Utility accommodation policy and standards, 1988

UTILITY ACCOMMODATION POLICY AND STANDARDS

State of Georgia

DEPARTMENT OF TRANSPORTATION

OFFICE OF UTILITIES

1988

. Atlanta, Georgia

PREFACE

PREFACE

The Department of Transportation is charged with constructing, maintaining and operating the State's highways safely and efficiently for the benefit of the motorists who use them. The use of public highway rights-of-way by water, sewer, gas, power, communications and other public utilities is a privilege afforded utility companies by the Department in the general public interest. The Department recognizes the benefits gained by the utilities from joint use of highway rights-of-way, where practical, and supports this practice as being in the public interest when adequate controls are employed. In setting forth policies,rules and regulations for accommodation of utilities, the Department must attempt to minimize the impact which these facilities will have on highway safety, improvements, maintenance and operations.

Because of the high costs of acquiring new rights-of-way, due to increasing land values and environmental impacts,
increasing reliance is being placed on obtaining maximum capaci ty and use from exis ting highway facili ties. This
requires that emphasis be placed on locating above-ground obstacles as far as possible from the travelled way and locating underground facilities where they will not conflict with highway improvements. Utility owners locating and
operating facilities on public right-of-way must accept responsibility (1) to protect the public investment in right-of-way, roadbed and structures and (2) to maintain
adequate traffic service and safety for the highway user during installation, maintenance and operation of their facilities.

This Utility Accommodation Policy and Standards manual

outlines the condi tions and procedures under which public

utlities will be permitted to occupy public rights-of-way in

Georgia. While policies and procedures, standards, and

rules and regulations are usually initiated and implemented

from central or headquarters offices, it is the operations

and cons truc tion people in the field who mus t make them

work.

The development of close working relationships

between Department personnel and local utility personnel is

to be encouraged.

It is not the intent of the Department to cause an unnecessary hardship on any utility requesting space on
State rights-of-way. We believe the public interest will best be served by maximum communication between the Department and the utilities regarding the policies and procedures described herein, the guidance under which they are implemented, and plans for new development and
construction of both highway and utility facilities.

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CONTENTS

Preface Chapter 1 : Chapter 2: Chapter 3: Chapter 4:
Chapter 5:
References Appendix A: Appendix B: Appendix C:

TABLE OF CONTENTS

Page i

DEFINITIONS AND TERMS

1

GENERAL POLICY ON UTILITY ACCOMMODATION

7

RULES FOR ISSUING UTILITY PERMITS

19

UTILITY ACCOMMODATION AND ADJUSTMENT

35

ON HIGHWAY CONSTRUCTION

UTILITY ACCOMMODATION STANDARDS AND

61

SPECIFICATIONS

119

LAWS AND POLICIES

123

PERMIT FORMS AND SUPPORTING DOCUMENTS

141

FORMS AND GUIDELINES FOR UTILITY

149

ADJUSTMENT ON CONSTRUCTION

ii

ILLUSTRATIONS
Figure
1. VEGETATION TREATMENT 2. DEPTH OF BURY 3. TYPES OF ENCASEMENT 4. UTILITY INSTALLATION BY OPEN CUT STAGE
CONSTRUCTION 5. DETAIL FOR BORING OR TUNNELING 6. EXISTING PIPELINE PROTECTION 7. CONTROLS FOR LOCATING UTILITIES WITHIN
THE RIGHT-OF-WAY

Page 70
82 84 92
97
102 116

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1. DEFINITIONS
AND TERMS

CHAPTER 1

DEFINITIONS AND TERMS

Whenever the following terms and phrases appear in this manual the intent and meaning shall be as follows.

Abbreviations:

AAR

American Association of Railroads

AASHTO

American Association of State Highway and Transportation Officials

ADT

Average Daily Traffic

ANSI

American National Standards Institute

API

American Petroleum Institute

AREA

American Railway Engineering Association

ASCE

American Society of Civil Engineers

ASTM

American Society of Testing anad Materials

AWWA

American Water Works Association

FHPM

Federal-Aid Highway Program Manual

FHWA

Federal Highway Administration

MUTCD

Manual on Uniform Traffic Control Devices

NESC

National Electrical Safety Code

TRB

Transportation Research Board,

National Research Council

Access Control: The condition whereby the rights of owners or occupants of land abutting the highway right-of-way, or
other persons, to access, light, air or view in connection wi th a highway is controlled by the Department of Transportation by special order.

a. Full Control of Access or Limited Access: Means that preference is given to through traffic by prohibiting at-grade intersections or direct
private driveway connections and providing access connections only at selected public cross roads by providing interchange connections.

b. Partial Control of Access or Controlled Access: Means that preference is given to through traffic
by limiting the number of public roads crossing at grade and generally restricting private driveway connections.

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Active Project: A planned highway project along which the Department has control of the right-of-way. A project is considered active until the date of its final acceptance.

Applicant:

The corporation, company, 'firm, business,

government agency, partnership, individual or individuals

named in the utility permit or the agents, employees,

representatives or contractors thereof.

Average Daily Traffic: The average 24-hour traffic volume for a period of time, usually a year.

Award: The formal acceptance by the Department of a bid for highway construction work.

Backfill: Replacement of soil around and over a pipe, ductline, condui t, cable or other underground s truc ture or facility.

Bedding: The subgrade soil and its surface as prepared to support a pipe, ductline, cable, conduit, etc.

Bet terments: Any upgrading to the utility facility being relocated made solely for the benefit of, and at the election of, the utility and not attributable to the highway construction.

Buried Cable: Any and all cables, wires, conduit, pedestals and/or other related facilities authorized in a permit for underground installation.

Bury: Vertical distance from the top of pipe, casing, duct, cable, etc. to some specified surface such as pavement, ditch, or shoulders.

Cap: A rigid structural element surmounting a pipe or other facility to provide protection and distribute loads.

Carrier Pipe: A pipe directly enclosing a transmitted substance such as liquid, gas, etc.

Casing Pipe: A larger protective pipe enclosing a carrier pipe.

Change Order: A written order issued by the Department covering changes in the plans, quantities, or basis of payment under a utility force account agreement.

Clear Roadside Area: An area adjoining the edge of pavement where roadsides are designed, constructed and maintained as wide, flat and free of abrupt changes as practical and reasonably free from physical obstructions above the ground such as trees, drainage structures, sign supports, utility poles and other ground mounted obstructions.

2

Coating: Protectiye material applied to or wrapped around a pipe, ductline, conduit, cable, etc.

Conduit or Duct:

An enclosed tubular passageway for

protecting wires or cables.

Conventional Highway: A highway without access control.

Cradle: A rigid structural element below and supporting a pipe.

Direct Burial: Installing a utility underground without encasement, by plowing or trenching.

Department: The Department of Transportation of the State of Georgia.

Drain: Appurtenance to discharge liquid contaminants from casings.

Easement: A right, other than the acquisition of title, acquired to use or control property for a designated purpose.

Encroachment: Unauthorized use of highway right-of-way or easements as for signs, fences, building, utili ties, parking, storage, etc.

Engineer: The State Highway Engineer of the Department acting directly or through his duly authorized representative.

Flexible: Undistressed by ovalizing deformation. (Such as plastic, fiberglass, and metallic pipe having a large ratio of diameter to wall thickness.)

Frontage Road: A local street or road auxiliary to, and located on the side of, an expressway or freeway for service to abutting property and for control of access.

Gallery: An underpass for two or more pipelines, ductline, conduits, cables, etc.

Grounded: Connected to earth or to some extended conducting body which serves instead of the earth whether the connection is intentional or accidental.

Grout: A sand-cement mortar; may be modified with fly ash.

Highway, Street or Road: A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

Jacket: Encasement by concrete poured around a pipe.

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Manhole: An opening to an underground system which workers or others may enter for the purpose of making installations, inspections, repairs, connections, tests, etc.

Median: The portion of a divided highway separating the traveled ways for traffic in opposite directions.

Miscellaneous Facility: The facility authorized in the permit, other than pole line, buried cable, pipe line or miscellaneous operations.

Miscellaneous Operations: The performance of miscellaneous operations as described in the permit.

Normal: Crossing at a right angle.

Oblique: Crossing at an acute angle.

Overfill:

Backfill above a pipe, ductline, conduits,

cables, etc.

Owner: The individual, company, government agency, etc., having ownership and responsibility for a utility facility.

Pavement Structure:

The combination of subbase, base

course, and surface course placed on a subgrade to support

the traffic load and distribute it to the roadbed.

Pipe: A tubular product made as a production item for sale as such. Cylinders formed from plate in the course of the fabrication of auxiliary equipment are not pipe as defined here.

Pipeline: Any and all pipe lines, hydrants, valve boxes, manholes, conduits, casings, and/or related fixtures authorized in the permit.

Poleline: Any and all poles, wires, guys, anchors, and/or related fixtures authorized in the permit.

Pressure: Relative internal pressure in psig (pounds per square inch guage).

Right-of-Way:

A general term denoting land, property,

interest therein, usually in a strip, acquired or devoted to

transportation purposes.

Rigid: Distressed by diametric deflection exceeding 1.0%. (Such as welded or bolted metallic pipe and reinforced, prestressed or pretensioned concrete pressure pipe.)

Roadbed Structure: The portion of highway that includes the pavement structure, shoulders and front slopes.

4

Roadside: A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.

Roadway: The portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.

Safety Rest Area: A roadside area with parking facilities separa ted from the roadway provided for motoris ts to stop and rest for short periods. It may include drinking water, toilets, tables and benches, telephones, information and other facilities for travelers.

Scenic Overlook: A roadside area provided for motorists to s top their vehicles beyond the traveled way, primarily for viewing the scenery in safety.

Semi-rigid: Tolerating diametric deflection up to 3.0%.
(Such as large diameter concrete and metallic pipe).

Shoulder: The portion of the roadway continuous wi th the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

Sidefill: Backfill alongside a pipe, ductline, conduits, cables, etc.

Slab, floating: Slab between, but not contacting, pipe and pavement.

Sleeve:

Short casing through retaining wall, pier, or

abutment or highway structure.

Special Provisions:

Those prov1s10ns shown under the

heading "Special Provisions" in the permi t or attached to

any agreement or contract.

Standard Specifications:

The Department's Standard

Specifications, Cons true tion of Roads and Bridges, current

issue, including approved amendments thereto.

Surety: The corporate body or bodies bound with and for the applicant for the full and complete performance of the provisions in the permit.

Traveled Way: The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

Trenched: Installed in a narrow open excavation.

Untrenched: surface.

Ins taIled wi thou t breaking ground or pavement

5

Under Construction: A highway project which has (a) been advertised for bids; (b) work under way; or (c) the contrac tor has not been released from the proj ec t. Note: The Standard Specifications hold the highway contractor responsible until written notice of Final Acceptance has been given by the Department. Use and Occupancy Agreement: The document (permit or agreement) by which the Department approves the use and occupancy of highway rights-of-way by utility facilities or private lines. Utility: All privately, publicly or cooperatively owned water distribution and sanitary sewer facilities and systems for producing, transmi t ting or dis tributing communication, cable television, power, electricity, light, heat,gas, oil, crude products, steam, waste and storm water not connected with highway drainage, including river gages, fire and police signals, traffic control devices, and street lighting systems, which directly or indirectly serve the public or any part thereof. The term "utili ty" may also be used to refer to the owner of any above described utility or utility facility. Utili ty Facility: The term "utili ty f acil i ty" shall include but is not limited to, any and all poles, wires, guys, anchors, buried cable, conduit, pedestals, pipe lines, hydrants, valve boxes, manholes, casings, river gages and related fixtures authorized in the permit or agreement. Vent: Appurtenance to discharge gaseous contaminants from casings. Walled: Partially encased by concrete poured alongside the pipe.
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2. GENERAL POLICY ON UTILITY ACCOMMODATION

CONTENTS

CHAPTER 2

GENERAL POLICY ON UTILITY ACCOMMODATION

2.1 Authority, Purpose and Scope of Regulations
A. Authority to Regulate
1. Public road encroachment prohibited 2. Department regulation authorized 3. Basis for standards
B. Purpose of Manual
1. Policy and standards 2. Decentralization of control 3. Certification acceptance 4. Revision of published policies
C. Scope of Application
1. State right-of-way and projects 2. Local road project exceptions

Page
9
9
9 9 9
10
10 10 10 10
11
11 11

2.2 Limitations on Right-of-Way Occupancy

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A. Protection of Traffic and Roadway

11

B. Highways with Access Control

12

1. Interstate and limited access highways

12

2. Controlled access highway

12

C. Written Authorization Required

13

D. Compliance with Department Standards

13

E. Compliance with Federal Policies

14

F. Public Telephones

14

2.3 Installations to Serve a Highway Purpose

14

2.4 Utility Operation and Maintenance Activities

14

A. Authorization for Work on Right-of-Way

14

B. Definition of Maintenance Activities

14

7

CHAPTER 2 CONTENTS (Continued)
2.5 Policy on Relocation A. Owner Required to Relocate 1. Compensation for relocation 2. Site for new installation B. Notification, Failure to Remove 1. Removal by Department 2. Reimbursement by owner

Page
15
15
15 16
16
16 16

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CHAPTER 2

GENERAL POLICY ON UTILITY ACCOMMODATION

2.1 AUTHORITY, PURPOSE AND SCOPE OF REGULATIONS

A. Authority to Regulate -

1. Public Road Encroachment Prohibi ted - The Georgia

Code of Public Transportation, Section 32-6-1,

provides that, "It shall be unlawful for any person

to obstruct, encroach upon, solicit the sale of any

merchandise on, or injure materially any part of

any public road."

(emphasis added).

Section

32-1-10 provides that, "Any person who violates any

of the provisions of this Title for which no

specific penal ty is provided, whether or not such

act or omission is expressly declared elsewhere in

this Ti tIe to be unlawful, or who violates any of

the rules and regulations issued under authority of

and in accord wi th the provisions of this Ti tIe,

shall be guil ty of a misdemeanor ... ", and further

provides that the Department "shall have the right

to enjoin any act or omission so punishable as a

misdemeanor .... " Further authority for enforcement

against encroachment is provided in Code Section

32-1-9 under which it is declared to be "the duty

of all State and local law enforcement officers to

enforce any provisions of this Ti tIe which states

that any act or omission is unlawful."

2. Department Regulation Authorized - Notwi ths tanding

the above ci ted restriction agains t encroachment,

the State Legislature has given the Department the

authority to issue regulations to allow

installation of utility facilities within the

highway rights-of-way. Provisions for regulation

of utility encroachments by the Department are

contained in Code Section 32-6-174 which states

that, "The Department may promulgate reasonable

regulations

governing

the

installation,

construction, maintenance, renewal, removal, and

reloca tion of pipes, mains, condui ts, cables,

wires, poles, towers, tracks, traffic and other

such signals, and other equipment and appliances of

any utility, in, on, along, over, or under any part

of the State Highway System or any public road

project which the Department has undertaken or

agreed to undertake or which has been completed by

the Department pursuant to its authority.

3. Basis for Standards - The policies and standards contained herein have been established after careful review of standards and practices of other government agencies, recommendations of national

9

associations of highway, public works, and utility officials concerned wi th utili ty accommoda tion policies, and national standards and codes governing utili ties. The provisions are further based on the prior experience of the Department in its utility permit operations and the judgement of the Department's engineers as to adequate and proper design, construction and operation practices. These policies and standards are in conformance wi th other standards under which the Department operates and are considered to constitute reasonable requirements for the protection of the public interest in accommodating utilities on State rights-of-way.
B. Purpose of Manual -
1. Policy and Standards - The purpose of this manual is to establish and prescribe the policy and standards of the Department for accommodation of utili ties wi thin public highway rights-of-way, to provide a basis for the planning of utility installations and to establish procedures and controls for the issuance of permits by the Department. A permit system for the accommodation of utilities makes known the intent of the utility owner to carry outwork wi thin the righ t-of -way; stipulates the nature and extent of such right-of-way work; provides an administrative means for the Department to coordinate the use of right-of-way space and to hold the utili ty owner responsible for such authorized work; and provides a means to grant approval for the authorized work and establish records of all utility operations and plans within the right-of-way.
2. Decentralization of Control - These written policies and standards will make it possible for the Department to decentralize the utility permit operation to its distric t offices and maintain a consistent policy and practice throughout the State.
3. Certification Acceptance - These policies and standards further serve to document the practice which the Department will follow in construction of federal-aid projects under its certification acceptance plan, as permi t ted by 23 USC 101 (e), 117 and 135, and thereby eliminate the requirement for Federal reviews of individual Departmental actions on applicable non-Interstate projects.
4. Revision of Published Policies - This Utility
Accommodation Policy and Standards Manual
10

supersedes and replaces the Manual of the same
title dated 1982 and all other publications of the
Department of Transportation relative to rules and policies governing the accommodation of utili ties
within the State's rights-of-way, which may be in
conflict herewith.

C. Scope of Application -

1. State Right-of-way and Projects - All utili ties, whether priva tely or publ icly owned, will be required to comply with the prov1s1ons of this manual when occupying or crossing any part of the right-of-way of the State Highway System, Federal-aid Highway System or any public road project which the Department has undertaken or agreed to undertake, or which has been completed by the Department. Utili ty installation policy and standards apply without regard to the type or source of funds used by the Department for project construction.

2. Local Road Project Exceptions

On projects

undertaken or completed by the Department, but not

on the State Highway System, the political

subdivision which retains title to the highway

right-of-way may assume the responsibili ty of

issuing permi ts for utili ties ins taIled wi thin the

highway right-of-way after final acceptance of the

project. Permits issued for such projects by said

political subdivisions shall be in accordance with

the

Utility

Accommodation

Standards

and

Specifications contained in Chapter 5 of this

manual and shall be subject to the Department's

inspection for compliance. At the request of any

city or county which operates, or desires to

implement, a utiltiy permit system, the Department

will enter into an agreement for such permits to be

issued on completed State projects in lieu of

Departmental permits, provided:

a. The local governing body duly passes a resolution agreeing to abide by State standards for utility accommodation; and

b. The Department is satisfied that the local government is adequately staffed to perform and control the permit operations.

2.2 LIMITATIONS ON RIGHT-OF-WAY OCCUPANCY A. Protection of Traffic and Roadway - It is the policy of
the Department that no utility may occupy the State
11

Highway rights-of-way unless sufficient space is
available so that the free flow and safety of highway traffic is not unduly impaired and the utility
installation does not prevent the Department from
reasonably maintaining the highways, structures, traffic control devices and other appurtenant facili ties, and further provided that maintenance and operations of the utility do not jeopardize the
traffic, or the highway structure or the maintenance
thereof.

B. Highways with Access Control -

1. Interstate and Limited Access Highways Authorization for the installation of utility
facilities along and across the rights-of-way of the Interstate System, and other limited access
highway, shall be governed by the AASHTO policy as described in A Policy on the Accommodation of
Utili ties on Freeway Rights-of-Way, 1982 edi tion. Au thoriza tion for longi tudinal ins talla tions shall
be granted only upon approval by the Commissioner.

2. Controlled Access Highways - Under the Department's policies there are different levels of access
control. The following guidelines shall be used for utility installation requests for controlled access highways.

a. Highways built on new location with controlled access.

It is anticipated that these highways will have

the following characteristics. Access to these

highways will be provided only at major

crossroads. Driveways will not be provided to

adjacent property. Frontage roads will be used

where access to adjacent property is required.

Longitudinal installation of utilities will not

be permi t ted along these highways.

Any

exceptions to this rule must be approved by the

Commissioner. Where exceptions are reques ted,

there must be a showing by the utility that

denial of a permi t would cause extreme

hardship. Such requests for exception will be

considered only for trunk1ine facilities

wi thout service connections or laterals which

would extend across access control lines.

b. Existing highways converted to controlled access.

These highways may have a limited number of driveways to serve property along the road in

12

addition to access at major cross roads.

Utility distribution facilities will usually be

in place and will be required to serve

residences and businesses along the road.

Existing utilities may be retained within the

right-of-way of these highways with adjustments

as necessary to eliminate conflicts with

construction. Service lines will be permitted

only to serve those properties which have

direct access to the highway. Distribution or

transmission laterals will not be permitted to

cross access control lines unless already in

place when the project is initiated. Any

--ro requests for addi tion of new facilities along

these routes will continue

require approval

by the State Utilities Engineer. Wherever

practical all new installations shall be

located off the right-of-way or beyond the

limit of access.

c. Installation of utilities across controlled

access highways may be approved by the District

Engineer.

.

C. Written Authorization Required - Before installing or relocating any utility facilities which will occupy or encroach on the rights-of-way acquired for State projects, or which is part of the State Highway System, the utility owner will be required to obtain written authorization from the Department. For all initial installations a permit will be executed .. Also, for relocation or adjustment of facilities for which a written permit has not previously been issued, and which are not covered by force account agreement, a permi t will be executed. Procedures and requirements for the application and granting of permits are contained in Chapter 3. For reloca tion or adjustment of utilities to accommodate highway projects where the owner is to be reimbursed by the Department, a force account agreement will be executed and will contain the necessary authorization for the revised installation. Procedures for adjustment and relocation to accommodate highway construction are described in Chapter 4.

D. Compliance with Department Standards

The required

standards and specifications for utility accommodation

contained in Chapter 5 attempt to cover the large

majority of situations which will occur. They are

general in application, particularly with regard to

permissable locations of facilities within the

rights-of-way. There may be instances where a proposed

installation appears to meet the requirements of this

manual but special circumstances make the installation

inappropriate. Each request for encroachment will be

13

reviewed by the Department on its own merit with regard to its impact on safety, visual quality of the highway and the cost or difficulty of highway and utility construction and maintenance. The decision of the State Highway Engineer shall be final except for administrative appeal to the Commissioner.
E. Compliance with Federal Policies - Requirements for accommodation of utilities on federal-aid projects are prescribed in Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 3, Transmittal 389, dated September 6, 1985. It is the policy of the Department to require full compliance with the FHPM for all installations on public rights-of-way.
F. Public Telephone - The installation of telephones for the. safety and convenience of the highway traveler may be permitted on the rights-of-way of State highways, including rest areas of the Interstate System. Telephone installations may be approved by the Department by written temporary permits under the provisions of Chapter 3, paragraph 3.1. Permissible locations and standards for installation of telephones are included in Chapter 5.
2.3 INSTALLATIONS TO SERVE A HIGHWAY PURPOSE
The policies, rules and standards of the Department, as described herein, regarding other types of utility installations will also apply to installations requested by the Department to service highway facili ties. The use and occupancy agreement may be a permit, if the entire cost of the installation is to be borne by the utility company, or a force account agreement if the Department is to participate in the cost of installation.
2.4 UTILITY OPERATION AND MAINTENANCE ACTIVITIES
A. Authorization for Work on Right-of-Way - The use and occupany agreement required by paragraph 2.2, above, shall include the necessary authority for the continued operation and maintenance of the utility facility after instllation. However, see paragraph 3.8 which requires the giving of advance notice to the Department for certain types of activities within the right-of-way.
B. Definition of Maintenance Activities - The following types of activities shall be considered as incidental to opera tion and maintenance of the f acili ties installed within the highway right-of-way and will not require a separate written agreement.
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(1) Replacement of parts necessary due to damage, deterioration or obsolescence.
(2) Emergency replacement of poles or other facilities damaged by accidents or natural causes such as wind or ice and when immediate repair is required to restore servies.
(3) Installation of lateral service connections to serve occupants of adjacent property, provided such connections do not introduce new obstructions onto the right-of-way and do not require trenching or boring under the roadway.
(4) Installation of additional appurtenance or attachments to facilities which do not affect vertical or horizontal clearances from the traveled way or do not change the rated capaci ty or transmittant of the facility for which a permit was issued.
(5) Periodic, rou tine inspection, tes ting, and preventive and routine maintenance to insure that facilities are retained in a serviceable condition and good state of repair at all times.

2.5 POLICY ON RELOCATION

A. Owner Required to Relocate - Under the provisions of Georgia Code Sec tion 32-6-171 the Department reserves the right to require the utili ty to remove, repair, adjust or relocate any utility facilities installed within the public right-of-way of a road which the Department has undertaken to improve, or intends to improve when, in the opinion of the Department, the facility constitutes an obstruction or interference wi th the use or safe operation of such road by the traveling public or will interfere with such construction or maintenance. All utilities utilizing the right-of-way are expected to reac t to the Department's notification of proposed projects in time sufficient to assure removal or relocation so as not to adversely affect the Department's preconstruction schedule nor the Contractor's construction schedule for the project. The utility owner may be held liable for any damages or excess costs of construction when delays are caused by failure of a utility to relocate within a reasonable time.

1. Compensation for Relocation

The removal,

relocation or adjustment of utilities shall be

accomplished at the sole expense of the utility

owner except as it may qualify for reimbursement

15

under the. provisions of Chapter 4 of this manual. The Department reserves the right to amend its
policy on reimbursement as it may legally do so under the laws and Constitution of the State.

2. Site for New Installation - In the event it becomes

necessary to require the utility owner to relocate

its facilities and such facilities are still in

use, and provided other suitable space is

available, the Department may specify a new

loca tion in the highway right-of-way to which the

facili ties may be moved. If the public highway

right-of-way is insufficient to accommodate the

relocated facili ties they shall be required to be

removed therefrom.

See Chapter 4 herein for

provisions regarding acquisition of replacement

right-of-way when required.

B. Notification, Failure to Remove - Upon receiving written notice from the Department to remove, relocate,
repair or adjust its facilities which are using or occupying a highway, street or road which the Department has undertaken to improve, the utility owner
shall, within sixty (60) days thereafter, begin arrangements for said removal, relocation, repair of adjustment in accordance with said written notice and instructions from the Engineer. Should the owner fail
to comply wi th such notice wi thin a reasonable time sufficient to allow for engineering and other procedures reasonably necessary to the removal and
relocation of the facilities, the Department may give the utility a final notice directing that such removal be begun not later than ten (10) days from the receipt of such final notice.

1. Removal by Department - If the utili ty does not, within ten days of receipt of such final notice,
begin to remove or relocate the facility or, having so begun, thereaf ter fails to reasonably prosecute
the work to completion, the Depra tment may remove or relocate the same with its forces or by employing or contracting for the necessary
engineering, labor, equipment, tools, supervision, or other necessary services or materials and whatever else is necessary to accomplish the removal and relocation.

2. Reimbursement by Owner - The Department may then submit a bill for the full amount of the cost of
removal and relocation and any damages or excess cost due to construction delays to the utility owner and the amount shall become due immediately, or wi thin such time as may be agreed upon between the owner and the Department. In the event the

16

utili ty does not make payment or arrange to make payment within 60 days after receipt of a bill from the Department, the Department shall certify the amount for collection to the Attorney General.
17

aT

3. RULES FOR ISSUING UTILITY PERMITS

Chapter 3

CONTENTS RULES FOR ISSUING UTILITY PERMITS

3.1 Requirements for Permits
A. Types of Permits
1. General encroachment permit 2. Blasting permit 3. Public telephone permits
B. Terms and Conditions of Permit

Page 23
23
23 23 23
24

3.2 Permit Application and Approval Procedure

24

A. Where to Apply

24

B. Authority to Approve

24

C. Approval of Other Agencies

25

3.3 Allocation of Costs

25

A. Permit Fee

25

B. Installation Costs

25

C. Reimbursement of Department Expense

25

D. Materials within the Right-of-Way

26

3.4 Liability and Control

26

A. Damages Resulting from Installation

26

B. Injury or Damage to Utilities

26

C. Pavement Repair Liability

26

D. Protection of Public

27

E. Inspection of Work

27

F. Work by Utility Contractors

27

G. Final Permit Authority

28

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CHAPTER 3 CONTENTS (Continued)
3.5 Insurance and Bond A. Requirement for Insurance B. Requirement for Bond
3.6 Installation Details A. Plans to Accompany Permit B. Construction and Work Requirements 1. Compliance with plans 2. Work standards 3. Notice of work beginning 4. Notice of work completion
3.7 Traffic Protection A. Traffic Control B. Restriction Against Interference with Traffic C. Restrictions on Access
3.8 Maintenance A. General Restrictions B. Notice to Department
3.9 Approval and Notice of Other Agencies A. Additional Permit or License B. Utilities on Active Construction Projects C. Notice to Other Utilities

Page 28 28 28
29 29 29 29 29 30 30
30 30 30
31
31 31 31
32 32 32
32

20

CHAPTER 3 CONTENTS (Continued)
3.10 Effective Period of Permit
A. Term of Permit B. Cancellation for Cause C. Assignment or Transfer D. Time Limit on Beginning Work E. Restriction Against Varied Use
1. Required permit information 2. Changes subsequent to permit approval
3.11 Installation Identification
3.12 Coordination of Requirements

Page 33
33 33 33 33 33 33 33
34
34

21

CHAPTER 3

RULES FOR ISSUING UTILITY PERMITS

3.1 REQUIREMENTS FOR PERMITS

All utili ty owners shall be required to apply for and

obtain written permission from the Department of

Transportation before installing or making substantial

changes to any utility facilities on the State or

Federal-aid Highway System or on projects which the

Department has completed.

Permits shall also be

required to install facilities adjacent to the

right-of-way so as to require trimming on the

right-of-way, or the cutting of any paved surface for

utility maintenance.

A separate permit shall be

required for each route (as determined by State Route

number, or Federal-aid Route number if not on the State

Highway Sys tern) and each coun ty where the ins talla tion

is proposed. Service connections which involve setting

a new pole on the right-of-way, trenching in the

roadbed, cutting of pavement or boring beneath the

pavement will require a permit. A blanket permit may

be obtained annually to cover all other service

connections in each county.

A. Type of Permits

1. General Encroachment Permit - The Department has
adopted FORM DOT 413, a copy of which is included
in the Appendix, as a general permit to be used for all types of utility installations which encroach
on public rights-of-way.

2. Blasting Permit

In addition to the general

encroachment permit, a supplemental permit will be

required when the utili ty proposes to do any work

involving the use of explosives within or under the

roadbed. Form DOT 413-X has been adopted for this

purpose and a copy of this form is also included in

the Appendix.

3. Public Telephone Permit

The installation of

public telephones inside buildings in rest areas

will not require a separate permit. For telephone

installations located along the roadside, Form DOT

413 will be used and will include a Special

Provision requiring removal of the telephone and

appurtenances within ten (10) days after notice

from the Department of Transportation that the

permit is rescinded. Application for a permit for

telephone

installation within

the public

right-of-way shall be accompanied by a

certification by the Applicant that neither the

Applicant nor others will reimburse the adjacent

23

property owner in any manner for his concurrence in the location of a telephone booth. Applicant shall also certify that no person, persons, organization, etc., will be granted consideration of any type for the privilege of operating the telephone within the State Highway right-of-way, nor shall any person, persons, organizations, etc., outside the Applicant's normal organization be granted a percentage of the revenue, a fixed fee or any compensation of any nature from the operation of the telephone authorized to operate within the State Highway right-of-way.
B. Terms and Conditions of Permit - A proposed utili ty installation must comply with all the applicable requirements and provisions of this manual, and any other special instructions or special provisions which the Department may stipulate, before a permit shall be approved. Applicant, in accepting the permi t, agrees to abide by the terms and conditions thereof. Failure to comply wi th terms of the permi t during the installation, operation and maintenance of utility facili ties wi thin the highway right-of-way may resul t in revocation of the permit and removal of facilities from the right-of-way.

3.2 PERMIT APPLICATION AND APPROVAL PROCEDURE

A. Where to Apply - Application for utili ty encroachment permits shall be made to the Department's District Engineer having supervisory responsibility for the area in which the facilities are to be installed. A State map showing the Department's district boundaries and a listing of the mailing addresses and telephone numbers of the District Engineers are included in the Appendix.

B. Authority to Approve - The District Engineer will have

full authority to approve permits for routine

installations which are in accordance with this manual

and located on conventional highways.

Limi ted

exceptions to the policies or standards stated herein

may be approved by the State Utili ties Engineer after

appropriate review by District personnel. Installation

of utilities across controlled and limited access

highway may be approved by the District Engineer. When

the proposed installation is along a controlled access

or limi ted access highway it shall require approval by

the Commissioner or his authorized representative.

Permit applications for attachments to bridges must

have the approval of the State Bridge and Structural

24

Design Engineer before approval by the Dis tric t Engineer or State Utilities Engineer. When attachments are to be made to bridges over a railroad, the Applicant must obtain written concurrence of the Railroad before an approved permit will be released by the Department.

Permi t applications for bIas ting will be reviewed by the State Materials and Research Engineer in addition to the District Engineer and may be approved by the State Utilities Engineer.

On active projects, permits will not be approved until adequate provisions are made for incorporation of the facilities into project plans and contract.

Any request for encroachment on Interstate highways involving an exception to the State's policy and standards as described herein shall require the approval of the Federal Highway Administration in addition to the State's approval. Approval of the FHWA will be requested by the Department when required.

C. Approval of Other Agencies

Applications for

encroachments on State-owned property under control of

the Department of Transportation should be made to the

Department's Distric t Office on Form DOT 413 in the

same manner as for encroachments on State Highways.

After review in the District, the application will be

forwarded to the State Utilities Engineer for

coordination wi th the other State Departments or

agencies involved.

3.3 ALLOCATION OF COSTS

A. Permit Fee - There shall be no charge for the issuance

of the permi t except as required under Chapter 672-11

of the Department's rules.

.

B. Installation Costs

The entire cost of installing,

maintaining, repairing, operating, or using the pole

line, buried cable, pipeline, or miscellaneous utility

facili ty, performing miscellaneous operations and any

other expense whatsoever incidental to the facili ties

or operations authorized by the permit, shall be paid

by the Applicant.

C. Reimbursement of Department Expense

The Applicant

shall, in addition to paragraph B, above, reimburse the

Department for any reasonable and necessary expense

including, but not limited to, extraordinary inspection

services by Department personnel, that the Department

may incur in connec tion wi th the facili ties or

25

operations authorized by the permit. The reimbursement to the Department shall be made by the applicant within thirty (30) days after receiving a statement from the Engineer.
D. Materials Within the Right-of-Way - The Applicant, upon notification in wri ting by the Engineer, shall pay a reasonable market price for any materials removed from the right-of-way or destroyed as a result of operatons authQrized by the permit.
3.4 LIABILITY AND CONTROL
A. Damages Resulting from Installation - The applicant shall indemnify and hold harmless the State, the Department of Transportation, the members thereof, and all officers, employees or agents of the State or the Department of Transportation, or any political subdivision thereof, against any and all damages, claims, demands, actions, causes of ac tion, cos ts and expenses of whatsoever nature, which may resul t from any injury to, or the death of, any persons or from the loss of, or damages to property of any kind or nature, including the highway and highway facilities or structures, property or equipment used or owned by the State or the Department of Transportation, and facilities which now or may hereafter occupy the right-of-way of the said highway, when such injury, death, loss or damages arises out of the construction, installation, maintenance, repair, removal, relocation, operation or use of the pole line, buried cable, pipeline, or miscellaneous utility facility covered by the permit, or out of miscellaneous operations authorized by the permit.
B. Injury or Damage to Utilities - The Department, its Engineer, officers or employees shall not be held responsible or liable for injury or damage that may occur to facili ties covered by the permit, or to any connection or connections thereto, by reason of highway maintenance and construction activities or highway contractor or permittee operations. The Department's contractor shall not be held liable for any damage that may occur to utility facilities after the utility owner has been notified of a conflict with construction and given reasonable time to relocate the facilities
C. Pavement Repair Liability - Following the patching or tunneling underneath of any paved surface, the applicant shall be responsible for the condition of said pavement, shoulders and patches, and shall upon request from the Engineer, repair to the Engineer's satisfaction any of the said pavement shoulders or
26

patches which become settled, cracked, broken or otherwise faulty.

D. Protection of Public - The applicant shall employ any and all methods in performing the operations authorized by the permi t which the Engineer may require in order to properly protect the public from injury and the highway from damage. The utility owner shall have sole responsibility for the adequacy and safety of the design and engineering of its facilities.

E. Inspection of Work - The Department reserves the right

to inspect the work during such periods as the Engineer

deems necessary to check compliance wi th the terms of

the permit by the Applicant, and to require the

Applican t to correct all deviations from the approved

permit.

If the Department is required to incur

additional or unusual expense to insure compliance with

the terms of the permit due to inadequate control

procedures by Applicant, Applicant shall reimburse the

Department for such addi tional cos t of inspec tion and

any repairs the Department must make to the highway.

Any supervision or control exercised by the Engineer

shall in no way relieve the Applicant of any duty or

responsibili ty to the general public, nor shall such

supervision or control relieve the Applicant from any

liability for loss, damage or injury to persons or

property as provided in paragraph A, above.

F. Work by Utility Contractors - When the Applicant shall

contract for any work to be performed on the public

right-of-way under authority of the permit, the

contractor shall agree in writing prior to beginning

work, that such work will be performed in accordance

with the Department's current Utility Accommodation

Standards and Specifications and be subject to

inspection by the Department to insure compliance

therewith. The written agreement shall further provide

that the Department shall be held harmless for any

extra expense or damages to the contractor as a result

of any action the Department may require to correct all

deviations from the said Standards and Specifications.

This agreement may be made a part of continuing

contrac tsor bid contract documents. If not included

in the contract, it shall be completed prior to work

beginning. A sui table form for the required Special

Assurances is included in the Appendix. When any

contrac tor develops a history of poor performance, the

Department reserves the right to require the contractor

to furnish a surety bond in an amount specified by the

District Engineer in accordance with paragraph 3.5, B.,

below.

Upon continued refusal of a contractor to

comply with Department rules, regulations and

standards, the Department may ban said con trac tor from

working within the public right-of-way.

27

G. Final Permit Authority - The decision of the Engineer shall be final and conclusive with respect to any of the condi tions, terms, s tipula tions and provisions of the permit. This shall not foreclose applicant's right of appeal.
3.5 INSURANCE AND BOND
A. Requirements for Insurance - When requested in writing by the Engineer, the Applicant or his contractor shall obtain and carry, for the period of time required for the complete installation of the facilities authorized by the permit, including the repair and restoration of the highway facilities, and also during such future periods of time when operations are performed involving the repair, relocation or removal of said facilities authorized by the permit, a liability and property damage insurance policy, or policies, holding the Department harmless from any damages arising out of operations performed or authorized by the permit. The said insurance shall provide, as a minimum, coverage in the following amounts: $200,000.00 property damage resul ting from any single occurence, and $1,000,000.00 for the death or inury of any person, subj ec t to a limit of $2,000,000.00 for injuries or deaths resulting from any single occurrence. The said insurance policy, or policies, shall be wi th an insurance company authorized and licensed to do business in the State of Georgia. A copy of the policy, or policies, or certificate evidencing same, shall be submitted to the Department's District Engineer having jurisdiction over the area in which the proposed work is located, and mus t be approved by him, before any work is commenced under the permit.
B. Requirement for Bond - When requested in writing by the Engineer, the Applicant or his contractor shall furnish, for the period of time required for the complete installation of the facilities authorized by the permit, including the repair and restoration of the highway facilities, and also during such future periods of time when operations are performed involving the repair, relocation or removal of said facil ties authorized by the permit, a surety bond in the amount specified in the Special Provisions of the permit. The bond shall be written by a Surety Company duly qualified and licensed to do business in the State of Georgia. Form DOT 513, as contained in the Appendix, or other form satisfactory to the Engineer, may be used. No work shall be commenced under the permit until the said bond has been submi t ted to and approved by the Department.
28

3.6 INSTALLATION DETAILS

A. Plans to Accompany Permit - The Applicant shall submit wi th his permi t application letter size prints of a satisfactory plan showing in detail the location of his proposed facility or operations as described in the said permit application. The plans shall show the size or capacity of facilities to be installed; their relationship to highway features such as right-of-way lines, pavement edge, structures, etc., horizontal and vertical clearance to critical elements of the roadway and any other information necessary to evaluate the impac t on the highway and its operation. Four prints of the plan are normally required. Proposed installations on the Interstate System shall be shown on copies of highway project construction plans. When attachment to a highway structure, bridge, culvert, wall, etc., is involved the Applicant shall include in his plans details of the attachment method and shall give the following additional data for pipe lines carrying gas or flammable liquids:

(1) Design pressure of pipe. (2) Normal operating pressure. (3) Maximum operating pressure.

Plans shall also show whether cathodic protection is to

be provided and the proposed method for insulating

bridge members from electrical currents.

When

explosives are to be used, a detailed operational plan

must be submitted as part of the supplemental permit

application. The Blasting Operation Procedures form in

the Appendix describes the information to be submitted.

B. Construction and Work Requirements -

1. Compliance with Plans - The Applicant's completed facility shall be in substantial conformance with the plans required by paragraph A, above. When changes are required and approved on cons truc tion the Applicant shall prepare revised "as built" plans and furnish two copies for the Department's permit record files.

2. Work Standards - All work in connection with the facili ty authorized by the permi t shall be done in a neat and workmanlike manner to the satisfaction of the Engineer. All utility installations shall also conform with the applicable sections of this manual and current editions of the Department's Standard Specifications, rules and regulations of

29

the State Public Service Commission, the National Electrical Safety Code, the American Water Works Association standards, the recognized ANSI Standard Code for the type of facility to be installed, and any specifications or Special Provisions which may be made a part of the permit by the Department.

3. Notice of Work Beginning - Applicant shall notify

the Department's Area Engineer or Inspector at

least 24 hours before starting any work under the

permi to

Applicants mus t present their work

schedule and plan for traffic control for approval

by Department's respresentative.

4. Notice of Work Completion - Applicant shall notify the Department when the installation authorized by the permit has been completed so that an inspection can be made by the Department's representative to ensure that provisions of the permit have been met and that all areas within the right-of-way have been adequately restored.

3.7 TRAFFIC PROTECTION

A. Traffic Control- A written traffic control plan will be

submi t ted wi th each permi t application for work

requested within the rights-of-way. Companies who have

a wri t ten traffic control plan approved by the

Department may meet this requirement by reference to

the appropriate parts of the plan in their permit

application.

During the initial installation or

cons truc tion of the facili ties authorized by the

permit, or during any future repair, removal or

relocation thereof, or during any miscellaneous

operations, the Applicant shall, at all times, maintain

flaggers, signs, lights, flares, barricades, and other

safety devices as approved by the permi t or as the

Engineer may reasonably deem necessary to properly

protect traffic upon the highway, and to warn and

safeguard the public agains t injury or damage. As a

minimum, the Applicant must comply with the Manual on

Uniform Traffic Control Devices. The Applicant shall

provide a watchman, as required, to maintain said

signs, lights, flares, barricades and other safety

devices during non-work hours, and shall, upon request

furnish the Engineer the telephone number and/or

address of such watchman.

B. Restriction Against Interference with Traffic - The Applicant shall so conduct his operations that there will be a minimum of interference with or interruption of traffic upon and along the highway. This applies to both the initial installation and the continuing

30

maintenance and operation of facilities. Except in

emergencies, there shall be no interference with or

interruption of traffic upon and along the highway

until a plan for the satisfactory handling of traffic

has been worked out and approved by the local

Department Engineer or other person named in the

Permi t. In emergencies the Applicant shall notify the

local Department Engineer or inspector as soon as

practical.

The Department reserves the right to

prohibit any work which may interfere with traffic

movement during times of peak traffic flow.

C. Restrictions on Access - It is expressly provided that,

wi th respect to any limi ted access highway, the

applicant, except as hereinafter provided, shall not

have or gain direct access, ei ther ingress or egress,

from the main traveled way of said highway or its on or

off ramps to any of the facili ties authorized by the

permit, and that access to said facilities from the

main traveled way, or on or off ramps of said highway,

is absolutely prohibited, either by vehicle or by foot.

However, upon notice to the local Area Engineer or his

representative that the construction of the authorized

facilities pursuant to the permit is to be undertaken,

or that an emergency exists and repairs are needed for

the immediate protection of property and persons or

prevention of injury, the Department may approve direct

access for ingress and egress to said authorized

facilities from said on and off ramps or main traveled

ways, except that no vehicular traffic movement shall

be allowed which would cross traffic or be contrary to

normal traffic movement. Such permission will only be

granted during the actual time of the construction of

the authorized facilities or of the emergency, and

applicant agrees to take every precaution during such

periods to safeguard the highway users.

I t is

understood by the applicant that any violation of the

above regulations governing access to limited access

highways shall resul t in a cancellation of the access

privileges herein contained.

3.8 MAINTENANCE

A. General Restrictions

Applicant shall at all times

keep facilties authorized by the permit in a good state

of repair from the s tandpoin t of both s truc ture and

appearance. The Department may revoke the permi t and

order removal of any facilties which become a hazard to

the public or the roadway due to improper maintenance

practices.

B. Notice to Department - The utilitl shall give 24-hours advance notice to the Department s Dis tric t Engineer,

31

or his local representative, before undertaking any of the following maintenance activi ties wi thin the State Highway right-of-way:
(1) Any work which requires the blocking of one or more traffic lanes for a period of time in excess of 2 hours.
(2) Installation of any temporary structures which are to remain on the right-of-way.
(3) The cutting, trimming or spraying of any trees or shrubs within the right-of-way.
(4) Making any pavement cut except in an emergency.
(5) Making any excavation within the roadbed which may remain open overnight.
3.9 APPROVAL AND NOTICE OF OTHER AGENCIES
A. Additional Permit or License - Nothing in the permi t shall be construed to grant rights or imply approval in areas not falling within the authority and jurisdiction of the Department. It shall be the responsibility of the Applicant to determine the need for, and to obtain, such license, permi t, or other form of approval which may be required by other State or local agencies, Federal agencies, or Railroads.
B. Utilities on Active Construction Projects - When highway construction is underway, it shall be the responsibili ty of the applicant to furnish a schedule for making the new utility installation that is compatible with project construction. Written approval of such schedule by the highway con trac tor shall be furnished to the Department's engineer having jurisdiction over the project prior to beginning work. Upon request the Department will assist in resolving any disputes over work schedules or in arranging for emergency access to utility facilities within an active project.
C. Notice to Other Utilities - The applicant shall give due notice to owners of any other known overhead, underground or other utility facilities at the described location which may be impacted by installation of applicant's facility, notifying them of the work proposed under the permi t and the date of their proposed work.
32

3.10 EFFECTIVE PERIOD OF PERMIT

A. Term of Permit - If work begins within t\-lelve (12) months after issuance, and unless otherwise provided in the Special Provisions, the permit shall be in effect for an indefini te period of time from and af ter the date issued, unless sooner revoked by mutual consent or by the Department for failure of the applicant to abide by the terms and conditions of the permit or by opera tion of law. A permi t is automatically revoked when the utility for which the permit is issued ceases or abandons the operations.

B. Cancellation for Cause

Failure of the applicant,

within a reasonable time after written notice from the

Engineer, to comply wi th any of the terms and

conditions of the permit shall be sufficient cause for

cancellation of the permit.

C. Assignment or Transfer - The permit, and the privileges granted, and the obligations of permittee created thereby, shall be binding upon the successors and assigns of the permittee. Permittee shall give the Engineer written notice of any such assignment or transfer within a reasonable time thereafter.

D. Time Limit on Beginning Work - If the applicant fails to commence installation of the pole line, buried cable, pipe line, miscellaneous facility, or other miscellaneous opera tions covered by the permi t wi thin twelve (12) months from the date the permit is issued, said permit shall be deemed null and void and all privileges thereunder forfeited, unless a written extension of time is obtained from the Department.

E. Restriction Against Varied Use

Subject to safety

regulations in effect in the State, the following

precautionary measures are applicable to pipeline

crossings.

1. Required Permit Information - Pipeline crossing permits shall specify the transmittant (or class of transmittants), the maximum working or test pressures (or potential) and the design standards for the carrier.

2. Changes Subsequent to Permit Approval -

a. For encased carriers, the utility company will be required to give advance notice of change of transmittant or increase in working or potential pressure.

33

b. For uncased carriers, the utility will be required to renegotiate the occupancy before changing transmittant or increasing working or potential pressure.
3.11 INSTALLATION IDENTIFICATION
In order to identify the work during installation, the permittee shall place a card sign, or signs, on the highway near the work before beginning the installation. The sign shall be visible from the traveled way and shall be placed not less than six (6) feet above the ground and at leas t one per mile. The sign or signs will be furnished to the Applicant by the Department along with the approved permit.
3.12 COORDINATION OF REQUIREMENTS
41
In the case of any discrepancy between the requirements of this Manual and the plans or Special Provisions attached to the permit, the following order of control shall govern:
(1) Plans attached to the permit shall govern over this Manual, and
(2) Special Provisions shall govern over this Manual and plans attached to the permit.
34

4. UTILITY ACCOMMODATION AND ADJUSTMENTS ON
HIGHWAY CONSTRUCTION

CONTENTS

CHAPTER 4

UTILITY ACCOMMODATION AND ADJUSTMENTS ON HIGHWAY CONSTRUCTION
Page

4.1 Written Approval Required

39

A. Approval by Permit

39

B. Approval by Contract Agreement

39

C. Highway Use Agreements

39

4.2 Development of Plans

40

A. Construction Plans to Show Utilities

40

1. Preliminary highway plans

40

2. Utility plans

40

B. Content of Plans

41

4.3 Reimbursement for Utility Adjustments

41

A. Authority to Reimburse

41

1. Publicly-owned facilities

41

2. Facilities installed under prior rights

41

3. Federal policy

42

B. Conditions Governing Reimbursement

42

1. Policy for Department participation in

42

utility costs

2. Cases eligible for reimbursement

43

3. Non-reimbursable cases

44

C. Determination of Eligibility for Reimbursement

44

1. Certificate of eligibility and supporting

44

data

2. Partial eligibility

44

D. Eligible Costs

45

E. Basis of Reimbursement

48

1. Reimbursement to represent actual costs

48

2. Basis of payment

48

35

CHAPTER 4 CONTENTS (Continued)
4.4 Acquisition of Right-of-Way A. Determination of Right-of-Way Needs B. Method of Acquisition 1. Reimbursable cases 2. Non-reimbursable cases C. Interest to be Acquired
4.5 Performance of Utility Work A. Determination of Method of Performance B. Policy on Including Utilities in Highway Contracts C. Definition of Responsibilities on Highway Contracts
4.6 Consultant and Contractor Services A. Consultant Services 1. Selection of consultant 2. Proposal requirements 3. Department approval 4. Certificate of non-collusion B. Contractor Services 1. Solicitation of bids 2. Continuing contracts
4.7 Preparation of Cost Estimates A. Estimate Requirements 1. Itemized detail 2. Work by consultants 3. Work by contract 4. Certificate of eligibility B. Review by Department
36

Page 48 48 49 49 49 49
50 50 50
50
51 51 51 51 52 52 52 52 52
53 53 53 53 53 53 54

CHAPTER 4 CONTENTS (Continued)
4.8 Execution of Agreements A. Requirement for Agreements B. Preparation of Agreement C. Departmental Reviews and Approval D. FHWA Approval E. Change Orders 1. Owner responsibility 2. Department responsibility
4.9 Authorizations to Incur Costs A. Requirement for Written Authorization B. FHWA Approval
4.10 Construction Notification and Coordination A. Notice of Highway Contract Award B. Preconstruction Conference C. Notice to Department by Utility
4.11 Billing and Payment A. Progress Bills B. Final Bills C. Certification of Final Costs D. Audit by Department
4.12 Documentation of Costs A. Detailed Records Required B. Retention of Records
4.13 Advance Installations 37

Page 54 54 54 54 54 55 55 55
55 55 56
56 56 56 56
57 57 57 57 58
58 58 58
58

CHAPTER 4 CONTENTS (Continued)
4.14 Joint-Use of Utility Facilities A. Policy on Joint-use B. Policy on Reimbursement C. Preconstruction Procedures D. Construction Requirements 1. Contract work 2. Work by local government E. Maintenance
4.15 Installations to Serve a Highway Purpose

Page 59 59 59 59 59 59 59 60 60

38

CHAPTER 4

UTILITY ACCOMMODATION AND ADJUSTMENTS ON HIGHWAY CONSTRUCTION

4.1 WRITTEN APPROVAL REQUIRED
When utilities occupy rights-of-way obtained or required for highway construction projects, written permi ts or agreements wi th each utili ty owner will be required prior to commencing wi th highway cons truc tion or the installation, relocation or adjustment of the utilities to accommodate construction.
A. Approval by Permit - Where no prior property rights exist with a utility which is to remain on public road right-of-way, and any required relocation or adjustment of facilities is not to be reimbursed under Case I, II or III as described in paragraph 4.3 herein, then a Permit Form DOT 413 must be completed and on file with the Department. When a permit has been previously executed, it will not be necessary to execute a new permi t unless the utili ty proposes to make changes in its facilities in conjunction with the highway construction project.
B. Approval by Contract Agreement - When the utility has prior property rights in the location which it occupies, or when an adjustment is required which is to be reimbursed, an agreement in one of the following forms will be executed between the Department and the utility:
(1) An agreement providing for adjustment work to be performed by the utility and/or its consultant or contractor and reimbursement to be paid by the Department.
(2) An agreement providing for work to be included in the highway contract with the utility reimbursing the Department for any betterment which may be included and which is not required by the highway project.
(3) An agreement modifying the utility's easement right to the extent that all future installation, operation and maintenance of the utility's facili ties wi thin the highway right-of-way shall be in accord with the Policy and Standards of the Department for accommodation of utilities.
C. Highway Use Agreements - When the Department, as part of a highway improvement project, proposes to install traffic signals, signs, or other traffic control devices on utility poles, or requires utility services
39

to a highway facility, and such installations are to be reimbursed by the Department, a highway-use agreement will be required in accord with paragraph 4.14 or 4.15.
4.2 DEVELOPMENT OF PLANS
A. Construction Plans to Show Utilities - In all cases it will be necessary for project plans to show the size, type and extent of utility facilities located on highway right-of-way. Also, in all cases, it will be necessary for project plans to show any proposed adjustment or relocation of the utility facilities within the highway right-of-way.
1. Preliminary Highway Plans - During the early stages of development of highway construction projects the Department's preconstruction project managers shall determine the existence of utilities within the project limits and their proposed disposition. In cases where suitable arrangements cannot be made in accordance with the Department's policies and standards, as outlined in this Manual and elsewhere, a pre-design conference may be called wi th the uti 1i t Y owner and the Depar tmen t ' s utili ties engineer to make special provisions for accommodating or relocating the utilties.
2. Utility Plans - Upon completion of preliminary design plans, copies of plans showing all known utili ties will be forwarded to the Owners through the District Office of the Department. The Utility will verify accuracy of existing facilities, add any not shown, and prepare detailed plans showing necess-ary adjustments and relocation of their facili ties to conform to the highway construction requirements and the provisions of this Manual. A set of marked prin ts, along with a Utili ty Adjustment Schedule indicating the type of facili ties, the work to be accomplished, the relocation requirements, the staging requirements and the number of calendar days required to complete the utility work, will be returned to the Distric t Office wi thin the time period prescribed by the Department for review and approval. The District Office will send the marked utility prints along wi th the Utili ty Adjustment Schedule to the Design Engineer. The Department ' s Design Engineer will be responsible for incorporating all information into the plans and special provisions. A Utility Adjustment Schedule and instructions for its use are included in the Appendix.
40

B. Contents of Plans - The supporting plans or drawings for the utility relocation or adjustment shall be sufficiently detailed to provide a clear understanding of the work to be done and shall show:
(1) Design Details - The location, length, size and/or capacity, type, class and pertinent operating condi tions and design features of exis ting, proposed and temporary facilities, including proposed changes thereto, and disposition thereof, all by appropriate nomenclature, symbols, legend, notes, colorcoding, etc.;
(2) Relation to Highway Features - The project number, plan scale and date, horizontal and vertical location of the utilities in relation to the highway alignment, geometric features, stationing, grades, s truc tures, proposed and exis ting right-of-way lines, and where applicable the access control lines;
(3) Right-of-Way Requirements - Where applicable, the limits of right-of-way to be acquired from, by or on behalf of the utility; and
(4) Non-reimbursable Work - By appropriate notes or symbols, that portion of the work to be accomplished, if any, at the sole expense of the utility.

4.3 REIMBURSEMENT FOR UTILITY ADJUSTMENTS

A. Authority to Reimburse -

1. Publicly-Owned Facilities

The Georgia Code of

Public Transportation, Section 32-6-170, provi~es

tha t the Department may pay the cos t of remov1ng

and relocating any utility facility owned by a

municipal corporation, county or Sta te agency, or

by an authority created under the laws of the State

of Georgia pertaining to public utilities, when

such removal 'and relocation is made necessary by

the cons truc tion or maintenance of any public road

by the Department. Authorization for payment is

limited to those facilities physically in place and

in conflict with proposed construction and, where

replacement is necessary, to the cost of

replacement in kind. Payment may be made under

this Code Sec tion wi thout regard to provisions of

any existing permits or agreements.

2. Facilities Installed Under Prior Rights - For those

41

installations where the owner is deemed to have prior property rights, the measure of damages for the adjustment or relocation of the utilities is construed to be the net cost (including the cost of replacement right-of-way and proper credits for salvage and accrued depreciation) to restore the func tion of the utili ty, and payment therefor is made in lieu of the market value approach of determining the value of property taken.

3. Federal Policy - Reimbursement on Federal-aid

proj ec ts is governed by FHPM Volume 6, Chapter 6,

Section 3, Subsection 1.

The Department has

adopted the provisions of this FHPM for use and

control on all projects, whether or not Federal-aid

is involved.

B. Conditions Governing Reimbursement -

1. Policy for Department Participation in Utility Costs -

a. Each city, county or local government authority will be requested to adjust or relocate its facilities at its own expense.

b. Local governments will also be responsible for the relocation or adjustment of privately owned utilities on projects both on and off the State Highway System.

c. Any exception to the above general policy on utility relocation or adjustment would be approved by the Commissioner at the time the project is approved in the Program and thereafter at the request of local governments. Exceptions may be considered for extreme hardship cases where costs involving major utility relocations or adjustments are excessive, therefore creating a financial burden for the local government.

d. Adjustments required at railroad grade crossings are to be treated the same as utility adjustments

e. On projects where the local government is

responsible for costs of utility adjustments,

the local government shall provide to the

Department

assurances

that

satisfactory

arrangements and agreements wi th each utili ty

owner have been completed prior to award of the

highway construction contract.

42

2. Cases Eligible for Reimbursement - Where the owners of any public utility are to be reimbursed by the Department as provided in this Section and FHPM Volume 6, Chapter 6, Section 3, Subsec tion 1, for the cost of adjusting their facilities to clear proposed highway work, such adjustments will be classified wi thin the scope of Cases I, II or III as follows:

Case I

Where the utility has right of

occupancy in its existing location

by reason of holding the fee, an

easement or other property

interest.

Application:

The

utility compensable interest in

the lands they occupy can be

defined and supported by a deed,

written easement, or by other

written evidence satisfactory to

the Department in consultation

wi th the S ta te Law Depar tmen t , to

establish that a property right

exists.

Case II

Any utility facilities owned by

governmental subdivisions of the

State,

or

by

authorities

controlled by such subdivisions,

without regard to whether such

facilities

were

originally

installed upon the right-of-way of

a State Highway, county road, or

city street, where such relocation

or adjustment is necessary to

clear proposed work on the State

Highway System.

Case III -

Any utili ty facili ties owned by a

municipali ty, county or statutory

authority which are installed

within the right-of-way of a

street or road under the

jurisdiction

of

the

same

municipality or county prior to

the time such street or road

becomes a part of the State

Highway System and which are

subsequently required to be

relocated

or

adjusted

for

cons truc tion on the Sta te Highway

System.

Application:

In

submitting

claims

for

reimbursement under Case III it

will be necessary to furnish the

43

date when the utili ty was installed and the date that the road or street became a part of the State Highway System.
3. Non-Reimbursable Cases - No utility owner, including poli tical subdivis ions and s ta tutory authorities of the State, will be reimbursed for the cost of adjustment of utility facilities in conflict with highway construction and maintenance where city streets, county roads or State Highways are being widened or improved and the utility facilities were initially installed within the public right-of-way limits of such streets and road, except as provided under Case II or Case III.
C. Determination of Eligibility for Reimbursement -
1. Certificate of Eligibility and Supporting Data Whenever a claim for reimbursement is made by a utili ty, a Certificate of Eligibili ty for Utili ty Reimbursemen t (see Exhibi t 5, Appendix C) mus t be completed. The owner will complete those portions which identify the specific facili ties for which the claim is made and the date and circumstances under which the facilities were installed. Upon review and verification of the information provided by the owner, the Department will assign the Case Number (Par. B.2, above) under which eligibility is established. This Certificate will be attached to and incorporated into the force account agreement.
2. Partial Eligibility - When it is necessary to adjust a utility facility, a portion of which was originailly installed within existing public road or street right-of-way, and a portion of which is located on private right-of-way required to accommoda te the proposed highway cons truc tion, the cost of accomplishing such adjustment will be reimbursed on a percentum basis. An exception may be made when the reimbursable and non-reimbursable work can be readily separated for recordkeeping purposes. In that case, the non-reimbursable work may be covered by permit instead of being included as part of the agreement for reimbursement.
a. As a general rule, for utilities which cross the right-of-way, the prorata share of the total cost of the adjustment which will be eligible for reimbursement will be determined by the ratio of the width of additional right-of-way required for the project to the total width of the original and additional right-of-way. However, when the utility has,
44

at its own expense, installed and protected its facili~ies for the full width of existing right-of-way to accommodate future construction as well as the existing highway, and when such facili ties will remain in place as a part of the utility's permanent operating facility, then the Department will bear 100% of the cost of adjus tment due to the utili ty' s compensable interest in the additional right-of-way required for highway construction.
If addi tional vertical underground or overhead clearance, or other protection, is required within the limits of the existing right-of-way, then such adjustment costs will be ineligible for reimbursement and will be prorated against the total estimated cost of the relocation or adjustment to accommodate the highway cons truc tion. For example, if exis ting poles must be replaced with taller poles, but no relocation is required, then no reimbursement would be due.
b. Where a utility to be relocated is installed generally along the existing right-of-way, but some segments are on private easement, the cost of adjustment may be prorated on the following basis. For underground facilities, such as pipelines or buried cable, the length of facility outside the right-of-way as a proportion of the total to be adjusted, measured in linear feet, may be used. For above-ground pole line facili ties, the number of major support poles outside the existing public right-of-way as a proportion of the total to be relocated may be used.
c. In all cases the utili ty owner may propose a method of prorating costs at the time a detailed estimate of reimbursable costs is prepared. Such proposal will be subj ec t to review and approval by the Department. The State Highway Engineer shall make a final determination of the appropriate ratio of costs to be borne by the utility and the Department. The percentage to be borne by each party shall be included in the written force account agreement required for the utility work and approved by the Department and the Owner.
D. Eligible Costs - When ~he adjustment or relocation of a utility installation 1S deemed to be eligible for reimbursement such reimbursement may include:
45

(1) Preliminary engineering expenses necessary to

review and prepare plans, estimates, drawings,

agreements, and work schedules prior to the time

tha t cons truc tion is authorized.

Where the

utility owner is not adequately staffed to review

plans and prepare estimates as required by the

Department, suth utility owner may be authorized

to employ consul tants to perform such services.

Upon authorization, such consul tant expense shall

be eligible for reimbursement. (See paragraph 4.6,

A, ~or procedures for approval of engineering

serv1ces.)

(2) Construction engineering for surveying and staking of the job site, inspection and supervision of the work, and preparation of any plan changes or change orders which may be required. These services may also be provided by consul tants as
above.

(3) Costs of direct labor, materials, supplies, and equipment required to complete the adjustment or reloca tion, less salvage credi t for any materials removed from the project and credits for any betterment not required by the highway project. The work may be accomplished with the utility's own forces, or by contract upon prior approval of the Department. (Requirements and procedures for approval of contractors are contained in paragraph
4.6, B.)

(4) Cons truc tion related overhead cos ts which can be shown by the records of the utility to be reasonably associated with the project and in accord with its standard accounting procedures and prac tice for assigning overhead expenses to other similar work \vhich the utility undertakes. This
shall not be interpreted as permitting the
arbi trary addi tion of a percentage or amount for assumed overhead costs. Only those overhead costs which are necessary and incident to the performance of the adjustment are eligible for reimbursement.

(5) Right-of-way costs for replacement right-of-way or easements necessary to relocate the utility when such right-of-way is acquired in conformance wi th the Department's acquisition procedures.

(a) The Department acquires the necessary rights-of-way on all projects subject to any easement rights for the installation, operation and maintenance of utili ty facilities which may be outstanding. If the

46

utili ty facili ties installed under authori ty of such prior easement rights do not physically conflict with the proposed highway work there is generally no need for any adjustment of such facilities, and an easement agreement will be executed to make the facilities subject to the Policy and Standards of the Department as described herein.

(b) Where existing utility facilities were

ini tially installed under prior right-of-way

or easement rights, and such facilities are

adjusted within the limits of the

rights-of-way after/or later acquired by the

Department, then the existing prior easement

rights would be transferred to the new

location of such adjusted utility facilities,

except that future operation and maintenance

of the facilities, or installation of any new

facilities

will be subject to the.

Departmentis Policy and Standards. This does

not extinguish the utili ty' s rights, and if

it becomes necessary to adjus t the original

facili ties on future highway work, then the

cost of the subject adjustment may be

eligible for reimbursement on the basis of

those rights and the circumstances which may

then exist.

(c) Where building and other improvements are demolished or removed from the rights-of-way by the owner of the structure involved, or by the ci ty or county under contrac t wi th an independent contractor, the removal or demolition shall include the cost of removing, replacing and/or adjusting utili ty services, such as water, sewer, electrical power, telephone and gas service connections to accommodate the proposed highway cons truc tion. The es timate furnished by the utility owner in connection with the adjustment of utility facilities should not include the cost of changes in service connections when .structures are to be moved as a part of the right-of-way acquisition. Where the demolition of structures is let to contract, the bid price for such demolition shall include the cost of disconnection or adjustment of utility facilities sufficient to allow for such demoli tion including disconnecting and/or capping service lines at the distribution line.

47

E. Basis of Reimbursement -

1. Reimbursement to Represent Actual Costs - It is the

intent of the Department that the owners be

reimbursed for actual costs incurred for the items

specified in paragraph D, above, in connection with

any utili ty relocation or adjustment. Such costs

shall be supported by adequate accounting records

in the owner s files and shall be subject to audit

by the State, and by the Federal Highway

Administration when federal funds are involved.

Guidelines for determining actual eligible costs

shall be those contained in FHPM, Vol. 6, Chap. 6,

Sec. 3, Subsec. 1.

A supplement to these

guidelines, for establishing equipment rates when

cost records are not available, is included in
Appendix "e" as an Al terna te Procedure for

Establishing Equipment Cost Rates Under Paragraph

10f of FHPM 6, 6, 3, 1.

2. Basis of Payment -

a. On projects where the estimated total cost of the work eligible for reimbursement does not exceed $25,000 a lump sum payment may be agreed to. The amount of any lump sum agreement shall be based on a detailed estimate of actual costs.

b. On all other projects final payment shall not be made until the owner has presented a bill covering in detail the actual expenditures under the agreement and such bill has been verified by the Department.

4.4 ACQUISITION OF RIGHT-OF-WAY
A. Determination of Right-of-Way Needs - The determination as to the need for replacement right-of-way for utilities will be made as follows:
(1) The Department will determine what right-of-way is required for cons truc tion of the highway proj ec t and utility facilities will be accommodated within that right-of-way where such accommodation can be accomplished in accordance wi th the Departmen t' s Policy and Standards.
(2) If there is not sufficient space for the utili ty within the right-of-way which will be required for the construction of the project, the District Engineer will notify the utility owner of that

48

circumstance and will obtain a statement as to whether the owner desires that the Department acquire such additional rights-of-way as may be required for utility relocation under the prov1s10ns of the Georgia Code of Public
Transportation, Section 36-6-172.

B. Method of Acquisition

It is desirable that

replacement rights-of-way for utilities be acquired

concurrently wi th acquisi tion of right-of-way for the

highway project.

1 .. Reimbursable Cases

When the utility owner is

entitled to reimbursement for the cost of

acquisition of replacement right-of-way, the

Department will request permission, which must be

obtained in wri ting, to acquire necessary utili ty

right-of-way concurrently with its acquisi tion of

the normal highway right-of-way. If the utili ty

owner has some particular reason for insisting on

acquiring the right-of-way, this will be included

in a Force Account Agreement which will indemnify

the Department from any failure of the utility to

comply with State and Federal laws and regulations

regarding acquisition of rights-of-way.

2. Non-Reimbursable Cases - If the cost of acquisition of replacement right-of-way is not reimbursable, the Department will, at the written request of the utility owner, acquire such right-of-way under written agreement and the utility owner will reimburse the Department for such cost in accordance with the State law. Any acquisition by the Department will comply with all requirements pertaining to the Deaprtment' s acquisi tion of its own right-of-way.

C. Interest to be Acquired - If the utili ty owner agrees

for

the

Department to acquire replacement

rights-of-way, the Department's Office of Right-of-Way

will determine what interest will be acquired and how

to transfer such interest from the Department to the

utili ty owner. The State Right-of-Way Engineer will

notify the District Engineer and the Office of

Utilities as to

his determination regarding the

Department's agreement to acquire the right-of-way and

of what interest he proposes to acquire. The District

Engineer, in turn, will notify the utili ty owner of

that determination and will promptly notify the Office

of Right-of-Way, wi th a copy to the Office of

Utilities, of any exceptions the utility owner may make

to that determination. The State Utilities Engineer

will be responsible for the promulgation of easement

agreements with the Utility Owners after determination

49

by the State Right-of-Way Engineer that such easement agreement is required to complete the rights-of-way acquisition.
4.5 PERFORMANCE OF UTILITY WORK
A. Determination of Method of Performance - Upon completion of utili ty plans, the owner and the Department will reach an agreement as to the method of performance of construction work to adjust or relocate utili ty facili ties. The work may be accomplished by the utility with its own forces; by a continuing contractor who regularly performs similar work for the utility; by the lowest qualified bidder after suitable advertisement by the utility; by inclusion in the highway cons truc tion contrac t to be let by the Department, or some combination of these. The detailed requirements for contracting by the utility are included in paragraph 4.6, B, below, and in FHPM Vol. 6, Chapter 6, Section 3, Subsection 1, and shall be adhered to for all State projects. The method of performance will be stated in the estimate supporting the agreement and written approval of the Department will be required for any change thereof.
B. Policy on Including Utilities in Highway Contracts - In order to minimize construction conflicts it will be desirable in some instances to include utility adjustments in highway contracts when the owners are not equipped or staffed to perform the work and it is otherwise f easible to do so. In general, adjus tmen ts to \-later and sewer facili ties can be readily included in highway contracts, but any utility adjustment may be considered for inclusion if the situation on the highway project warrants such action. Determinations will be made on an individual project basis.
C. Definition of Responsibilities on Highway Contracts When utili ty work is to be included in the highway contract, a clear definition of the requirements of the utili ty owner for approval of the work, and of any rna terials and services to be provided by the owner, will be included in a Memorandum of Understanding. A sample form of a Memorandum of Understanding is included in Appendix C. This form will be initiated by the owner and forwarded to the Dis tric t Office along with the marked utility prints when appropriate. The Department will review the proposed method of performance and, upon approval, execute and return a copy of the Memorandum to the owner. This Memorandum will subsequently serve as the basis of any Special Provisions required in the highway contract.
50

4.6 CONSULTANT AND CONTRACTOR SERVICES
When a utility is not adequately staffed to perform engineering and/or cons truc tion wi th its own forces it shall so notify the Department and the use of consultants and/or contractors may be permitted in accordance with FHPM Vol. 6, Chapter 6, Section 3, Subsection 1. The following procedures shall apply.
A. Consultant Services -
1. Selection of Consultant - The owner will select and secure proposals from qualified firms who perform work for the utili ty or who have otherwise demonstra ted abili ty to perform the required services. The owner will be the sole judge of the qualifications of the selected consultants.
2. Proposal Requirements - Proposals will be prepared substantially in accordance with the following.
a. The proposal will contain a brief but concise resume of the services to be performed with sufficient description of each service so that the scope of the work is clear.
b. The proposal will contain a schedule of rates for each employee classification which is expected to be used in the work, including administrative and clerical personnel whose time may be charged direc tly to any work for the utili ty. A Sugges ted Form for Presenting Engineering Fees is included in Appendix C. Services for preliminary engineering and construction engineering must be itemized separately.
c. If the proposal is to cover services to be provided on a continuing basis, then no total hours or amounts need to be shown. These will be included in individual project estimates.
d. The proposal mus t s tipula te that the charges billed to the utility for engineering services will represent the actual number of hours spent and charged to each project plus the cost of overhead, profit and incidentals actually chargeable to the project.
e. The proposal will further stipulate that all project charges will be supported by the consultant's records and that such records will be made available at his principal place of
51

business and be subject to audit by the Department, and by the FHWA if appropriate, during the life of the project and for a period of at least three years after final payment has been received by the utility company.

3. Department A~proval - The Department's approval of a consultant s proposal and rates will constitute authority for the utility to employ that consultant
to perform engineering services in connection wi th
design and cons truc tion of utili ty relocations and adjustments to accommodate highway construction.

a. Upon submission to the Department of consultant

job classifications and rates, approval may be

given for use of a consul tant on a continuing

basis, as long as the charges by the consultant

on any given project do not exceed $10,000 and

provided the approved schedule of rates does

not change.

Whenever it appears that the

charges on a project will exceed $10,000, the

utility shall obtain prior approval of the

Department before having the consultant proceed

with further work. Any expenditures in excess

of approved limits will be subject to audit

citation and disallowance for reimbursement.

b. When consultants are not used on a continuing basis by a utility, approvals of proposals are required on an individual project basis and will specify the maximum amount to be paid. The approved amount may be exceeded only upon prior approval of the Department.

4. Certificate of Non-Collusion - A Certificate of
Consultant, as shown in Appendix C must be completed and furnished with the Consultant's proposal before approval can be given.

B. Contractor Services -

1. Solicitation of Bids - When reimbursement is to be requested, any contract to perform work in connection with the utility relocation shall be under an award to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications of the work to be performed after an appropriate solicitation for bid.

2. Continuing Contracts - An exception to the bid requirement may be made for work to be performed under an existing, written, continuing contract where it is demonstrated that such work is

52

regularly performed for the utility under such

contract at reasonable costs.

Information

regarding terms of the con trac t mus t be submi t ted

to the Department for review before approval will

be given for its use in reimbursable work on

highway projects.

4.7 PREPARATION OF COST ESTIMATES

A. Estimate Requirements -

1. Itemized Detail - Cost estimates for relocation or adjustment of those utilities deemed eligible for reimbursement shall be prepared by the owner in accordance with the provisions in FHPM Vol. 6, Chapter 6, Section 3 , Subsection 1. Except where unit costs are used and approved, the estimate shall shO\v such details as man hours by class and rate, equipment charges by type, size and rate, materials and supplies by item and price, and payroll additives and other overhead factors, with a statement of what is included in each, and the basis for determining the percentages used. In addition, the estimate shall show the items of work to be performed, including preliminary engineering and cons truc tion engineering, right-of-way, and an itemization of credits for salvage, betterments, and accrued depreciation in sufficient detail to provide a basis for analysis by the Department. A suggested format for a cost estimate to support a u~ility force account agreement is included in Appendix C.

2. Work by Consultants - If a consultant is to be used for preliminary engineering, prior written approval by the State will be required and a Certification of Consultant as required in paragraph 4.6, A, above, mus t be included wi th the es tima te unless previously furnished wi th the Consul tant' s propsosal. Engineering work to be performed by consultant must be separately identified in the estimate.

3. Work by Contract

Any construction work to be

performed by contract must be separately identified

in the cost estimate.

4. Certificate of Eligibility

A Certificate of

Eligibility for Utility Reimbursement shall be

completed by the owner and attached to the cost

estimate. A sample Certificate is included in

Appendix C.

53

B. Review by Department - Plans and estimate will be
reviewed by the Department's District utilities
personnel and design engineer responsible for project plans prior to preparation of a Force Account Agreement by the State Utilities Engineer.

4.8 EXECUTION OF AGREEMENTS

A. Requirements of Agreements - When agreements are

required under the provisions of paragraph 4.1, above,

the State Utili ties Engineer will be responsible for

their preparation. Where reimbursement is to be made

for a utility relocation or adjustment, the Force

Account Agreement must be executed by the owner and the

Department prior to any payment.

The cost of

preliminary engineering for work not subsequently

undertaken and completed may be paid without formal

agreement when the utility owner is eligible for

reimbursement and is authorized by the Department in

wri ting to incur such expenses. The Agreement amount

will be the estimated actual cost to the owner to

complete the relocation or adjustment. The basis of

payment will be actual costs to complete the work,

except that where the estimated reimbursable cost of

the proposed adjustment does not exceed $25,000, a lump

sum agreement and payment may be approved. In ei ther

case the agreement shall be supported by a detailed

estimate as described in paragraph 4.7 and by plans as

described in paragraph 4.2.

B. Preparation of Agreement - After approval the Department's design engineer will transmit the utility plans and the District Utilities Engineer will transmit the detailed estimate covering the adjustment of existing utility facilities in conflict with highway construction to the State Utilities Engineer for the preparation of the required agreements in accordance with paragraph 4.1, above.

C. Departmental Reviews and Approval - Contracts and

agreemen ts wi 11 be reviewed by the Director of

Operations and approved by the Deputy Commissioner.

When deemed appropriate, the prior concurrence of the

State Right-of-Way Engineer and/or the Attorney General

of Georgia may be required.

It will be the

responsibility of the State Utilities Engineer to

obtain these required recommendations and present them

to the Deputy Commissioner, along with the contract or

Force Account Agreement, for approval before execution

on behalf of the Department.

D. FHWA Approval

The State Utilities Engineer will

certify to the Commissioner that contracts or force

54

account agreements are in accordance wi th policy, and state and federal laws or requirements, and will obtain Federal Highway Adminis tra tion approval when required. In the event the Federal Highway Administration questions any portion of the utility plans, estimate or agreement, the State Utili ties Engineer will coordinate with the appropriate design office or District Engineer, as the case may be, to resolve any differences and obtain Federal Highway Administration approval, or recommend other appropriate action to the Commissioner.

E. Change Orders

Any time during the course of the

relocation or adjustment work, when it becomes apparent

that substantial change in plans or quantities will be

required, or that the actual cost of the work will

exceed the amoun t of the. agreement, a wri t ten change

order may be prepared and executed by the Department.

1. Owner Responsibility

If the work is being

performed by the utility or its contractor, then it

shall be the responsibility of the utility to

notify the Department of the need for a change

order and to obtain verbal approval (which will be

confirmed in wri ting) prior to proceeding wi th any

work or expenditures not in accord with the

agreement.

2. Department Responsibility - If the work is being performed by the Department's contractor, then it shall be the responsibility of the Department to initiate a Change Order, and Supplemental Agreement if required, to cover any changes in the work.

4.9 AUTHORIZATION TO INCUR COSTS

A. Requirement for Written Authorization - Payment will

not be made to any utility for any work or expenses

incurred prior to written authorization from the

Department to proceed. For preliminary engineering

this authorization will be included in the request for

plans and es tima tes. Construction authoriza tion will

normally be given after the Force Account Agreement has

been fully executed.

For work which can be

accomplished in advance of highway construction,

authorization will be given as soon as the agreement is

signed, funds have been allotted, and a date is

established for the highway contract letting. Where

the utili ty work is contingent on work by the highway

contrac tor, authorization will be wi thheld until the

highway contract is awarded.

When necessary to

expedite utility relocations and avoid interference

wi th highway cons truc tion, a condi tional authorization

55

may be issued prior to execution of the Force Account Agreemerit. In those cases, a final, unconditional authorization will be given after the agreement is signed. In no event will reimbursement be made prior to completion of a written, signed agreement.
B. FHWA Approval - Federal Highway Administration approval of plans, estimates, agreements and authorization will be required on those classes of federal-aid projects for which the State's certification acceptance procedures have not been approved or do not apply.

4.10 CONSTRUCTION NOTIFICATION AND COORDINATION

A. Notice of Highway Contract Award - All utili ty owners

having facilities within the highway project limits

will be notified by the Department, when the

cons truc tion proj ec t is advertised for bids and

direc ted to proceed wi th any necessary relocation or

adjustment of their faciltiies to clear the

cons truc tion proj ec t in accordance wi th their approved

plans and work schedule. Notification will also be

given to the utilities by the Department when the

cons truc tion contrac t is awarded. This second notice

will give the utility owner the highway contractor's

name and reemphasize the need to complete utility

adjustments or relocations.

Provisions for

coordination and cooperation between the utility and

the highway contractor are included in the Department's

Standard Specifications in Articles 105.06 and 107.21.

In addition, special provisions for coordination may be

included in the highway contract and/or the utility

Force Account Agreement.

B. Preconstruction Conference - It is the practice of the Department to convene a preconstruction conference with the highway contrac tor prior to the beginning of work on each project. Utility owners will be notified of this conference and expected to attend. The expense of attendance may be billed as preliminary engineering if utility construction work has not been authorized, or as construction engineering if so authorized, on those ins tallations which are reimbursable. In all cases the utility shall cooperate fully with the Department and the highway contractor to minimize conflict with highway construction.

C. Notice to Department by Utility - The Department will furnish the utili ty the name of the engineer to be in charge of work under the force account agreement and the utility shall notify the named engineer prior to beginning any construction activities and prior to resuming work if construction activities are not

56

continuous. Failure to notify the engineer-in-charge will jeopardize payment on reimbursable work since any work performed wi thout notification will be cited and deduc ted from the final bill. Also, failure to properly locate facilities in reference to alignment and grade for the project as established by the engineer may resul t in having to move facili ties a second time.

4.11 BILLING AND PAYMENT

A. Progress Bills

Periodic progress bills may be

submitted to the District Engineer.

1. Frequency Except for lump sum agreements, the
utility may submit progress bills not more often than one each month nor in amounts less than $100.

2. Method of billing - Progress bills that exceed 80% of the amount of the agreement, including any approved change orders, or that exceed $40,000 must
be itemized. Bills for amounts below these limits may be computed by multiplying the estimated
percentage of work completed by the total amount of the agreement.

3. Payment - Itemized progress bills shall be paid in full promptly upon verification. On progress bills not itemized, retainage of 10% of the amount billed
shall be withheld until all work is completed and an itemized final bill is received.

B. Final Bills - The final billing by the utility shall be
a complete and detailed summary of all expenses incurred in the relocation. Such final bills must
follow the detailed estimate supporting the contract or force accoun t agreemen t as to i terns of labor, equipment, materials, and appropriate credits for
salvage and accrued depreciation. Bet terment credi ts will be reflected on the final bills in accordance with the original agreement as amended by approved change
orders. No summary or lump sum billings, except as may be provided for in the force account agreement, will be acceptable as a final statement of cost. Furthermore, reimbursement cannot be made for any i terns not
contained in the original agreement as amended by any approved change orders.

C. Certification of Final Costs - Final bills for other than lump sum agreements shall contain a certification,
by an appropriate officer of the utility, that all items billed reflect actual expenditures by the Company
for the relocation or adjustment of its facilities. An

57

acceptable form of certification follows:

"This is to certify that the cos ts for labor,

equipment,

materials,

supplies,

contractor

payments and other i terns included in this final

bill reflect actual expenses incurred by the

Company for the relocation and adjustment of its

facilities under the force account agreement for

which the bill is submitted and that records to

support all charges are on file in the Company's

offices at (address)."

D. Audit by Department - Invoices, time sheets, and other
source documents supporting the utility's work performed under a force account agreement or contract with the utility will be subject to an audit by the Department to determine or validate the actual eligible cost of the relocation as provided for herein.

4.12 DOCUMENTATION OF COSTS

A. Detailed Records Required - The utility shall maintain

an accounting system adequate to support and document

all expenses claimed for reimbursement under the Force

Account Agreement. As a minimum the requirements of

FHPM Vol. 6, Chapter 6, Section 3, Subsection 1, shall

be met.

As a supplement to the FHPM, a set of

"Guidelines

for

Documentation

of Preliminary

Engineering Cost for Utility Adjustments and

Relocations" is included in Appendix C.

B. Retention of Records - All records and accounts shall be subj ec t to audi t by the Sta te and, on Federal-aid projects, by the Federal Government during the progress of construction and for a period of not less than three years from the date final payment is received by the utility.

4.13 ADVANCE INSTALLATION
Where the advance installation of new utility facilities, crossing or otherwise occupying the proposed right-of-way of a future planned highway project, is either underway, or scheduled to be underway, prior to the time such right-of-way is purchased by, or under control of, the Department, arrangements shall be made for such facili ties to be installed in such a manner that will meet the requirements of the future planned highway project. Additional costs incurred by the utility that are attributable to and in accommodation of the planned highway project, and outside the existing public road

58

right-of-way, shall be eligible for reimbursement. For example, such addi tional costs may include the cost of providing higher poles or longer spans, encasement of cable or pipes~ additional length of facilities and the I ike, that are needed to protect the planned highway and its safe operation, and which otherwise would not be required by the utility for its own operation.

4.14 JOINT USE OF UTILITY FACILITIES

A. Policy on Joint Use - On projects which include traffic

signals, overhead directional signs, or other traffic

control devices which are suspended over the roadway,

it is frequently necessary to situate poles where

utility poles are already located and where addition of

more poles to accommodate highway facilities would

result in more fixed objects and congestion. In many

cases it is practical to utilize existing utility poles

for the purpose of supporting these highway facilities,

thereby reducing or eliminating the necessity for

ins talla tion of addi tional poles.

When it is

determined that existing utility poles can be used, o~

where poles can be relocated or changed so that they

will serve the purpose, and if such adjustment is more

economical or otherwise more desirable than installing

new poles, then such option may be used at the

discretion of the Department.

B. Policy on Reimbursement - When it is determined to be

in the public interest to use utility poles to support

highway facilities, and any adjustments, such as

reloca tion or replacement wi th higher

or stronger

poles, are required solely for this purpose, then the

cost of such adjustment may be reimbursed under an

agreement between the Department and the utility.

C. Pre-Construction Procedures

Coordination of plans,

estimates, and agreements for joint-use facilities will

be handled through the District Office of the

Department in the same manner as other utility

adjustment matters.

D. Construction Requirements -

1. Contract Work - On joint-use projects which are to be let to contract by the Department, the Department will include a Special Provision in the contract requiring its contractor to carry insurance for protection of utility interests (See example in Appendix C).

2. Work by Local Government - If the actual work on joint-use facilities is to be done by a local

59

governmental agency under contract with the Department, the local government will be required to make any arrangements for the joint use of utility poles,. except that reimbursement to the utili ty for any eligible expenses would be paid by the Department.
E. Maintenance - The governmental agency which will be responsible for maintaining the joint-use facility will be responsible for arranging for access and coordination of maintenance work with the utility.
4.15 INSTALLATIONS TO SERVE A HIGHWAY PURPOSE
The Department may participate in the cost to install facilities such as lighting, water, electric power, gas and telephone service to serve a highway purpose where the ownership of such facilities is to remain with a utili ty company when it is found to be in the public interest. Participation shall be limited to the actual cost of new facilities installed or betterments required, less appropriate credit for anticipated new revenue to be derived from the service installation. The credit to be given shall be in accordance with the utility's policy for extending like service to its other customers. The agreement under which such costs are reimbursed shall be prepared in the same manner as other force account agreements for utility adjustments, as described in this Chapter. Such agreement shall provide assurances that the utility will:
(1) Adequately maintain such facilities and Qaintain continuous quality services;
(2) Record the cost of such facilities as a contribution by the State and maintain related accounting records in accordance with applicable provisions of the Uniform System of Accounts prescribed by the Federal Energy Regula tory Commiss ion, its equivalen t or successor;
(3) Eliminate from the rate determination process (a) the original cost to the State of all such facilities and (b) the corresponding current and cumulative depreciation amounts; and
(4) Relinquish ownership and possession of all such facilities to the Department should the utility either go out of business or be sold to another company unwilling to abide by the terms of the agreement.
60

s. UTILITY ACCOMMODATION
STANDARDS AND
SPECIFICATIONS

CONTENTS

Chapter 5 UTILITY ACCOMMODATION STANDARDS AND SPECIFICATIONS Page

5.1 General Considerations and Controls

65

A. Location of Facilities Within the Right-of-Way

65

1. Protection of service

65

2. Longitudinal installations

65

3. Highway-crossing installations

65

4. Use of drainage culverts prohibited

65

5. Clear roadside areas

65

6. Preservation of safety, visual quality

65

and maintenance efficiency

B. Location of Facilities Outside the Right-of-Way

66

C. Clearing and Trimming on State Right-of-Way for

66

Facilities Outside the Right-of-Way

D. Design of Utility Facilities

66

1. Responsibility for design

66

2. Governing codes

67

3. Design criteria for pipelines

67

4. Appearance requirements

67

5. Materials requirements

68

6. Provision for expansion

68

E. Preservation, Restoration and Cleanup

68

1. Disturbed Areas

68

2. Drainage

68

3. Vegetative Management on the Right-of-Way

68

F. Safety and Convenience of Traffic

78

1. Control of traffic

78

2. Servicing, maintenance and repairs

79

3. Closing of trenches

79

4. Storage of materials

79

G. Scenic Enhancement, Areas for Special Protection

79

1. Underground installations

79

2. Overhead installations

80

3. Highway service facilities

80

61

CHAPTER 5 CONTENTS (Continued)
5.2 Pipelines
A. Location and Alignment
1. Considerations 2. Controls for locating pipelines
B. Bury
1. Definition and consideration 2. Controls for bury
C. Encasement
1. Definition 2. Controls for encasement 3. Controls for uncased carriers
D. Controls for Hazardous Transmittants
1. Cathodic protection 2. Encasement 3. Markers
E. Controls for Appurtenances
1. Vents 2. Drains 3. Markers 4. Manholes, vaults, and hand holes 5. Fire hydrants 6. Shut-off valves
F. Installation Methods and Controls
1. Trenched construction and backfill 2. Pavements Cuts 3. Un trenched construction
5.3 Underground Power and Communication Lines
A. General Controls
1. Applicable pipeline controls 2. Location of facilities 3. Appurtenances 4. Encasement
62

Page
80
80
80 81
81
81 83
83
83 85 85
86
86 86 87
87
87 87 87 88 89 89
89
90 91 95
98
98
98 98 98 99

CHAPTER 5 CONTENTS (Continued)
B. Direct Burial 1. General Considerations 2. Controls

Page
99
99 99

5.4 Utility Tunnels and Bridges

101

A. General Considerations

101

B. Controls

101

1. Tunneling specifications

101

2. Isolation of hazardous materials

101

5.5 Adjustment for Underground Facilities on Highway 103 Construction

5.6 Overhead Power and Communication Lines

103

A. General Considerations

103

B. Controls for Overhead Facilities

104

1. Type of construction

104

2. Clearances

104

3. Longitudinal installations

104

4. Highway crossings

106

C. Communication Cables Crossing Freeways

107

D. Power Transmission Lines

107

5.7 Installation on Highway Structures

108

A. General Considerations

108

B. Controls for Bridge Attachments

108

1. Structural and design requirements

108

2. Clearances

109

3. Aesthetics

110

4. Restoration

110

5. Encasement

110

6. Cathodic protection

111

7. Shut-off valves

112

C. Controls for Utilities Near Highway

112

Structures

63

CHAPTER 5 CONTENTS (Continued)
5.8 Irrigation and Drainage Facilities
5.9 Public Telephones A. General Requirements and Controls B. Interstate and Limited-access Highways C. Highways in Rural Areas D. Urban Streets E. Signs

Page 112
113 113 113 114 114 114

64

CHAPTER 5 UTILITY ACCOMMODATION STANDARDS AND SPECIFICATIONS

5.1 GENERAL CONSIDERATIONS AND CONTROLS

A. Location of Facilities Within the Right-of-Way

1. Protection of Service - Utili ty facili ties are to be located to minimize need for later adjustment to accommodate future highway improvements and to permi t access for servicing such facili ties wi th minimum interference to highway traffic.

2. Longitudinal

Installations

Longitudinal

installations are to be located on uniform

alignment as near as practical to the right-of-way

line so as to provide a safe environment for

traffic operation and preserve space for future

highway

improvements

or

other

utility

ins talla tions. Underground pipeline ins talla tions

are not to be located within the pavement or

between the edge of pavement and the di tch or toe

of front slope except where no other practical

alternative exists and a special request for

exception is submitted to and approved by the State

Utilities Engineer.

3. Highway Crossing Installations

To the extent

feasible and practicable, utility line crossings of

the highway shall cross on a line generally normal

to the highway alignment.

4. Use of Drainage Culverts

Installation of

underground utility facilities in highway drainage

culverts shall be prohibited.

5. Clear Roadside Areas - The horizontal and vertical location of utility facilities within the highway right-of-way limits shall conform with the clear roadside policies applicable for the system, type of highway, and specific condi tions for the particular highway section involved. Above ground utility facilities are a form of roadside obstacles, and their location must be consistent with the clearances applicable to all roadside obstacles for the type highway involved.

6. Preservation of Safety, Visual Quality and Maintenance Efficiency - Full consideration shall be given to the measures, reflecting sound engineering principles and economic factors, necessary to preserve and protect the integrity and visual quality of the highway, its maintenance efficiency, and the safety of highway traffic.

65

B. Location of Facilities Outside the Right-of-Way - The policy of the Department is to permi t and encourage utili ties to locate wi thin the right-of-way in cases where they can be safely accommodated. However, there is a tendency by some utilities to install their facilities parallel to, but just outside the highway right-of-way. When the utility company chooses to locate their facili ties outside the right-of-way the Department encourages utility companies to achieve maximum setback of their facilities. (See 5.6, B, 4.)

C. Clearing and Trimming on State Right-of-Way for Facilities Outside the Right-of-Way - The Department will not permit clearing and trimming of its right-of-way for construction and maintenance of new utility installations located outside the right-of-way unless the utility owner agrees to share in the cost to reloca te the facili ties when relocation is necessary for road improvements.

1. The share of relocation cos t to be paid by the utility owner shall be determined by the proportion of clearing and trimming required within the right-of-way as compared to the total width of clearing and trimming required for the facility.

2. A written permit (DOT 413) will be required to cover necessary clearing and trimming. The permit drawings shall clearly show the width to be cleared on the right-of-way. The width shall be stated in a Special Provision in the permit. The agreement to share in the relocation costs shall be in writing and also included as a Special Provision to the permit.

3. Permits will not be approved for clearing and

trimming for lines to be located outside the

right-of-way in locations where projects are

planned or programmed which would conflict with the

utili ty facili ty. In such cases the owner should

be encouraged to provide sufficient setback to

clear the anticipated road construction.

The

utility will be required as a minimum to setback

far enough so that no clearing or trimming is

required on public right-of-way.

D. Design of Utility Facilities -

1. Responsibility for Design - The utility company shall be responsible for the design of the utility facili ty to be ins taIled wi thin the highway rights-of-way or attached to a highway s trueture. The Department shall be responsible for review and

66

approval of the utility's proposal, particularly the manner in which the utili ty facili ty is to be installed.

2. Governing Codes - Except where a higher degree of protec tion is required by the permi t Special Provisions, by indus try or governmental codes, or by laws or codes of the public authority having jurisdiction over the utility, all utility installations on, over, or under the right-of-way of a highway and utility attachments to highway structures shall, as a minimum, meet the following requirements:

a. Electric power and communication facilities
shall conform with the National Electrical Safety Code, current edition.

b. Water lines shall conform with current
specifications of the American Water Works Association and the Department's Standard Specifications.

c. Pressure pipelines shall conform with the
current applicable sections of ANSI Standard Code for Pressure Piping of the American National Standards Institute, the Code of Federal Regulations, Parts 192, 193, and 195, and applicable industry codes.

3. Design Criteria for Pipelines -

a. Pipelines located in casing, galleries or utility tunnels are to be designed to withstand expected internal pressure and to resist internal and external corrosion; and, in addi tion, uncased buried pipelines are to be designed to withstand external pressure.

b. The Department will review plans and specifications only to determine that the roadway will not be damaged. The owner will be responsible for design to satisfy code requirements and soil pressures, including those imposed by boring or jacking.

c. Joints of carrier line pipes operating under pressure shall be of mechanical lock-joint or welded leak-proof type of construction.

4. Appearance Requirements

Ground-mounted utility

facilities are to be of a design compatible with

the scenic quality of the specific highway section

being traversed.

67

5. Materials Requirements - All utility installations on, over or under highway rights-of-way and attachments to highway structures are to be of durable materials designed for long life expectancy and relatively free from routine servicing and maintenance. Use of asbestos cement pipe will not be permitted.

6. Provisions for Expansion - On new installations or adjustments of existing utility lines, particularly those located underground or attached to bridges, provisions shall be made for known or planned expansion of the utili ty facili ties. They are to be planned so as to avoid interference with highway traffic when additional overhead or underground lines are installed at a future date.

E. Preservation, Restoration and Cleanup -

1. Disturbed Areas - The size of the dis turbed area

during installation shall be kept to a minimum.

Construction methods are to be in accordance with

the Department's specifications and special

provisions in the permi t or occupancy agreement.

Unsatisfactory restoration work shall be promptly

corrected by the utility.

If necessary,

unsatisfactory restoration work will be corrected

by the Department and its cost billed to the

utility company.

2. Drainage - Care must be taken in utility installations to avoid disturbing existing drainage facilities.

3. Vegetative Management on the Right-of-Way Cutting, trimming, and spraying with selective herbicides on the highway right-of-way is prohibi ted unless specific permission is given by the Department.

a. Cutting and trimming of trees and shrubs

growing on the highway right-of-way shall be

held to the minimum required for installation

and preservation of utili ties. Generally, the

maximum amount of clearance allowed from the

facility is 10 feet.

Lesser amounts of

clearing will be allowed in environmentally

sensitive areas. Cutting of specimen trees

will be allowed only in special cases by the

Department. Specimen trees are large trees or

desirable trees.

b. Bush hogging will be allowed in areas where it

68

is done on a frequent enough basis to avoid unsightly cut tings. Normally, bush hogging is not appropriate when the diameter of the cut tings exceeds 3 inches. When bush hogging is allowed, right-of-way cleanup will be expected if the cuttings are unsightly.

c. In areas where utili ties cross roads, on both old and new projects, vegetative treatment by the utility company will be done so the crossing does not appear as an abrupt change in the roadside vegetation, but rather, whatever is done wi 11 bl end in wi th the Depar tmen t ' s Mowing Standards and Patterns. (See Mowing Standards and Drawings 1 thru 8, Figure 1.)

Possible Treatments:

(1) Selective clearing.

(2) Topping.

(3) Removal of undesirable species and replanting with desirable species.

(4) Ground preparation and grassing plus regular mowing (See frequency of mowing section in Department's Mowing Standards.)

(5) Bush hogging.

(6) Planting of buffer strip.

(7) Combination of above.

Considering the above choices, the Department's

Dis tric t Engineer and the appropriate Utili ty

Company representative will determine what is

to be done.

Proposed treatment will be

declared satisfactory and acceptable to the

Department.

d. In areas where utilities parallel roads, on

both old and new projects, vegetative treatment

by the utili ty company will be done in such a

manner that whatever is done, does not detract

from the natural beauty of the roadside, does

not appear as an abrupt change in the roadside

vegetation Department

t

s

but rather, will blend in Mowing Standards and

with the patterns.

(See Mowing Standards and Drawings 1 thru 8,

Figure 1.)

Possible Treatments:

(see c. above)

69

IF UTILITY IS OUT OF "-SIGHT FROM ROADWAY,
ANNUAL BUSH HOGGING OR GRASS AND MOW

THE DEPARTMENT MOWS

-...J

THESE RIGHTS OF WAYS

o

AT LEAST ONE TIME

ANNUALLY FROM R/W TO

R/W. SELECTI VE

CLEARING WHERE

POSSIBLE, PERMITS

SOME PLANTS TO REMAIN

WITHIN THIS AREA AND

WITHIN MOW LIMITS.

. VEGETATION TREATMENT 2~Lane Roadway - Plan View

SELECTIVE CLEARING TOPPING REMOVAL OF UNDESIRABLE
SPECIES AND REPLANT WITH DESIRABLE SPECIES GROUND PREPARATION AND GRASSING PLUS REGULAR MOWING BUSH HOGGING PLANTING BUFFER STRIP COMBINATION OF ABOVE
Figure 1 Drawina 1

VEGETATION TREATMENT
2-Lane Roadway - Cross Section 100 Ft. R/W or Less

Figure 1 Drawing 2

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2.lANt
100' J;IV 6ND L!:'~

SHRUBS, ~
SMALL TREES BX. 1. WAXMYRTLE 2. DOGWOOD 3. RED BUD 4.CRAB APPLE 5. MOUNTAIN LAUREL POSSIBILITIES: 1. SELECTIVE CLEARING 2. TOPPING 3. BUSH HOGGING 4. GRASS &MOW

.~

VEGETATION TREATMENT 2-Lane Roadway - Cross Section
More Than 100 Ft. R/W

1-

~~~~ *l~I:p:. 1'-U'N 0;.01

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A. REGENERATION: NO CUTTING

B. REGENERATION: SELECTIVE CLEARING AND/OR

TOPPING AS DIRECTED BY THE DOT ENGINEER.

A CLEARED AREA 12 to 15' IN WIDTH TRAVERSING

THE O.H. UTILITY IS PERMISSIBLE IN THIS AREA

FOR EQUIPMENT ACCESS. HOWEVER, THIS ROAD

MUST ZIG-ZAG AS OPPOSED TO BEING TANGENT TO

UTILITY LINE.

.

C. RETAIN ALL SMALL GROWING SPECIES -

BX. DOGWOOD, REDBUD, MTN. LAUREL,

PALMETTO, WAX MYRTLE, SOURWOOD, ETC.

Figlire 1

Figure 1 Drawing 4

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VEGETATION TREATMENT
Interstate Crossing

~ - \)

-

"D"lBllmES:

SELECTIVE CLEARING

I

TOPPING

REMOVAL OF UNDESIRABLE

SPECIES AND REPLANT

WITH DESIRABLE SPECIES

GROUND PREPARATION AND

GRASSING PLUS

REGULAR MOWING

B.USH HOGGING

PLANTING BUFFER STRIP

COMBINATION OF ABOVE

e:><-l&nNL:>

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POSSIBILITIES:

SELECTIVE CLEARING TOPPING REMOVAL OF UNDESIRABLE
SPECIES AND REPLANT WITH DESIRABLE SPECIES GROUND PREPARATION AND GRASSING PLUS REGULAR MOWING BUSH HOGGING PLANTING BUFFER STRIP COMBINATION OF ABOVE

VEGETATION TREATMENT Interstate Crossing

Figure 1 Drawing 5

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REMOVAL OF UNDESIRABLE SPECIES AND REPLANT

NO PLANT REMOVAL NO SIDE SHEARING TO BE VISIBLE FROM ROADWAY

"-

WITH DESIRABLE SPECIES GROUND PREPARATION AND

GRASSING PLUS REGULAR

MOWING

BUSH HOGGING PLANTING BUFFER STRIP

COMBINATION OF ABOVE

VEGETATION TREATMENT 4-Lane Highway - Plan View

Figure 1 Drawing 6

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Vb.I'IAClU:

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VEGETATION TREATMENT

A. REGENERATION: NO CUTTING B. REGENERATION: SELECTIVE CLEARING AND/OR
TOPPING AS DIRECTED BY THE DOT ENGINEER. A CLEARED AREA 12' TO IS' IN WIDTH TRAVERSING THE O.H. UTILITY IS PERMISSIBLE IN THIS AREA FOR EQUIPMENT ACCESS. HOWEVER, THIS ROAD MUST ZIG-ZAG AS OPPOSED TO BEING TANGENT TO THE UTILITY LINE. C. RETAIN ALL SMALL GROWING SPECIES:
BX. DOGWOOD, REDBUD, MTN. LAUREL, PALMETTO, WAX MYRTLE, SOURWOOD, ETC.

4-lane Highway - Cross Section With Median

Figure 1 Drawing 7

VEGETATION TREATMENT 4-Lane Highway - Cross Section
No Median

Figure 1 Drawing 8

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.1 ,

,

r;. 1" t.N.Jt I NO !Ac:D1~N

T

e. In areas where utilities parallel roads and where there is ample space every effort should be made to screen the utility from the road.

f. Clean-up

Anywhere vegetation is cut by the

utility and the cut trees, shrubs, limbs, etc.,

pose a potential problem to the integrity of

the roadway, i.e., threaten drainage structues,

etc., or if such cut trees and shrubs would

appear unsightly from the roadway, the utili ty

company will be required to remove ei ther by

hauling or chipping.

F. Safety and Convenience of Traffic -

1. Control of Traffic - Traffic controls for utili ty

construction and maintenance operations shall

conform with the Manual on Uniform Traffic Control

Devices for Streets and Highways.

Individual,

written traffic control plans will be required for

each utility operation within the right-of-way

unless a written general plan has been approved by

the Department for use by a company and its

contractors.

Such approvals will generally be

limited to large companies with statewide

opera tions or to s ta tewide associations on behalf

of their members. All such approvals will be

subj ec t to periodic review and updating as may be

required. Any company which habitually fails to

abide by a general plan for which it has been

approved will be required to submit individual

traffic plans for each work si te. When a general

plan of traffic control has been approved for use

by a company, their routine maintenance and

emergency work may be performed with telephone

notification to the Department only as required by

this manual. Traffic control plans are to be

provided to work crews prior to beginning any work

on the right-of-way.

All construction and

maintenance operations are to be planned with full

regard to safety and to keep interference with

traffic to an absolute minimum.

On heavily

traveled highways, construction or non-emergency

maintenance operations interfering with traffic

shall not be allowed during periods of peak traffic

flow. All work shall be planned so that closure of

intersecting streets, road approaches, or other

access points is held to a minimum. It shall be

the responsibili tiy of the utility owner to notify

property owners when private driveways are to be

cut and to provide temporary measures to maintain

access during construction. Stone or cold mix may

be used temporarily. Plating may also be required

on commercial driveways.

78

2. Servicing, Maintenance and Repairs

All utili ty

facilities shall be kept in good state of repair

both structurally and from the standpoint of

appearance.

3. Closing of Trenches - Whenever open trenching is required for the installation or maintenance of facili ties wi thin the right-of-way, the work shall be so scheduled tha t not more than 500 feet of trench shall be open at anyone time. More restrictive controls may be imposed where condi tions warrant. Insofar as possible work shall be scheduled so that open excavations will not be left overnight. Where trenches or pi ts are wi thin the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized or lighted barricades as appropriate and as directed by the Engineer.

4. Storage of Materials - The storage of materials on the right-of-way within the clear roadside area is prohibi ted, except upon specific approval of the Department's supervising engineer when no other prac tical al terna tive exists. When such approval is given special safety precautions may be necessary for the protection of highway traffic. Such precautions will be stipulated in the Permit or in the separate approval. Storage of materials outside the clear roadside area shall be temporary only, for a sufficient duration to facilitate their incorporation into the construction which shall be expeditiously pursued.

G. Scenic Enhancement: Areas for Special Protection - The

type and size of utility facilities and the manner and

extent to which they are permitted within areas of

scenic enhancement and natural beauty can materially

alter the scenic quality, appearance, and view of

higwhay roadsides and adjacent areas.

Such areas

include scenic strips, overlooks, rest areas,

recreation areas, and the rights-of-way of sections of

highways which pass through public parks, recreation

areas, wildlife and waterfowl refuges, and historic

si tes. Utili ty ins talla tions wi thin all such strips,

overlooks and areas of rights-of-way shall be avoided

except as follows:

1. Underground Installations - New underground utility ins talla tions may be permi t ted wi thin such strips, overlooks and areas of right-of-way where they do not require extensive removal or alteration of trees visible to the highway user or do not impair the appearance of the area.

79

2. Overhead Installations - New overhead (aerial) inst"allations of communications and electric power lines are to be discouraged at such locations. However, overhead (aerial) installations of electric power lines may be permitted upon the following conditions:
a. Where other utility locations are not available, or are extremely difficult and unreasonably costly, or are less desirable from the standpoint of scenic appearance.
b. Where the placing of the utility underground is not technically or economically feasible or is more detrimental to the scenic appearance of the area.
c. Where the proposed installation can be made at a location and in a way that will not significantly detrac t from the scenic quali ty of the area being traversed and can be suitably designed, and materials used, to give adequate attention to aesthetic values.
3. Highway Service Facilities - Utili ty installations tha t are needed for a highway purpose wi thin an area of scenic enhancement" such as for continuous highway lighting, to serve a weigh station, rest or recreational area, shall be located and designed in the same manner as above.

5.2 PIPELINES

A. Location and Alignment -

1. Considerations - From the highway viewpoint, there

are several reasons for advocating pipeline

crossings generally normal to the highway

alignment. Oblique highway crossings have several

obj ec tions:

they increase interference wi th

highway traffic during cons truc tion; are more

likely to conflict wi th other highway facili ties;

upset distribution of live loads to the subgrade

and across joints in the pavement; and leave more

conspicuous patches in the pavement to be repaired

if the backfill subsides.

From the utility viewpoint, normal crossings may introduce bends outside the highway which reduce efficiency in transmission of liquid or gas. However, oblique alignment of an untrenched new pipeline crossing adds considerably to the cost, acting as an economic control.

80

2. Controls for Locating Pipelines

The following

controls are applicable to the loca tion and

alignment of pipeline installations.

a. The angle of crossing shall be normal, or

nearly so, for pipelines 6 inches or less in

diameter and for trenched pipelines cutting any

part of the roadway. For all other crossings,

the angle of crossing should be based on

economic

considerations

of

practical

alternates.

b. Conditions which are generally unsuitable or
undesirable for pipeline crossings are to be avoided. These include locations in deep cuts; across cuts and fills on steep slopes; near
footings of bridges and retaining walls; across intersections at grade or ramp terminals; at
cross drains where flow of water, drift or streambed load may be obstructed; within basins
of an underpass drained by a pump if pipeline carries a liquid or liquefied gas; and in wet
or rocky terrain where it will be difficult to provide minimum bury.

c. On

longi tudinal

installations,

utili ty

locations parallel to the pavement at or

adjacent to the right-of-way line are

preferable so as to minimize interference wi th

highway drainage, the s true tural in tegri ty of

the traveled way, shoulders and embankment, and

the safe operation of the highway. As a

minimum, their lateral location shall be 3 feet

or more beyond the slope, ditch, or curb line,

as may govern.

d. All locations shall be reviewed by the Engineer
to insure that the proposed utility installation will not severely interfere with existing or planned highway facilities or with highway maintenance and operation.

B. Bury-

1. Definition and Considerations - Depth of bury is

defined as the vertical distance from the top of

pipe to a specified surface. For pipes installed

in trenches, bury is the depth of cover. Commonly

specified surfaces are the top of pavement, natural

ground, bottom of a borrow ditch, or the invert or

flow line of drainage ditches.

A protective

coa ting is considered part. of the pipe. When the

carrier is encased, bury is measured from the top

81

RIGHT OF WAY
AOWAY-STRUCTURE
RDADW6.Y PAVEMENT

CASING

--- -""'" ----= -""" --=---- ===- ~

.,

I

(a) ENCASEO C~OSS'NG

RIGHT OF WAY SU8BASE
p
(b) UNCASED CROSSING
DEPTH OF BURY
Figure 2 82

of the casing (See Figure 2.).

The critical

control for bury on a pipeline crossing is the low

point in the highway cross section. Usually this

is the bottom of the longitudinal ditch. In

establishing the depth of bury below an unpaved

ditch, allowances must be made for potential

increases in ditch depth resulting from scour,

di tch maintenance operations or the need to

increase the capacity of the ditch.

On

longitudinal installations the critical controls

for bury are usually the depths of lateral drainage

facilities, landscaping, buried cable, bridge

structures, and likely highway maintenance

operations.

The depth of bury should be sufficient so that the liquid transmitted will not freeze. Also, the depth should be sufficient to withstand the greatly increased impact loads transmitted through the frozen soi I, pavement, or other densely compacted overlays above the pipe.

2. Controls for Bury -

a. The grade of top of pipe wi thin the highway right-of-way shall be established as follows to provide minimum bury: under pavement surface 4 feet; under other surfaces, including unlined ditch - 3 feet; under sidewalk, paved ditch or ditch gutter - 2 feet (See Figure 2.).

b. For flexible pipe under pavement, minimum bury shall be 4 feet or the outside diamet-er of pipe, whichever is greater.

c. Where less-than-minimum bury is essential to avoid other conflicts, rock excavation or the laying of pipelines below the permanent water table, the top of pipe must not project into the pavement subbase, and shall be protected with a casing or capping acceptable to the Department.

C. Encasement-

1. Definition - Normally, a carrier pipe is said to be

encased if it is installed freely inside a larger

pipe called a casing or sleeve.

However,

encasement may include complete or partial

enclosures designed to protect the carrier, lighten

its burden, facilitate its insertion and

withdrawal, or guarantee integrity of the earth

structure. (See Figure 3.)

83

Wrapping or coati

(0.) ENCASED

( b) COATED
Trench Overfill

(C)GROLlf'fD Trench

(d) CRADLED

(e) WALLED

Ground or Pavement
Trend-,

(f)BOXED OR JACKETeD

(9) CAPFE.O

Q\) TUNNELED OR 6'lLLERIED

TYPES OF ENCASEMENT
Figure 3
84

2. Controls for Encasement - The following controls are applicable to casing pipe or duct lines.
a. All lines crossing under freeways, expressways and other controlled access highways are to be cased. However, when the lines are placed concurrently with a highway under construction, the casing pipe may be omitted when the carrier pipe or duct has been designed, and is to be placed, to become an integral part of the roadbed structure, similar to a highway drainage structure.
b. Regardless of the degree of access control, the Department, at its discretion, may require the casing of all pressurized carrier pipes crossing under major highways and of other carriers transmitting dangerous substances under any road.
c. On freeways, expressw.ays, and other controlled access highways, caslng, when required, shall extend as a minimum to the toe of fill slopes or 3 feet beyond the di tch line. Casing pipe when required for other classes of highway shall extend a minimum of 4 feet beyond the edge of pavement. In an area wi th curb, the casing pipe must extend 3 feet beyond the back of the curb. The extension of encasements may be required by the Department in some cases to allow for future widening of the highway.
d. Encasement may be required for any pipeline located wi th minimum clearances or near bridge footings or other elements of unusual hazard, such as high vol tage power lines, flood channels, and subsiding ground.
e. Rigid encasement or capping will be required if support of pavement would be impaired by a change in shape of a flexible pipe.
f. Casing pipe shall be sealed at the ends to
prevent debris and moisture from entering the annular space between the casing and carrier pipe.
g. Sag pipes (inverted siphons) shall be avoided whenever there is the possibili ty of sedimentation collecting in the sag. Where use of sag pipe is unavoidable, provisions for draining the sag shall be required.
3. Controls for Uncased Carriers - An uncased carrier crossing a highway becomes an integral part of the
85

earth struc ture supporting the pavement. Just as fora culvert, the Department must be assured of the adequacy of the structural design. This design must consider the complication of internal pressure and the nature of the transmittant. Controls for uncased carriers follow:

a. Uncased carriers are to be designed to

withstand all of the following load

combinations: (1) earth and live load, (2)

internal pressure, (3) earth and live load plus

internal pressure, and (4) earth and live load

plus alternations of full and zero internal

pressure.

Near grade summits of liquid

carriers, the "zero internal pressure" used in

design shall be taken as absolute, that is,

under vacuum.

b. Rigid carriers generally will be satisfactory if they meet culvert design cri teria and can withstand the internal pressure.

c. Semi-rigid carriers are to be designed to meet culvert cri teria for earth and live loads plus ring tension for internal pressure, provided there is assurance of a very compact sidefill and the recommended minimum bury.

d. Flexible carriers are risky components of an earth structure for which culvert design criteria have not been adapted to the complication of internal pressure. Pending development of reliable design criteria for these condi tions, flexible carriers should be encased or protec ted by jacket or cap. Exception may be made for small pipes under low pressure or so deeply buried that collapse would not affect pavement grade.

D. Controls for Hazardous Transmittants - Hazardous

transmittants are those which are flammable, corrosive,

expansive, energized, or unstable, particularly if

carried in large pipes or at high pressure or

potential.

Controls for hazardous transmittants

follow:

1. Cathodic Protection - Cathodic protection shall be provided on all new installations of pipelines carrying hazardous transmittants.

2. Encasement-

a. All crossings of pipes over 4 inches in
diameter carrying hazardous transmittants are

86

to be cased, except as noted below. Such lines should avoid highway s true tures, espcially those at depressed grade.

b. Uncased crossings of welded steel gas pipelines

may be permitted, provided additional

protective measures are taken in lieu of

encasement.

Such measures would include a

higher factor of safety in design, superior

design and construction, wrapping of carrier

pipe, and cathodic protection.

3. Markers - Markers shall be required for pipelines carrying hazardous transmittants in accordance with Title 49 Code of Federal Regulations, Part 192 and Part 195.

E. Controls for Appurtenances

Vents, drains, markers,

manholes, fire hydrants and shut-offs are appurtenances

to pipeline installations.

Controls for such

appurtenances follow:

1. Vents

Vents are appurtenances by which fluids

between carrier and casing may be inspected,

sampled, exhaus ted or evacuated. These fluids may

be leakage from the carrier wi thin the casing or

the soil without, or atmospheric vapor and

condensa te, or decompos tion produc ts of pipes and

coa tings . Liquid or heavy gases can be vented by

gravi ty drains; ligh t gases are exhaus ted through

risers or standpipes projecting above the ground

surface. Vent standpipes shall be located and

constructed so as not to interfere with maintenance

of the highway nor be concealed by vegetation;

preferably they should stand on a fence or

right-of-way line.

2. Drains - Where feasible, drains shall be required

for casing over 18 inches in diameter, for tunnels

or for galleries enclosing carriers of liquid,

liquefied gas or heavy gas. Drains may outfall

into roadside ditches or natural water courses at

locations approved by the Department.

Such

outfalls shall not be used as a waste _way for

purging the carrier unless specifically authorized

by permit.

3. Markers

If markers are used, the location and

emergency information shall be marked conspicusouly

for all underground facilities. Markers may be

signs on vents or on special posts at the fence or

the right-of-way line. They should be provided at

one end of a normal crossing, at both ends of an

oblique crossing, and at reasonable intervals along

87

a longitudinal installation. Information on markers shall include: pipeline identification, owner of pipeline and location of local office and emergency telephone number, including area code to contact.
4. Manholes, Vaults and Hand Holes -
a. Manholes, vaul ts, and hand holes shall not be located in the pavement or shoulders of any main highways, including urban highways. Exception may be made on streets at those locations where manholes are essential parts of existing lines that are permitted to remain in place under existing and proposed roadways. When adjustment to grade is approved for manholes that will be retained in the pavement, the adjustment shall be treated as an open cut and repaired in accordance with section 5.2, F, 2 of this manual or repaired using the Southern Bell method. Southern Bell procedures for this type of repair are published under DOT MOG Notice 48.1, titled "Treatment of Southern Bell Manholes," dated January 22, 1988. Manholes that fall within a ditch or gutter line shall have a water tight cover and have a minimum of 2 feet of cover. Manholes are to be designed and located in such a manner that wi 11 cause the least interference to traffic, other utilities, and future highway expansion. Where an exception to the above has been deemed necessary, good design and sound engineering will be required.
b. Use of hand holes and manholes may be allowed for fiber optic cable installations placed in the back portion of the rights-of-way.
(1) Hand holes approved for use by the Department may be used in conjunction with the installation of direct buried cables. The hand holes shall be buried with a minimum cover of 18 inches. The hand holes will be used in rural areas and normally placed 7,500 to 10,500 feet apart.
(2) Manholes approved for use by the Department may be used with the installation of duct systems in urban areas. The manholes shall have a minimum cover of 18 inches, however a collar and cover may be installed to allow for an opening a t grade. These manholes are governed by the same rules as manholes on
88

other types of communication lines. The manholes will normally be placed 2,500 to 3,500 feet apart but may be allowed for turns greater than 900 ; to prevent cable damage when pulling the cable.

S. Fire Hydrants

Hydrants shall be treated as a

roadside hazard, which requires that they be

located as near as practical to the highway

right-of-way. Where necessary, in order to permi t

access by fire trucks, hydrants may be located

inward from the right-of-way subject to the

following controls:

(1) In rural-type areas, where speed limits are 50
mph or greater, hydrants may be placed no nearer than 20 feet from the edge of the
outside travel lane unless they are in the outer 12 inches of the right-of-way. On
heavily-travelled arteries hydrants should be located at side roads, driveways, ramps, etc.,
insofar as practical. This will allow a set-back of 30 feet or more from the pavement and still provide a means of access.
Breakaway design shall be specified for all hydrants located less than 30 feet from a through traffic lane.

(2) In urban areas, where speed limi ts are 45 mph or less, hydrants may be placed no nearer than
12 feet from the edge of the outside travel lane unless they are in the outer 12 inches of
the right-of-way. Breakaway design shall be specified for all hydrants less than 20 feet from through traffic lanes.

6. Shut-off Valves - Shut-off valves or switches shall be installed in lines at or near ends of crossings carried on structures and situated near unusal
hazards, and at or near all crossings of freeways, expressways and major arterial highways.

F. Installation Methods and Controls

Installation or

replacement of pipelines along or crossing existing

highways can, for the most part, be controlled by

end-produc t specification. However, safety of traffic

and preservation of the earth structure supporting the

pavement require some restriction of methods used in

the operations. . Trenching, boring or tunneling for

pipeline installation shall not be closer to any edge

of the surfaced portion of the highway than specified

in the permi t Special Provisions. Acceptable methods

of installation are discussed below:

89

1. Trenched Construction and Backfill -

a. Definitions and Considerations - In trenched construction, bedding is the subgrade soil and its surface, as prepared to support the pipe. Backfill is the material refilling the rest of the trench, consisting of sidefill up to the level of top of pipe, and of overfill above that level. The latter may include restoration of surface soils or roadway materials. From the highway viewpoint, the essential features for trench and backfill construction are: (1) restoration of the structural integrity of entrenched roadbed, (2) security of. the pipe against deformation likely to cause leakage, and (3) assurance against the trench becoming a drainage channel and against drainage being blocked by the backfill. Bedding is important for all pipes.

b. Controls for Trenched Construction - Trenched construction, bedding, and backfill normally will be adequately controlled if the utility company conforms to the Department's standard specifications for earth work and culverts. Specific controls follow:

(1) Trenches are to be cut to have vertical faces wi th a maximum wid th of 2 feet or ou ts ide diame ter of pipe plus 18 inches. They shall be shored where necessary to prevent caving and sloughing.

(2) Bedding shall be provided to a depth of 12

inches or half of the diameter of the

pipe, whichever is the least. Bedding

shall consist of granular soil free of

lumps,

clods,

cobbles and frozen

materials, and shall be graded to a

firm-but-yielding surface without abrupt

changes in bearing value. Uns table soils

and rock ledges shall be sub-excavated

from the bedding zone and replaced by

imported material.

For carriers laid

wi thout encasement, the bedding shall be

shaped to fi t the bot tom of the pipe for

60% of its wid th. See the Department t s

Standard Specifications for additional

information on backfill material.

(3) Backfilling

of

trenches

must

be

accomplished

immediately

after

the

pipeline or other utili ty is placed

90

therein or as directed by the Engineer. Backfill shall be placed in two stages: first, sidefill to the level of the top of pipe; second, overfill to former surface grade. Sidefill shall consist of granular rna terial laid in 6- inch layers, each consolidated by mechanical tamping and controlled addition of moisture, to a density of 95% as determined by AASHTO Method T-99 or GHD-7. Overfill shall be layered and consolidated to match the entrenched material in cohesion and compac tion. The top 12 inches shall be compacted to 100% of specified. density. Consolidation by saturation or ponding will not be permitted.
2. Pavement Cuts -
a. General Controls - No open cuts in pavement will be permi tted except by special permission of the Engineer when there is an emergency and the public heal th or safety is imperiled, or for making a service tap on aline under the pavement when no other distribution line is available in the area where the service is required. In no event will an open cut be permitted when it is reasonably practical to bore, tunnel, etc., under the surface of the highway. Whenever the Engineer is requested to authorize an open cut, such request must be made in wri ting supported by detailed reasons some other method is not practical and giving details relative to the maintenance history and service life of the facili ty. The Department requires (1) that backfill and repaving be performed under its direction at the expense of the utility and (2) that the utility remain liable for cost of repair if the backfill subsides or the patched pavement fails. When approval of the Engineer is granted, the following provisions shall be strictly adhered to.
(1) The trench edges in paved areas shall be sawed or cut to neat lines by methods satisfactory to the Engineer before starting to break the pavement slab.
(2) Materials and methods of compaction shall be adopted to achieve prompt res tora tion of traffic service.
(a) In trenching across the highway, only
91

STAGE
(1)

urILrrY INSTALIATION BY OPEN CUT STAGE CONSTRUCTION.

STAGE (2)

&Subgrade, etc.

Cut 2" deep with concrete saw to insure a straight vertical edge for patch.

Pavement to be sa"red or cut to neat lines as directed by the Engineer
?
STAGE (3)

Replace material in trench as directed by Engineer. Material to be compacted in layers not
to exceed 6 inches.
Remove extra/a. inches of pavement on each side of trench or to visible overbreak which ever is greater.

STAGE
(4)



Pavement

Subbase & Subgrade, etc.

8ubbase&~8uhgrade, etc. t& ~e.rep~ced as directed by the Engineer.
Minimum. 811 Clas s B II II portland cement concrete or lJ.i:rl.mt...i. l 1211 soil cement base.
Top 2" to be replaced with same type mater:'al as existing surface.
Surfaces to be cleaned ~~d Bituninous tack coat or prime applied before placement of asphaltic top.

.. ..
Curb &Gu1tt1e-r
Utility Installation \,
Procedure same as
Stages 1, 2 and 3.
Figure 4 92

one-half of the paved surface is to be opened at one time. The open half shall be completely backfilled before opening the other half.

(b) Closure of intersecting streets, road

approaches, or other access points

for trenching operations will not be

permi t ted.

Upon trenching across

such facili ties, the Appl icant shall

utilize steel running plates, planks

or other satisfactory methods for

traffic entering or leaving the

highway or adjacent properties.

Immediately after the facility

authorized by the permit has been

placed, the intersecting street, road

approaches or other access facil i ty,

shall be restored to at least as good

condition as it was prior to the

permit operations and in a manner

satisfactory to the Engineer. Spot

resurfacing may be required.

b. Surface Restoration - Once the pavement is cut, it is most difficult to reconstruct to obtain the structural strength and surface quality the road and pavement had prior to cu t ting. For trenches over 4 fee t wide, the subbase, base and paving shall be replaced in kind using construction procedures in accordance wi th Standard Specifications. For trenches up to 4 feet wide, the repaired area should be acceptable if the following procedures are used.

(1) Asphaltic Concrete Pavements Pavemen t and trench to be opened to wid th as shown in Figure 4, Stage 1. After the utility line and any necessary bedding has been placed, the backfill and overfill material shall be placed as described in subparagraph 1.b.(3) above, up to the subbase. At this point, the pavement shall be cut back at least 12 inches on each side of the trench or to visible overbreaks, whichever is greater, to a depth of 2 inches with a concrete saw. This will insure a straight vertical edge for the patch. After making the saw cut, the pavement to be removed should be broken into small pieces and

93

removed. The broken edge below the

saw cut is left fairly rough and

irregular, but is approxima tely a

vertical plane to provide an aggregate

interlock between the patch and the

existing pavement.

The subbase

material shall be carefully placed and

shaped.

Wa ter shall be added as

necessary to provide a damp, but not

wet, subbase before the concrete base

is placed. The vertical face of the

existing pavement shall be sprayed

wi th a fine mis t of wa ter to mois ten

the surface. To further improve the

probability of obtaining a bond

between the old pavement and the

concrete base to be poured, the

vertical face of the old pavement

shall be painted with a solution of

Portland cement and water mixed to the

consis tency of heavy paint. The new

Class B concrete base shall then be

poured before this surface dries out.

The base shall be placed wi th care,

making sure it is worked back into all

corners and into the rough surface of

the existing pavement. This must be

done to provide interlocking between

the old pavement and new base being

placed.

After the concrete base has cured, the surface of the concrete base and vertical edges of the existing paving must be clean and dry before the tack coat is applied. The tack coat shall be applied to the surface of the new concrete base and brushed into the corners and onto the vertical edges of the old pavement to provide a bond and to seal out water. The hot asphaltic plant mix surface material shall be immediately placed after the surface of the tack coat has dried to the point that it is sticky to the touch.

(2) Portland Cement Concrete Pavement

Utility cuts in Portland cement

concrete pavement are discouraged by

the Departmen t. Pavemen t cuts, when

allowed will require complete or

partial slab replacement.

The

Department's engineer will determine

the extent of slab replacement on a

94

case by case basis if an open cut is

allowed. Procedures for slab removal

and replacement established by the

Department for construction and

maintenance projects will be used.

All work will be in accordance wi th

the

Department's

Standard

Specifications. Details for required

dowels in replacement concrete and for

sawing and sealing joints will be

furnished by the Department with

approved permits.

3. Un trenched Construction -

a. Techniques

A few techniques for installing

pipelines under a highway without disturbing

the surface are discussed below.

(1) Driving - A small pipe wi th a pilot shoe

can be driven through compressible soils

by a steady thrust, hammering or

vibrating.

Pipe must be smooth and

uncoa ted, and hence a cas ing or

corros ion-res is tan t carrier mus t be used.

Long drives may wander far from the

desired line and grade.

(2) Coring - A small casing without pilot shoe

can be drilled into more difficul t soil,

which enters the pipe as it advances. The

core is removed by sluicing, during or

after the drilling. Line and grade are

fairly easy to control.

This is an

acceptable method of installing service

lines up to 2 inches in hard clay soils.

The amount of water used for sluicing must

be held to a minimum to prevent voids from

being introduced into the roadbed

s truc ture.

This method shall not be

permitted in roadbed structures composed

of sandy or sandy-loam soils.

(3) Dry Boring - Casing or carrier pipe can be jacked through bores carved progressively ahead of the leading edge of the advancing pipe as soil is moved through the pipe, normally with an auger that has been placed inside the pipe.

(4) Wet Boring - A hole is sluiced by a jet of

slurry and kept full of pressured slurry

to prevent collapse.

The casing or

carrier pipe is pushed through the slurry

95

evacuating the excess material.

Wet

boring as a rule is not allowed in

Georgia.

Limi ted exceptions may be

granted

when

the

applicant

can

substantiate that this method is more

practical than a dry bore for a particular

situation and that the roadbed material

will not be damaged by the bore. If this

method is approved a competent inspector

approved by the Department must be

provided by the applicant for the entire

operation.

b. Controls for Untrenched Construction ~ Controls for untrenched construction and grouting are as follows:

(1) Un trenched construction shall be required

for pipeline crossings of existing

controlled access and other major

highways. On freeways, expressways, and

other controlled access highways, as a

minimum the un trenched cons truc tion shall

extend under and across the entire roadbed

structure and, on other major highways,

under and across the surfaced area of the

highway.

For minor highways in rural

areas local conditions shall govern

similar requirements.

(2) Portal limits (temporary access points) for pipeline crossings shall be established safely beyond the surfaced areas of the highway so as to avoid impairing the roadway during ins talla tion of the pipeline. The lateral dimension between the surfaced area of the highway and portal limits shall be not less than 2 feet, if bulkheaded, and not less than 10 feet if not bulkheaded (See Figure 5). The horizontal distance from the shoulder point to the edge of the boring pit shall be not less than the vertical distance from the shoulder point to the bot tom of the boring pi t. Backf ill ing of bore pits within the roadbed structure shall be compacted to 100% of theoretical maximum densi ty. Special backfill material may be required to achieve 100% compaction. Compaction tests may be required by the Engineer.

(3) When tunneling or boring, the oversize of the boring excavation mus t be res tric ted.

96

R/W
Carrier or Cas;'!9~e
1..0
-...J
;VDIeS:
I. {)N shall nDf he less Iha.n Dv. 2. Symme Inc wlfh respecl fD o'/mens/ons.

R/'II

Ol_min~
2' min.
{r l>uI*headed)
~r DIl

--=r;- ---

(

I' , ' $ I

NO SCALE

DETAIL FOR BORING OR TUNNELING
Figure 5

The diameter of the hole shall not exceed the outside diameter of the pipe, conduit, cable or casing to be placed therein.

(4) Cement grout shall be pumped around all

pipe, conduit, cable, or casing where

required to fill voids which developed

during the ins tallation opera tion. This

is especially important for large or long

installations.

Any unused holes or

abandoned casings shall be backfilled with

grout. The composi tion of grout shall be

specified as sand-cement mortar.

(5) The casing, or carrier pipe for uncased

bores, must go with the bore. Pipes 4

inches in diameter and smaller may be

installed by free bore without a casing.

Casings may be required for jacked or

bored utility ins talla tions over 4 inches

in diameter but methods for uncased

installations will be considered on a case

by case basis when the applicant can

substantiate that no damage will occur to

the roadbed structure or carrier pipe.

Borings indicating the type of roadbed

material and verifying the absence of rock

may be required.

Carrier pipes when

jacked or bored without casing must have a

uniform outside diameter.

5.3 UNDERGROUND POWER AND COMMUNICATION LINES
A. General Controls -
1. Applicable Pipeline Controls - The general controls previously outlined for pipelines as relate to bury, encasement, markers, installation and untrenched construction shall be applied to underground installations of electric power and communication lines installed in conduit. Minimum depth for boring under pavement for all facilities shall be 48 inches below pavement surface.
2. Location of Facilities - Longitudinal installations are to be located on uniform alignment, preferably parallel to the roadway at, or adjacent to, the right-of-way line and no less than 3 feet beyond the slope, back of ditch or curb lines.
3. Appurtenances - Wiring cabinets, transformers or other above ground appurtenances are to be treated as roadside obstacles and located outside the clear roadside area.
98

4. Encasement - On conventional highways, crossings of underground lines are to be suitably encased in protective condui t extending no less than 4 feet beyond the edge of pavement. On urban curbed sections, they shall extend 3 feet outside the outer curbs of the roadway.

B. Direct Burial -

1. General Considerations - Buried plant as discussed

in this section pertains to telephone and electric

plant in which the cables and wires are placed

direc tly in the ground on right-of -way by the plow

method or by trenching.

Direct buried plant

inherently offers certain advantages over aerial

and underground plant (in conduit) and is

recognized by the industry as being more economical

on a first-cost basis.

In addition, buried

facili ties are less exposed than aerial facili ties

to physical damage, and serve to preserve the

natural, aesthetic values of the roadside.

2. Controls-

a. The general controls previously outlined for pipe1ines as rela te to markers, ins talla tion, trenched and untrenched construction and adjustment shall also be applied to direct buried underground installations of electric power and communication lines. Minimum bury for this type installation shall be 24 inches.

b. The exact location for buried cable or wire will be determined after a thorough consideration of such factors as width of righ t-of -way, type of road, type of terrain, drainage and soil condi tions. Regarding the latter, sandy-loamy soil offers the best condi tion for plowing, whereas dry clay soil and soil with more than incidental rock may require underground ins tallations to be placed by machine trenching.

c. The plowing of underground cables has been found to cause damage to the right-of-way which imposes extraordinary costs on the Department. Plowing will not be permitted unless the utility company requesting permission to plow has entered into agreement with the Department for the payment of fees which offset these costs.

99

d. Plowing will only be permitted behind the di tches or beyond the toe of fill slopes. In areas where there is no defined roadbed, plowing will be permitted at a minimum distance of 20 feet from the pavement. It is generally not acceptable to plow under the following conditions:

(1) In areas of steep slopes unless an offset plow can be used to avoid excessive damage to the slopes.

(2) In areas that are too wet to support the equipment being used.

(3) In areas of heavy vegetation unless the path is cleared in advance of cable placement.

(4) In areas wi th a heavy presence of rocky soils.

(5) In areas with numerous utilities.

e. Acceptable equipment must be on site and in

good mechanical condition prior to beginning

any plowing operation. All work done in any

day must be restored during the same day.

Static or vibratory plowing will be allowed

provided satisfactory results are being

obtained.

Some considerations necessary to

satisfactory results:

(1) Must maintain the minimum depth as specified.

(2) Must make the rip as narrow as possible for the cable being placed.

(3) Sliding or slipping of equipment will not be allowed.

(4) At least three passes must be made over the rip with equipment heavy enough to restore the rip.

(5) Excessive damage of the right-of-way will not be allowed.

(6) Variations in the proposed locations of the cable will not be permitted.

f. The utility company will maintain continuous

100

independen t supervis ion during all plowing

opera tions , ei ther by an employee of the

company or by some independent contractor other

than the contractor performing the plowing.

The company will make an in-depth final

inspection of the work and make any needed

corrections at that time.

A follow-up

inspection will be made in approximately 6

months. The company will be responsible for

correcting any settlement or erosion resul ting

from its construction at any time after the

work is completed.

5.4 UTILITY TUNNELS AND BRIDGES

A. General Considerations - A utility tunnel or a bridge occasionally is provided for a pipeline or other
facilities crossing a freeway at a strategic location. Where it can be foreseen that several utility crossings will be needed, the cost of the tunnel (either a large
casing or a box culvert) or of the bridge may be less than that for the al ternate of several un trenched or
separa tely encased pipelines. Where it appears that these conditions exist, the Department will take steps as necessary to insure that adequate study is made by
the utility companies to anticipate their needs for future crossings and to converge their facilities to a
joint-use single crossing or increase the size of their facilities through the tunnel to meet the projected needs.

B. Controls-

1. Tunneling Specifications

Tunneling under any

existing roadway shall be accomplished in

accordance with the Standard specifications,

Section 555, Tunnel. In addition to requirements in

the Specifications the Department requires the

space between the utili ty carrier and the tunnel

liner to be filled with a sand cement grout.

2. Isolation of Hazardous Materials - In a combined tunnel or bridge, provision shall be made to isolate mutually hazardous transmi t tants, such as fuels and electric energy, .by compartmentalizing or by auxiliary encasement of incompatible carriers.
The utility-tunnel or utility-bridge structure shall conform in appearance, location, bury, earthwork and markers to the culvert and bridge practice of the Department.

101

I ( HiGI~W,AY GRADE

HIGHWAY GRADE
PLAIN OR REINFORCED concRETE
,.. NATURAL GltOUIIIO...... ll.! ...;4(.,. .Ph .,

(a) HALF-PIPE PROTECTiON (b) FLOATING SLAB PROTECTION

, HIGIlWAY GRADE' SECTIONAl. PLATE

.e:. HIS HI'IAY GRADE If SYMMETRICAL ABOUT

~OPTIONAL. DRAIN
(c) PLATE ARCH FF;OTECTION

OPTIONAL ORA''''
Cd) MONOLITHIC ARCH
OR BOX

EX/5TING PIPELINE PROTECTION
Figure 6
102

5.5 UNDERGROUND FACILITIES ON HIGHWAY CONSTRUCTION

The Department's policy is that utility facilities will

be relocated when they will be under the new pavement

on a

road

improvement

project,

including

acceleration/deceleration lanes when required at side

streets or driveways.

Limited exceptions may be

granted by the Engineer on a case by case basis. All

al terna ti ves mus t be cons idered and proven impractical

prior to requesting permission to retain facilities

under the pavements on construction projects.

(1) Factors that will be considered when .reviewing retention requests are (a) facility, age, size, depth, length, location within the right-of-way and design characteristics; (b) the service history and useful service life remaining; and (c) comparison of cost to retain and adjust the facility versus the cost to relocate.

(2) Where facili ties are allowed to be retained the

owner will make provisions for future service

connections to be installed without cutting the

pavement. Stubouts or other provisions shall be

provided so that portions of the facilities can be

abandoned when repairs are needed that would

require cut ting of the pavement.

Retained

facili ties will be supplemented as future needs

increase by installation of new facilities outside

the pavement. The retained facili ties will be

abandoned as economically practical to incorporate

them into new plant. When telephone manholes are

retained, the manhole will be paved over and

tunnel entrances shall be provided with access

points beyond the pavement and behind the curb

unless exceptions are granted by the State

Utilities Engineer. If telephone manholes are

retained under the pavement with no access tunnel,

future access and blocking of the lanes will be

done at off-peak traffic hours. All retained

facili ties shall have a thorough inspection prior

to the placement of the final paving surface to

insure the integrity of the retained facility.

(3) An existing pipe or duct line too weak to support highway loads if retained shall be (a) reinforced by jacket, wall or cap, or (b) sheltered by
casing, half-pipe, box or arch (See Figure 6).

5.6 OVERHEAD POWER AND COMMUNICATION LINES

A. General Considerations

The type of construction,

103

vertical clearance above pavement, and location of

poles, guys, and related ground-mounted utility

appurtenances, such as transformers or wiring cabinets,

are factors of major importance to preserve a safe

traffic environment as well as the appearance of the

highway and the efficiency and economy of highway

maintenance.

A critical requirement for locating

poles, guys, and related facilities along the roadside

is the width of the border area; i.e., the space

between the edge of pavement, edge of paved shoulder or

curb line and the right-of-way line, and its

availability and suitability for accommodating such

facilities. The safety, maintenance efficiency and

appearance of highways are enhanced by keeping this

space as free as possible from encroachment by

obstacles above the ground.

Where ground-mounted

utility facilities are to occupy this space, they shall

be placed as far as possible from the traveled way and

beyond the clear roadside area. The nature and extent

of roadside development and the ruggedness of the

terrain are controlling factors for locating poles,

guys and related facilities at the right-of-way line.

B. Controls for Overhead Facilities -

1. Type of Construction -

a. Longitudinal installations on the rights-of-way shall be limited to single-pole construction.

b. Joint-use, single-pole construction shall be

encouraged, as indicated by Rule 222 of Part 2

of the National Electrical Safety Code, at

locations where more than one utili ty or type

of facili ty is involved. This is of particular

significance

at

locations

where

the

right-of-way widths approach the minimum needed

for safe operations or maintenance requirements

or where separate installations may require

extensive removal or alteration of trees.

2. Clearances - 'The vertical clearance for overhead power and communication lines above the highway, and the lateral and ver tical clearance from bridges, shall conform with the National Electrical Safety Code, except where greater clearances are required. For pole lines installed parallel to bridges, a minimum radial clearance of 20 feet shall be provided from the nearest part of the bridge structure.

3. Longitudinal Installations -

a. The location of poles, guys, and related

104

ground-mounted utility facilities on freeways and other highways having partial or full control of access are to conform with the AASHTO established criteria contained in A Policy on the Accommodation of Utilities on Freeway Rights-of-Way.

b. On conventional free-access highways in rural

areas, poles and related facili ties are to be

located as near as possible to the right-of-way

line. An exception may be made where the

Department does not mow the full width of

right-of-way and it is more desirable to locate

the pole line along the roadway side of the

strip of undisturbed natural growth. As a

minimum, the poles are to be located outside

the clear roadside area for the highway section

involved. There is no single minimum dimension

for the width of a clear roadside area, but 30

feet is commonly used as a design safety

concept guide.

The Department's geometric

design standards will apply.

c. In keeping with the nature and extent of roadside development along conventional streets in urban areas, such facili ties shall be located as near as possible to the right-of-way line. Where there are curbed sections the utilities are to be as far as is practical behind the face of outer curbs, preferably behind the sidewalk area. A lateral clearance of 12 feet from face of curb is desirable. On streets where posted speed limits are 35 miles-per-hour or below, a lateral clearance of 6 feet from face of curb is acceptable.

d. Retention of overhead utili ty ins talla tions on

highways

with

exceptionally

narrow

rights-of-way or on urban streets with closely

abutting improvements are special cases which

must be resolved in a manner consistent with

the prevailing limitations and conditions. The

Department will determine an acceptable

location based on roadway alignment, expected

operating speed, and other design and

environmental features of the highway or

street.

On construction projects with

restricted space, a location for utilities will

be specified on plans furnished to the owners.

Before locating the utility at other than the

right-of-way line, consideration shall be given

to designs employing self-supporting, armless,

single-pole construction with vertical

105

arrangement of wires or cables, or other

techniques that are permi t ted by governmen tal

or industry codes and that are conducive to a

safe traffic environment.

Exception to

standard clearances may be made where poles and

guy s can be placed at locations behind guard

rails, beyond deep drainage ditches, or the toe

or top of steep slopes, retaining walls, and

other similarly protected locations.

e. In general, pole replacement in existing lines,
or addi tion of mid-span poles, may be made to coincide wi th other existing poles along the
street, except that addi tional setback may be required for single new poles being installed if there are advantages to be gained because of
critical location, such as on curves or at intersections, and if the alignment can be satisfactorily arranged.

f. Guy wires to ground anchors and stub poles
shall not be placed between a pole and the traveled way where they encroach upon the clear roadside area.

g. Where irregularly shaped portions of the right-of-way extend beyond the normal right-of-way limi ts, variances in the location from the right-of-way 1ine shall be allowed as is necessary to maintain a reasonably uniform alignment for longitudinal overhead and underground installations.

h. Longitudinal installations of poles, guys or

other related facilities shall not be located

in a highway median.

On crossings of a

highway, such facilities should not be located

in a highway median less than 100 feet in

width.

Poles and other appurtenances for

highway lighting may be located in the median

if other alternatives are determined to be

impractical and where adequate protection is

provided to the highway user.

4. Highway Crossings -

When the location of poles for lines crossing the right-of-way will be outside the right-of-way the following policy and procedures shall apply:

(a) On routes which have been programmed for improvements, all poles and other obstacles shall be se t back beyond the 1imi ts of any
addi tional right-of -way which is expec ted to be required for the project.

106

(b) When no projects have been programmed, the required setback shall be as shown in Table 1.

Table 1

Road Class

Setback

State Highways

2-lane rural

65 ft. from centerline

multi-lane rural 20 ft. from right-of-way line

County Roads

50 ft. from centerline

Urban Streets

15 ft. from right-of-way line

(c) In lieu of the setback requirements in Table 1, poles may be located on the right-of-way where safety permi ts or they may be located outside the right-of-way at a lesser setback than required by Table 1 provided the owner agrees by Special Provision in the permi t to relocate the poles at his own expense if relocation becomes necessary.

C. Communication Cables Crossing Freeways

The

installation of heavy aerial cables over freeways is,

generally, to be prohibi ted. These lines usually are

difficul t to maintain over high speed traffic. It is

in the best interest of the highway user to require

communica tion cables (telephone, T. V., etc.) crossing

freeways to be placed underground or in duct on

bridges, except where there is no practical alternative

but to install overhead aerial crossings. Crossings at

interchanges or cross roads are preferred.

D. Power Transmission Lines

Transmission facilities

larger than 46 kv, as a rule, are not allowed for

longitudinal installations on the right-of-way.

However, exceptions may be granted on a case by case

basis by the Director of Operations when the applicant

can substantiate factually that all alternates have

been studied and that no other practical alternate

exists. No transmission facility will be permitted on

or off the right-of-way where the installation would

require more than 20 feet to be cleared inside the

right-of-way line.

107

5.7 INSTALLATION ON OR NEAR HIGHWAY STRUCTURES

A. General Considerations - Attaching utility lines to a highway structure can materially affect the structure, the safe operation of traffic, the efficiency of maintenance, and the appearance. Where it is feasible and reasonable to locate utility lines elsewhere attachments to bridge structures are to be avoided. Sani tary sewer lines, water lines over 16 inches in diameter, and gas lines exceeding 300 psi pressure, in particular, will not be approved for bridge attachment unless the request is supported by strong justification showing no other feasible alternative. However, where other locations for a utili ty line to span an
obstruction prove to be extremely difficult and unreasonably costly, consideration may be given for attaching the utility line to a bridge structure by a method acceptable to the Department. Such method should conform to logical engineering considerations for preserving the highway and its safe operation, maintenance and appearance. In these respects, the following considerations predominate.

B. Controls for Bridge Attachments - Since highway

s truc ture designs and si te condi tions vary, the

adoption of standardized methods to accommodate utility

facilities on structures is not feasible.

Each

proposed bridge attachment will be considered on its

individual merits and shall be separately designed.

All design details for utility attachment to bridges

shall be submitted to the State Bridge and Structural

Design Engineer on copies of DOT bridge plans for

approval prior to the permi t being approved by the

District Engineer.

1. Structural and Design Requirements -

a. Facilities are to be designed in accordance with all governing codes.
b. Bridge attachment of a utility will not be considered unless the s truc ture in ques tion is of a design that is adequate to support the additional load and to accommodate the utility facility without compromise of highway features, including ease of bridge maintenance.

c. Where a utility line is carried beyond the back of an end wall or bridge abutment, generally it shall be required to curve or angle so as to align outside the roadbed area in as short a distance as is operationally practicable. Preferably it should be located in the first or closest bay of the structure.

108

d. Acceptable utility attachment methods are hangers and/or roller assemblies suspended either from inserts in the underside of the bridge floor or from hanger rods clamped to the flange of some superstructure member. Normally, diaphragms or cross frames will not be used to support utilities. Bolting through the bridge floor, drilling into prestressed concrete beams or welding to steel members will not be permitted.
e. The utility company will be required to make satisfactory provisions for the lineal expansion and contraction of its facility due to temperature differentials. Line bends or expansion couplings are most prevalently employed for this purpose.
f. All material attached to or used in the bridge structure pipe or duct line attachments must be approved by the State Bridge and Structural Design Engineer. All metal components shall be galvanized or made from stainless steel.
g. Manholes for utility access will not be allowed in the bridge deck.
h. Utilities will not be allowed on bridges where bridge fills or abutments are retained by reinforced earth-type walls.
2. Clearances-
a. The entire utility installation on the bridge shall be mounted so as to not reduce the vertical clearance above stream, pavement or rails.
b. Utility positionings on a structure which would inhibit access to any structure part for bridge inspection, painting or repair will not be allowed. Clearances of the utili ty facili ty from bridge members shall conform to all governing codes.
c. Generally, acceptable utili ty installations are those which will occupy a position beneath the structure's floor between the outer girders or beams, or wi thin a cell, and at an elevation above low superstructure steel or masonry.
d. New utility installations on an existing bridge shall be placed a minimum of 18 inches from existing utilities.
109

3. Aesthetics-

a. Utility line attachments to the outside of bridges generally are unsightly and susceptible to damage. They will not be permitted unless the applicant can show that there is no reasonable alternative.

b. Utili ty mountings are to be of a type which

will not rattle due to vibrations caused by

traffic.

This is a matter of particular

concern on steel structures. In such case, the

support rollers, saddles or hangers shall be

coated or padded with neoprene or . otherwise

equipped to muffle vibration noise.

4. Restoration-

a. When the utili ty facili ty is to pass through a

bridge abutment, end wall or wingwall of an

existing bridge, the utility company shall

neatly restore the disturbed construction by

methods which will preclude any leakage of

water or backfill through the substructure

elements. Where such construction is proposed,

the hole created in the bridge end wall or

abutment to permit passage of the pipeline

shall be of the minimum size necessary to

accommodate the utility line.

The annular

space between end wall or abutment and pipe

shall be completely filled with a suitable

rna terial of a nature to seal such opening and

effectively preclude the leakage of any

moisture or backfill material through the

abutment. Where a pipe or condui t is to be

"sleeved" through the end wall or abutment, the

sleeve shall be tight-sealed into the opening

and the annular space between the pipe condui t

and the sleeve sealed with mastic.

b. The permittee or the utility company will be required to restore or repair any portion of bridge or highway disturbed by utility installation or use.

5. Encasement-

a. Since a pipeline carrying a volatile fluid or gas under pressure can cause damage or injury if there is a leak, it poses a certain element of risk when mounted on a bridge. Likewise, attachment of a line carrying a non-volatile fluid, such as sewer or water line, also poses a certain element of risk, with respect to

110

leakage, where mounted on a bridge crossing a freeway, other highway or street or railroad (not a water course). In either case, when such a carrier is placed in a casing pipe of leakproof construction, leakage can be detected and exhausted at vents or drains and the casing becomes a "second line of defense" against the hazard of explosion. Casing may be required for all such pipeline attachments throughout the bridge. The casing pipe shall be carried beyond the back of the bridge abutment and approach slab, and be effectively opened or vented at each end to prevent possible build-up of pressure and to detec t leakage of gases or fluids.

b. When a casing is not provided for a pipeline attachment to a bridge, additional protective measures shall be taken. Such measures may include a higher factor of safety in design, superior design and construction, radiograph testing of welds and hydrostatic testing.

c. Communication and electric power line

at tachmen ts are to be sui tably insula ted,

grounded and carried in protective condui t or

pipe from the point of exit from the ground to

re-entry.

Preferably the cable shall be

carried to a manhole located beyond the

backwall of the s truc ture. Carrier pipe and

casing pipe shall be suitably insulated from

electric power line attachments.

d. Where utilities are under bridge approach slabs the utility line shall be encased. The casing shall extend from the endwall to a point beyond the approach slab.

6. Cathodic Protection -

a. Utility lines, such as gas, water, etc., which are attached to bridge structures shall be free of any impressed direc t current for cathodic protection or shall be electrically isolated from the bridge.

b. When utility lines containing impressed direct current are to be attached to a bridge structure, the following precautions shall be taken unless other sui table protec tion is detailed on permit drawings.

(1) Insulating flanges or connections shall be installed beyond each backwall of the

111

bridge structure for the purpose of insulating or isolating the section of pipeline attached to the bridge s truc ture from the underground sections of pipeline containing impressed direct current for cathodic protection.

(2) If necessary the direct current shall be continued across the bridge through an insulated wire attached to the underground pipeline at each end of the bridge. This insulated wire shall be enclosed in metallic conduit. Both this conduit and the pipeline or its casing shall be insulated from the bridge structure. This conduit shall be grounded to a ground rod at each end of the bridge.

7. Shut-off Valves - On all pipeline attachments carrying gas or liquid under pressure, which, by nature of the transmittant or its pressure, might cause damage or injury if escaping on or in the vicini ty of the highway s truc ture, there shall be emergency shut-off valves. Such valves shall be placed wi thin an effec tive distance each side of the bridge, unless the pipeline is equipped with nearby shut-off valves or operates under effective control by automatic devices.

C. Controls for Utilities Near Highway Structures

Buried utility installations allowed under bridges

shall be no closer than 5 feet laterally to the

footings or 10 feet laterally to piles or trestle pile

bents.

Utili ties requested for placement near

reinforced earth type walls may be allowed after

special review by the Department. Minimum lateral

clearance between a bridge and an underground utili ty

crossing a limited access highway shall be 100 feet.

5.8 IRRIGATION AND DRAINAGE FACILITIES

Irrigation and drainage facilities installed across

highway rights-of-way generally shall be designed and

constructed in accordance with the Department's

specifications for highway culverts.

Ditches and

canals that closely parallel the highway shall be

discouraged. Appurtenances which would constitute a

hazard to traffic shall not be permitted wi thin the

clear roadside areas and, preferably, should be located

outside of the right-of-way.

112

5.9 PUBLIC TELEPHONES

A. General Requirements and Controls -

1. No telephone booth shall be located at a site
resul ting in interference wi th the visibili ty of vehicle operators using the highways.

2. No telephone booth shall be located at a site which does not permit safe and satisfactory connections
between the highway travel lanes and the driveway serving the telephone booths. The exis tence of speed-change lanes, proximity to an intersection or
drainage struc ture or any other existing condi tion which may result in a hazard or an inconvenience to traffic shall be considered.

3. No telephone booth shall be installed at a location which requires or encourages parking on the highway travel lane or within a ten foot area adjacent
thereto. The telephone will generally be located
adjacent to a driveway installed and maintained by the Applicant.

4. Telephone booths may be so located that existing

parking areas off the highway right-of-way may be

used by pa trons of the telephone.

In such

ins tances the permi t appl ica tion mus t be endorsed

by the owner or lessee of the parking area which

will be used by the telephone patrons.

5. No permi t shall be issued for a telephone wi thin the right-of-way fronting a business establishment
whose driveway plan does not conform to the Department's rules and regulations for commercial
driveways, as verified by the District Traffic Engineer. Such telephones shall be located so as not to invi te parking in the driveway areas, but somewhere adjacent thereto.

6. Preference shall be given to locations within existing roadside parks and rest areas.

B. Interstate and Limited Access Highways -

1. Telephones will be permitted only within areas removed from the roadway and to which adequate speed-change lanes and connections are provided.
This will include safety rest areas, truck-weigh stations and information sites. This restriction
will not apply to motoris t-aid s ta tions which may
be installed to assist drivers in emergency

113

si tuations. Such telephones will be installed by spe~ial agreement with the Department and will not require a separate permit.

2. Where a public telephone exists in the vicini ty of an interchange, the sign located on the Interstate Highway right-of-way to indicate motorist service facilities, if used, shall include the message PHONE.

c. Highways in Rural Areas - In rural areas where a normal

roadside ditch exists, that part of the telephone

driveway used for parking of vehicles while occupant

uses the telephone shall be on the opposite side of the

side ditch from the travel lane of the highway. Where

no roadside di tch exists, the near edge of the

telephone driveway shall be a minimum of 15 feet from

the edge of the highway travel lane. There shall be an

island at the location opposite the telephone booth.

The island shall be a minimum of 20 feet long and

protected by a 6-inch curb. The line of the island

nearest the travel lane shall be as specified in the

Department's rules and regulations for commercial

driveways. The line of the island furthest from the

travel lane shall be at the edge of the telephone

driveway and as approved by the District Traffic

Engineer.

The type of pavement and method of

construction of driveways providing access to the

telephone, as well as the maintenance of these

driveways, shall be the responsibility of the

Appl ican t. Where drainage culverts are required, the

Dis tric t Engineer shall specify the size to be

installed.

D. Urban Streets - In urban areas, telephone booths may be installed within the highway right-of-way where approved existing parking facilities are available near the desired site. If the street is curbed and designed for curbed parking, telephones may be located at an available si te not interfering with vehicles or pedestrian traffic. Loca tions wi thin a municipali ty shall have the concurrence of the appropriate official of the municipality.

E. Signs-

1. All signs pertaining to telephone service located within the right-of-way of state highways other than highways on the Interstate System shall be furnished, erected and maintained by the telephone company.

2. A maximum of two signs located within the right-of-way in each direction from the telephone

114

site indicating the distance thereto shall be permitted. There shall be permitted an arrow sign on each side of the roadway at the telephone station or a double faced sign on one side only. Plans for signing shall be included with the application for permit. 3. All signs shall conform to the Manual on Uniform Traffic Control Devices as to dimensions, color, message, etc., and to the Department's Standard Specifications as to fabrication and materials. 4. In urban business and residential areas the sign should be moun ted so that the bot tom edge of the sign is not less than 7 feet above the crown of the street. Where a non-mountable curb is present, the nearest edge of the sign shall be at least 2 feet back of the face of curb. Where no crub exists the nearest sign edge should be not less than 6 feet nor more than 10 feet from the edge of the pavement. 5. In rural areas signs should be mounted so that the bottom edge is at least 5 feet above the crown of the highway. The near edge of the sign should be not less than 6 feet nor more than 12 feet from the edge of the pavement or traveled way. 6. Reflectorized signs should be placed so as to keep the incident angle between the face of sign and headlight beam near 90 degrees throughout the range of useful visiblity.
115

CONTROLS FOR LOCATING UTILITIES WITHIN THE RIGHT OF WAY (1)

UNDERGROUND - Pipelines, Conduit, Power and Communication Cables

Longitudinal Installations Horizontal Controls

Desirable: In back 5 feet of right of way. Minimum: 3 feet beyond toe of fill slope, ditch or curb line.

Vertical Controls

Below paved surfaces: 4 feet to top of pipeline or conduit. Below unpaved surfaces: 3 feet to top of pipeline or conduit.(2)
2 feet to top of direct buried cable.

Transverse Installations Vertical Controls

Below pavement and roadway surface: 4 feet of cover. Below unpaved ditch: 3 feet of cover.
Below paved ditch: 2 feet of cover.

~ ~

Casing Controls

(J'\

(~/hen requi red)

Rural: Casing extends 4 feet outside edge of pavement.

Urban: Casing extends 3 feet beyond back of curb.

Controlled Access: Casing extends minimum of 3 feet beyond ditch

or toe of fill slope. May be required to extend

to access control line.

(1) Proposed installations which cannot be located in conformance with these controls shall be treated as exceptions and considered on the basis of specific site conditions.
(2) If an exception is made and a facility is permitted in the roadbed, minimum cover shall be 4 feet.
FIGURE 7

CONTROLS FOR LOCATING UTILITIES WITHIN THE RIGHT OF WAY(!)

ABOVE GROUND - Polelines, Hydrants, Cabinets or Other Obstacles

Horizontal Controls

All facilities shall be placed as near as possible to right of way line.

Rural Sections: Outside the 30-foot clear roadside area or in a protected location.

Vertical Controls

Urban Sections: 12-foot lateral clearance to face of pole or other obstacle. (6-foot clearance acceptable with speed limit of 35 mph or less.)
Clearances shall conform with National Electrical Safety Code.

...... ......

20-foot minimum radial clearance to bridges .

-...J

(1) Proposed installations which cannot be located in conformance with these controls shall be treated as exceptions and considered on the basis of specific site conditions.

FIGURE 7

SIT

S3:>N3~3:13H

REFERENCES
1. National Electrical Safety Code (ANSI C2) current issue, National Bureau of Standards, U. S. Department of Commerce. Published by the Institute of Electrical and Electronics Engineers, Inc., 345 East 47th Street, New York, N. Y. 10017.
2. ANSI Standard Code for Pressure Piping Published by the American Society of Mechnical Engineers, United Engineering Center, 345 East 47th Street, New York, N. Y. 10017.
A. ANSI B31.1.0, (current issue) Power Piping. B. ANSI B31. 3, (current issue) Petroleum Refinery
Piping C. ANSI B31.4, (current issue) Liquid Petroleum
Transportation Piping Systems D. ANSI B31.8, (current issue) Gas Transmission
and Distribution Piping Systems.
3. A. A Policy on the Accommodation of Utilities on Freeway Rights-of-Way, current issue, AASHTO, 444 N. Capitol Street, N. W., Suite 225, Washington, D. C. 20001
B. A Guide for Accommodating Utilities on Highway Rights-of-Way, AASHTO, 444 N. Capitol Street, N. W., Suite 225, Washington, D. C. 20001, 1981.
C. AASHTO Highway Definitions, current issue.
4. American Water Works Association Standards Series C Distribution, current issue, AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235.
5. APWA & ASCE, Accomoda tion of Utili ty Plant Wi thin the Rights-of-Way of Urban Streets and Highways, Manual of Improved Practice, American Public Works Association, 1313 East 60th Street, Chicago, Illinois 60637 and American Society of Civil Engineers, 345 East 47th Street, New York, N. Y. 10017.
6. "Transportation of Natural and Other Gas by Pipeline: Minimum Federal Standards," Code of Federal Regulations, Ti tIe 49, Part 192, Office of Pipeline Safety, U. S. Department of Transportation, Washington, D. C. 20590.
119

7. The following ~eferences are available at:

Office of Utilities

Georgia Department #2 Capitol Square,

of S.

wT.ransportation

Atlanta, Georgia 30334

A. Department of Transportation, State of Georgia Standard S ecifications Construction of Roads and Bridges, Current Issue. For sale by the Department of Transportation.)

B. Manual on Uniform Traffic Control Devices for Streets and Highways, Current Issue.

C. GDOT Manual of Guidance - Current Issue.

D. GDOT Construction Manual - Current Issue.

120

APPENDIX

CONTENTS

Page

APPENDIX A:

LAWS AND POLICIES

Exhibit 1

Georgia Code 32, Roads Bridges and Ferries,

123

Article 6, Maintenance, Relocation, Etc.,

of Facilities of Public Utilities; Part 1

General Provisions

Exhibit 2

A Policy on the Accommodation of Utilities

129

Within Freeway Right-of-Way

Exhibit 3

Rules of State Department of Transportation

137

Chapter 672-11, Maintenance, Relocation,

Etc., of Facilities of Public Utilities

APPENDIX B:

PERMIT FORMS AND SUPPORTING DOCUMENTS

Exhibit 1

DOT 413, Application and Permit for Uti 1ity

141

Facility Encroachment

Exhibit 2

DOT 413-X, Supplemental Permit for Use

143

of Explosives

Exhibit 3

DOT District Boundary Map and Addresses

145

Exhibit 4

Special Assurances for Utility Contract

147

Work Within Public Right-of-Way, Example

Exhibit 5

DOT 513, Performance Bond

148

APPENDIX C:

FORMS AND GUIDELINES FOR UTILITY ADJUSTMENTS ON CONSTRUCTION

Exhibit 1

Utility Adjustment Schedule and Procedures

149

Exhibit 2

Memorandum of Understanding

152

Exhibit 3

Suggested Form for Presenting Engineering

154

Fees

Exhibit 4

Suggested Guidelines for Preparation of

155

Detailed Estimate to Support Force Account

Agreement

Exhibit 5

Certificate of Eligibility for Utility

165

Reimbursement

Exhibit 6

Guidelines for Documentation of Preliminary

166

Engineering Costs for Utility Adjustments

and Relocations

121

Exhibit 7 Exhibit 8
Exhibit 9

Page

Certification of Consultant

169

Alternate Procedure for Establishing Equipment 171 Cost Rates Under Paragraph 10., f., of
FHPM 6, 6, 3, 1

Special Provision, Insurance Protection

170

of Utility Interests

122

APPENDIX

APPENDIX A
LAWS AND POLICIES

EXTRACT GEORGIA CODE 32, ROADS BRIDGES AND FERRIES: ARTICLE 6 MAINTENANCE, RELOCATION, ETC., OF FACILITIES OF PUBLIC UTILITIES: PART 1 GENERAL PROVISIONS

32-6-154

REGULATION OF PUBLIC ROADS

32-6-170

_ which enter the state highway system. (Code 1933, 95A-951, enacted "- by Ga. L. 1973, p. 947, 1.)

32-6-154. Effect of part on requirement as to commercial driveway permit.
Nothing in this part shall dispense with the requirement of obtaining a commercial driveway permit as set forth in Part 1 of this article. (Code 1933, 95A-952, enacted by Ga. L. 1973, p. 947, 1.)

ARTICLE 6 MAINTENANCE, RELOCATION, ETC., OF FACILITIES OF
PUBLIC UTILITIES
PART I
GENERAL PROVISIONS

32-6170. Payment by Department of Transportation of costs of removal and relocation of utility facilities necessitated by construction of highways.

(a) The department isauthorized to payor participate in the payment of the costs of removing and relocating any of the following facilities or any component part thereof if they are owned by a municipal corporation, county, state agency, or by an authority created under the laws of Georgia pertaining to public utilities, without regard to whether such facilities were originally installed upon rights of way of the state highway system or a county road system or a municipal street system, where such removal and relocation is made necessary by the construction or maintenance of any public road by the department: water distribution and sanitary sewer facilities and systems for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, steam, waste, and storm water not connected with highway drainage, including fire and police signals, traffic-control devices, and street lighting systems.

(b) As to municipal corporations, counties, state agencies, and authorities controlled by such municipal corporations, counties, or other state agencies, the department is authorized to waive provisions in existing permits and agreements in conflict with this article.

(c) The costs of removing and relocating the facilities listed in subsection (a) of this Code section, which costs the department is authorized to payor participate in by this Code section, shall be limited to the costs of removing and relocating those facilities which are physically in place and in conflict with proposed construction and, where replacement is neces-

555

APPENDIX A

123

EXHIBIT 1

EXTRACT

526171

HIGHWAYS, BRIDGES, AND FERRIES

526171

sary, to the costs of replacement in kind. That proportion of the costs

representing improvement or betterment in a facility shall be excluded

from the costs eligible for payment or participation by the department

under this Code section, except to the extent that such improvement or

betterment is made necessary by the public road construction or mainte-

nance.

.

(d) All costs incurred by the department under this Code section shall be deemed to be a part of the costs of the project requiring removal and relocation of any of the facilities listed in subsection (a) of this Code section. (Ga. L. 1961, p. 453, 1-4; Ga. L. 1968, p. 345, 1-3; Code 1933, 95A-IOOI, enacted by Ga. L. 1973, p. 947, 1.)

JUDICIAL DECISIONS

ANALYSIS

DECISIONS UNDER PRIOR LAw

Decisions Under Prior l.aw
Editor's note. - In light of the similarity of the issues dealt with under the provisions, decisions under former Code 1933, 95-1701,95-1715,95-1724 are included in the annotations for this section.
Department's authority to take property for relocation of gas line. - State Highway Department (now Department of Trans-

portation) is authorized to take propert)' for relocation of gas company's interstate gas line where it is in interest of safety, and prevents inconvenience to public using gas line and where acquisition is in furtherance of and reasonably for public state highway use. Benton v. State Hwy. Dep't, III Ga. App. 861, 143 S.E.2d 396 (1965).

RESEARCH REFERENCES

ALR. - Constitutionality of state legislation to reimburse public utilities for cost of relocating their facilities because of highway construction, conditioned upon

federal reimbursement of the state under the terms of Federal-Aid Highway Act (23 USC 123), 75 ALR2d 419.

526171. Authority of department to order removal and relocation of utility facilities; giving notice to utility; procedure by depart. ment upon failure of utility to remove facility.
(a) Any utility using or occupying any part of a public road which the department has undertaken to improve or intends to improve shall remove and relocate its facility when, in the reasonable opinion of the department, the facility constitutes an obstruction or interference with the use or safe operation of such road by the traveling public or when, in the reasonable opinion of the department, the facility will interfere with such contemplated construction or maintenance.
556

APPENDIX A

EXHIBIT 1

124

EXTRACT

32-6-172

REGULATION OF PUBLIC ROADS

32-6-172

(b) Whenever the department reasonably determines it necessary to have a utility facility removed and relocated, the department shall give to the utility at least 60 days' written notice directing the removal and relocatio,n of such utility obstruction. If the utility does not thereafter begin removal within a reasonable time sufficient to allow for engineering and other procedures reasonably necessary to the removal and relocation of the utility facility, the department may give the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final notice. If such utility does not, within ten days from receipt of such final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within a reasonable time, the department may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, or other necessary services or materials and whatever else is necessary to accomplish the removal or relocation; and the expenses of such removal or relocation may be paid and collected as provided in Code Section 32-6-173. (Code 1933, 95A-1002, enacted by Ga. L. 1973, p. 947, 1.)

RESEARCH REFERENCES

ALR. - Constitutionality of state legislation to reimburse public utilities for cost of relocating their facilities because of highway construction. conditioned upon

federal reimbursement of the state under the terms of Federal-Aid Highway Act (23 USC 123),75 ALR2d 419.

32-6172. Authority of department to obtain replacement right of way for relocated utility.
(a) Whenever a public road improvement necessitates the acquisition by the department of a utility's privately owned rights of way and the relocation of such utility's facilities, the department may. with the written consent of the utility, provide a replacement right of way.
(b) Whenever a public road improvement requires the relocation of a utility occupying public road rights of way, the department may, at the written request of such utility, provide to the utility a right of way which is not on a public road right of way. In this event, the utility shall reimburse the department for the acquisition costs.
(c) Title to property acquired for utility relocations under subsection (a) or (b) of this Code section and as authorized by Code Section 32-3-1 may be transferred to such utility as authorized in Code Section 32-7-3. However, the procedures for sale of property as set forth in Code Section 32-7-4 shall not be applicable to the transfer of property acquired for

557

125

APPENDIX A EXHIBIT 1

EXTRACT

526175

HIGHWAYS, BRIDGES, AND FERRIES

526175

utility relocation. Any such property transfer to the utility shall be conveyed by the execution of a quitclaim deed by the commissioner. (Code 1933, 95A-1003, enacted by Ga. L. 1973, p. 947, 1.)

JUDICIAL DECISIONS

ANALYSU

DECISIONS UNDER PRIOR LAw

Decisions Under Prior Law
Editor's note. - In light of the similarity of the provisions, decisions under former Code 1933, 36-1301,95-1701,95-1715, 95-1724 are included in the annotations for this section.
State Highway Department (now Department of Transportation) may take

property for relocation of gas company'. interstate gas line where it was in interest of safety and prevents inconvenience to public using gas line and where acquisition is in furtherance of and reasonably for a public state highway use. Benton v. State Hwy. Dep't, III Ga. App. 861, 143 S.E.2d 396 (1965).

RESEARCH REFERENCES

ALR. - Constitutionality of state legislation to reimburse public utilities for cost of relocating their facilities because of highway construction, conditioned upon

federal reimbursement of the state under the terms of Federal-Aid Highway Act (23 USC 123),75 ALR2d 419.

52-6-173. Manner of payment of expenses of removal and relocation of utility facilities.
The expenses incurred by the department as a result of utility removal and relocation pursuant to subsection (b) of Code Section 32-6-171, including the cost of acquiring new land or interests therein pursuant to subsection (b) of Code Section 32-6-172, shall be paid out of the available appropriations of the department for the construction or maintenance of public roads. A statement of such expenses shall be submitted to the utility, which shall make payment to the department. In the event the utility does not make payment or arrange to make payment to the department within 60 days after the receipt of said statement, the department . shall certify the amount for collection to the Attorney General. However, nothing in this Code section shall restrict the authority of the department pursuant to Code Section 32-6-170 to pay any or all of the expenses of removal and relocation of government owned utilities; and, furthermore, nothing in this article shall be construed so as to deprive any utility, relocated from a location in which it owned a property interest, of compensation for such property interest. (Code 1933, 95A-I004, enacted by Ga. L. 1973, p. 947, I.)

558

APPENDIX A

EXHIBIT 1

126

EXTRACT

32-6-174 .

REGULATION OF PUBLIC ROADS RESEARCH REFERENCES

52-6-175

ALR. - Constitutionality of state legislation to reimburse public utilities for cost of relocating their facilities because of
highway construction, conditioned upon

federal reimbursement of the state under the terms of Federal-Aid Highway Act (23 USC 123).75 ALR2d 419.

32-6-174. Promulgation of regulations by department.
The department may promulgate reasonable regulations governing the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks, traffic and other such signals, and other equipment and appliances of any utility in, on, along, over, or under any part of the state highway system or any public road project which the department has undertaken or agreed to undertake or which has been completed by the department pursuant to its authority. In addition to the requirements of such department regulations, it shall be the responsibility of the utility to obtain whatever franchise is required by law. (Code 1933, 95A-lO05, enacted by Ga. L. 1973, p. 947, 1.)

RESEARCH REFERENCES

ALR. - State regulation of rates to consumers of gas or electricity transported across state lines for light or power purposes, 7 ALR 1094.
Constitutionality of state legislation to reimburse public utilities for. cost of

relocating their facilities because of highway construction, conditioned upon federal reimbursement of the state under the terms of Federal-Aid Highway Act (23 USC 123), 75 ALR2d 419.

32-6-175. Right to injunctive relief.
The department, the county or municipality, or the railroad or utility concerned may petition for an injunction to enforce the performance of any duty or act imposed by this article or for an order to restrain the breach of any duty or the commission of any act imposed or prohibited or unauthorized by this article. (Code 1933, 95A-I019, enacted by Ga. L. 1973, p. 947, 1.)

RESEARCH REFERENCES
ALR. - Liability of highway district for damages for improper condition of highway, 49 ALR 1075.

559

APPENDIX A

127

EXHIBIT 1

sen

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129

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APPENDIX A EXHIBIT 2

TABLE OF CONTENTS

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2

Statement of Policy ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

1. Utilities to Which Policy Applies. . . . . . . . . . . . . . . . . . .. 3

2. New Utility Installations Along Freeways

3

3. Existing Utilities Along Proposed Freeways

4

4. Major Valley Crossings

'4

5. Utilities Crossing Freeways . . . . . . . . . . . . . . . . . . . . . . .. 4

(A) Utilities Along Roads or Streets

Crossing Freeways. . . . . . . . . . . . . . . . . . . . . . . . . . .. 4

(B) Overhead Utility Crossings . . . . . . . . . . . . . . . . . . . .. 5

(C) Underground Utility Crossings

5

(D) Irrigation Ditches and Water Canals

6

(E) Provision for Expansion of Utilities

6

6. Utilities in Vehicular Tunnels

6

7. Access for Servicing Utilities. . . . . . . . . . . . . . . . . . . . . .. 6

8. Construction and Location Details. . . . . . . . . . . . . . . . . .. 7

9. Manner of Making Utility Installations and Adjustments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7

1

APPENDIX A

EXHIBIT 2

130

A Policy on the Accommodation of Utilities within Freeway Right-of-Way

INTRODUCTION

The Geometric Design Standards for the National System of In-

terstate and Defense Highways adopted by the American Associa-

tion of State Highway Officials on July 12, 1956, and accepted by

the Bureau of Public Roads on July 17, 1956, provide, in accor-

dance with Section 109 of Title 23, U.S. Code, Highways, 1958, for

control of access on all sections of the Interstate System. These

provisions were established to provide for the maximum degree of

safety and to preserve the traffic-earrying capacity, both of which

are warranted by the large public fund investment in the facility.

There are also other freeways with similar control of access

features which are not part of the Interstate System.

Control of access can be materially affected by the extent and

manner in which public utilities cross or otherwise occupy the

highway right-of-way. The highway agencies have various degrees

of authority to develop and maintain control of access and to

regulate utilities, generally through their authority to designate

and to control the use made of right-of-way acquired for public

highways, including those of all freeways. Their authorities de-

pend upon State laws or regulations. These laws and regulations

differ in the several States and may be different in a State for

highways utilizing existing right-of-way and for highways on new

location for which right-of-way is to be acquired. A State may also

have separate laws and regulations different from those applicable

statewide, for highways on right-of-way subject to jurisdiction of a

local government such as that of a large city.

In order to carry out the intent of Title 23, U.S. Code, a uniform

policy is needed to establish the conditions under which public and

private utilities may be accommodated on the freeway right-of-

way. The following statements constitute such a policy. While the

policy has as its primary purpose increasing and maintaining

highway safety and function to the maximum and insuring unifor-

mity of utility treatment among the States, it recognizes the

public interest in avoiding unnecessary and costly operation of

public utility organizations. The policy applies to all highways

with full control of access, regardless of system. Also, it has value

as a guide for all highways with partial control of access. The

policy can be applied in most States by existing authority. Those

States in which laws will not permit the application of this policy

in its entirety should strive for uniformity through the enactment

of appropriate legislation.

.

2

APPENDIX A

131

EXHIBIT 2

It is not the intent of this policy to impose restrictions on the future' installations of utility crossings to the extent that would obstruct the development of expanding areas adjacent to the freeways.
This policy makes no reference to reimbursement to utility owners for the cost of adjusting or installing utilities on freeways. Reimbursement is subject to State laws.
It is the intent of this policy to establish procedures whereby the individual State highway authorities may uniformly administer the same.
STATEMENT OF POLICY
1. Utilities to Which Policy Applies
The principles set forth in this policy apply to all public and private utilities including but not limited to communication, electric power, water, gas, oil, petroleum products, steattl, sewer, drainage, irrigation, and similar facilities. Such utilities may involve construction and maintenance of underground, surface or overhead facilities, either singly or in combination.
This policy shall apply to utilities located within public freeway right-of-way.
This policy does not apply to utility lines for servicing facilities required for operating the freeway.
2. New Utility Installations Along Freeways
New utilities will not be permitted to be installed longitudinally within the control of access lines of any freeway, except that in special cases such installations may be permitted under strictly controlled conditions. However, in each such case the utility owner must show that:
A. The accommodation will not adversely affect the safety, design, construction, operation, maintenance or stability of the freeway;
B. The accommodation will not be constructed and/or serviced by direct access from the thru traffic roadways or connecting ramps;
C. The accommodation will not interfere with or impair the present use or future expansion of the freeway; and,
D. Any alternative location would be contrary to the public interest. This determination would include an evaluation of the direct and indirect environmental and economic effects which would result from the disapproval of the use of such right-ofway for the accommodation of such utility.
3

APPENDIX A

EXHIBIT 2

132

3. Existing Utilities Along Proposed Freeways.
Where an utility already exists within the proposed right-of-way of a freeway and it can be serviced, maintained and operated without access from the through traffic roadways or ramps, it may remain as long as it does not adversely affect the safety, design, construction, operation, maintenance or stability of the freeway. Otherwise, it must be relocated.
4. Major Valley Crossings
Where a freeway crosses a major valley or river on an existing structure, any utility carried by said structure at the time the highway route is improved may continue to be so carried when relocation of the utility would be very costly and provided the ultility can be serviced without interference with road users.
Expansion of a utility carried by an existing structure across a major valley or river may be permitted provided the utility can be installed and serviced without interference with road users.
A new utility will not be permitted to be installed on a structure across a major valley or river at and after the time the highway route is improved. except for special cases as covered by Item 2.
5. Utilities Crossing Freeways
New utility installations and adjustments or relocations of ~x isting utilites may be permitted to cross a freeway. To the extent feasible and practicable they should cross on a line generally normal to the freeway alignment and preferably under the freeway.
5(A) Utilities Along Roads or Streets Crossing Freeways
Where a utility follows a crossroad or street which is carried over or under a freeway, provision should be made for the utility to cross the freeway on the locations of the crossroad or street in such manner that the utility can be serviced without access from the through-traffic roadways or ramps. Generally the utilities are to be located within the right-of-way of the crossroad or street, existing or relocated, and may cross over or under the freeway or be carried on or through the highway grade separation structure, provided installation and servicing thereof can be accomplished without access from the through-traffic roadways or ramps. Where distinct advantage and appreciable cost saving is effected by locating the utilities outside the right-of-way of the crossroad or street they may be so located, in which case they shall be located and treated in the same manner as utility lines crossing the freeway at points removed from grade separation structures as in (B) and (C) which follow.
4

APPENDIX A

133

EXHIBIT 2

5(B) .Overhead Utility Crossings
Overhead utility lines crossing a freeway at points removed from grade separation structures, or those crossing near a grade separation but not within the right~f-way of a crossroad or street. in general, should be adjusted so that supporting structures are located outside the outer edges of through-traffic roadway side slopes and preferably outside the control access lines. In any case supporting poles shall not be placed within the appropriate clear zone as designated in the current edition of the AASHTO publication "Guide for Selecting, Locating and Designing Traffic Barriers." Supporting poles may be placed in medians of sufficient width to provide the above referenced clear zone from the edges of . both roadways. If additional lanes are planned, the clear zone shall be determined from the ultimate edges of the roadway. Where right-of-way lines and control of access lines are not one and the same, as where frontage roads are provided, supporting poles may be located in the area between them. In extraordinary cases where such spanning of the roadways is not feasible, consideration may be given to conversion to underground facilities to cross the freeway.
At interchange areas, in general, support for overhead utilities should be permitted only where all of the following conditions are met: (a) the above indicated clear zone is provided with respect to the freeway through-traffic lanes, (hI the appropriate clear zone from- edge of ramp is provided as designated in the above referenced AASHTO "Guide for Selecting, Locating and Designing Traffic Barriers," (c) essential sight distance is not impaired, and (d) the conditions of Item 7, "Access for Servicing Utilities," are satisfied.
The vertical clearance to overhead utility lines crossing freeways shall be determined by the State but in no case shall be less than the clearance required by the National Electrical Safety Code, ANSI C2, Institute of Electrical and Electronics Engineers, Inc.
5(C) Underground Utility Crossings
Utilities crossing underground below the freeways shall be of durable materials and so installed as to virtually preclude any necessity for disturbing the roadways to perform maintenance or expansion operations. The design and types of materials shall conform with appropriate governmental codes and specifications.
Manholes and other points of access to underground utilities may be permitted within the right-of-way of a freeway only when they are located beyond the shoulders of the through-traffic roadways or ramps as planned for later widening, if any, and only where they can be serviced or maintained without access from the throughtraffic roadways or ramps.
5

APPENDIX A

EXHIBIT 2

134

5(D) Irrigation Ditches and Water Canals
Except for necessary crossings, watercanals and irrigation ditches should be excluded from the right-of-way of freeways, except for special cases as covered by Item 2. Crossings may be made by underground siphon, or through culverts, or bridges as appropriate to the size of canal, topographic conditions, and highway safety aspects. In general, locations and structures are to be designed in the same manner as are facilities for natural transverse drainage.
All access and egress for servicing or patrolling such facilities shall be from outside the control of access lines. Ditchwalkers or ditch-riders shall not be permitted to indiscriminately cross the freeway at grade. Under appropriate traffic control arrangements, special ditch cleaning equipment may be permitted to cross in those cases where considerable extra travel distance would otherwise be required to utilize grade separation structures.
5(E) Provisions for Expansion of Utilities
When existing utilities are relocated or adjusted in conjunction with construction of a freeway, provision may be made for known and planned expansion of the utility facilities, particularly those underground. They should be planned to avoid interference with traffic at some future date when additional or new overhead or underground lines are installed.
6. Utilities in Vehicular Tunnels
As a general rule utilities will not be permitted to occupy vehicular tunnels on freeways on new location, except in sPecial cases as covered by Item 2.
Utilities which transport a hazardous material shall not be allowed in a vehicular tunnel under any circumstances.
Where a utility occupies space in an existing vehicular tunnel that is converted to a freeway, relocation of the utility may not be required. Utilities which have not previously OCcupied an existing vehicular tunnel that is incorporated in a freeway will not be permitted therein, except in special cases as covered by Item 2.
7. Access for Servicing Utilities
Access for servicing a utility along or across a freeway should be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads and streets, or (c) trails along or near the highway right-of-way lines, connecting only to an intersecting road, from anyone or all of which entry may be made to the outer portion of the freeway right-ofway.
6

APPENDIX A

135

EXHIBIT 2

In those special cases, where utility supports, manholes, or other appurtenances are located in medians or interchange areas, access to them from through-traffic roadways or ramps may be permitted but only by permits issued by the highway agency to the utility owner setting forth the conditions for policing and other controls to protect highway users.
Where utilities are located outside the control of access line and where such utilities may require maintenance from within the freeway right-of-way, a permit must be obtained from the highway agency.
Advance arrangements should also be made between the utility and the highway agency for emergency maintenance procedures.
8. Construction and Location Details
The highway agency which constructs or maintains freeways has the right to review and approve the location and design of all utility installations and adjustments affecting the highway and issue permits for the contemplated work.
9. Manner of Making Utility Installations and Adjustments
In general, utility installations and adjustments are to be made with due consideration to highway and utility costs and in a manner that will provide maximum safety to the highway users, will cause the least possible interference with the highway facility and its operation, and will not increase the diffcu1ty of or cost of maintenance of the highway.

7

APPENDIX A

EXHIBIT 2

136

Maintenance, Relocation, Etc.. of Facilities of Public Utilitiel

Chapter 672-11

RULES OF
STATE DEPARTMENT OF TRANSPORTATION

CHAPTER 672-11

MAINTENANCE, RELOCATION, ETC., OF FACILITIES OF PUBLIC UTILITIES

TABLE OF CONTENTS

672-11-.01 Dellllitiou 672-11.02 Lolli Diltallce alld Tnmk
Commullicatlolli Cablel; hluallce of Permltl

672.11.03 67211.04

Lolli Dilt...ce ...d Tnmk Commullicatiou Cablel; Permit Fee Schedule Alieraate Procedure for Alleilial Feel

672-11-.01 Definitions. The following words when used in Chapter 672-11 shall have the following meanings unless the context thereof indicates another meaning:

(a) Annual Fee: The fee applied on a yearly basis for the permit issued pursuant to these rules.

(b) Long Distance Cables: Any cable utilized for the purpose of having long distance telecommunkations transmitted through it, except those cables whose predominant use is to provide circuits required to carry communications traffic between telephone subscribers within a
local exchange.

(c) Trunk Communication Cables: Any cable utilized for the purpose

of providing a telecommunications link between two exchange areas ex-

cept those segments of such cables whose predominant use is to pro-

vide circuits required to carry communications traffic between tele-

phone subscribers within a local exchange.

.

Authority Sec. 322.2(b) O.C.G.A. (GL L. 1973, pp. 947, 982); Sec. 32-6-174 O.C.G.A. (GL L. 1973, pp. 947, 1110); Sec.

&0134 O.C.G.A. Admlalltratlve Blltory. OriliJ>a\ Rule .lItitied "DetiDitiODl" wu fi1ed II Emell'acy Rule 672

11-0.23.01 on March 2&, 1985; .ffective March 21, 1985, the date of adoptiOll, to remain ill effect for period or 120

11m' or. daY' or Ullti1 the .ffective d.te permanent Rule IUperoedinc thiI Em,"eoey Rule, II lpecified by the Apney. Tbio

Emell.ney Rule espired July 19, 1985. Amellded: A permanent Rule or the

title adopted. FiJecI July I, 1985;

.ffective July 21, 1985.

672-11-.02 Long Distance and Trunk Communications Cables; Issuance of Permits.

(1) The Department shall follow the same policies, procedures, and standards for approving permits for the installation of long distance and trunk communications cables on public road rights-of-way as ap-
February 24, 1986 (Revlaed)
89

APPENDIX A

137

EXHIBIT 3

~:J

~ Ji

Chapter 67211

Maintenance, Relocation, Etc.. of Facilities of Public Utilities

ply to other types of communication cables except that payment of permit fees shall be required as set forth herein.
(2) Permit fees shall be assessed as an annual payment to be based on miles of line installed along the rights-of-way of a public road. The annual fee is intended to cover direct costs associated with the administration of the permit, the inspection of work, and all indirect costs associated with continued occupancy by the permitted utility. The rate to be assessed shall be in accordance with the rate schedule set forth in 672-11-.03.
(3) The initial annual fee rate shall remain in effect for the year in which the permit is issued and for a period of ten (10) calendar years thereafter. At the end of such ten year period, a new annual fee shall be charged and shall be based on the then established rate schedule.
(4) The permit fees shall apply only to the state highway system and to those local roads and streets which are a part of the Federal-aid system.
(5) There shall be no fee charged for crossings of the state highway system that are not associated with a longitudinal encroachment.
(6) Annual fees shall be prorated from the date of issuance of the permit to December 31, of the year issued and the amount so determined shall be due upon issuance of the permit. For permits issued on or after December 1, of any year, the fee for the ensuing year shall also be due upon issuance of the permit. Thereafter, the annual. fee amount shall be due on January 1 of each new year. All annual fees shall be paid within thirty (30) days after their due date. If the annual fee is not paid within the thirty day period the permit shall be subject to revocation by the Department.
(7) Annual fees shall continue to be due each year so long as the property on which the utility facilities are located remains public road right-of-way or until said facilities are abandoned as evidence by written notification to the Department.
Authority Sec. 32-2-2(b) O.C.GA (Ga. L. 1973. pp. 947. 982); Sec. 32-6-174 O.C.GA (Ga. L. 1973. pp. 947. 1110); Sec.
50-13-4 O.C.G.A. AdmiDiatrative Hlator)'. OriJina1 Rule entitlecl "Lolli Distance aDd Trunk CommUDicatiou
Cablel; Iuuance of Permita" wu filed u Emerseney Rule 672-11-0-.23-.02 on Marcb 25. 1985; efFective March 21. 1985; the dale of adoption. to remain in efrect for a period of 120 dayo or until the efrective dale of a penlWltllt Rule covering the lUIle lubject matler aupenedilll thia Emereeney Rule, u apeciliecl by the Apncy. Tbia Emerpncy Rule
espired July 19. 1985. AmeDded: A permaDeDt Rule or the lUIle title adopted. Fi1ecI July 1. 1985; efFective July 21.
1985.
672-11-.03 Long Distance and Trunk Communications Cables; Permit Fee Schedule.
Februar)' 24. 1888 (ReYl8ecJ)
90

APPENDIX A

EXHIBIT 3

138

Maintenance, Relocation, Etc., of Facilitiel of Public Utilitiel

Chapter 87211

Rate Class L
R1 R2 U

Location
1. Along local roads in rural areas 2. Along State Highways in rural areas:
a. Where ADT is less than 2,000 b. Where ADT is 2,000 or more 3. Along roads and streets inside urban areas

Annual Fee
$l,OOO/mile
$l,OOO/mile $2,OOO/mile $5,OOO/mile

Note:

1. These rates are for a single cable instaIIed aerially on a pole' line or underground by direct bury or in conduit. Where conduit is used,
one additional conduit may be instaIIed simultaneously for use by the
owner for future repairs or replacement of minor cable segments.

2. Where lines of two or more owners are installed simultaneously and in the same trench the above rates shaIl be reduced by 25 percent
for each owner.

3. Where cables are installed on a pole line in joint use with another utility facility the above rates shaIl be reduced by 25 percent.

4. Fees shaIl be calculated to the nearest .01 mile.

5. Urban areas are those cities and environs having a population of 5,000 or more with boundaries defined by the Department and shown on its official highway maps for each area.
Authority s'c, 3222(b) O.C.GA. (Ga. L. 1973. pp. 947, 982); Sec. 32~174 O.C.GA (GL L. 1973, pp. 947. 1110); Sac.
6013-4 O.C.G.A, AdmiAlalrative 8Ialor)'. Oriciul Rule entitled "Lolli DillaDce aDd 'I'nmk CommUDicatlOll&
CabIn; Permit Fee Schedule" or. liled Emeraeney Rule 872-11-0.23.03 OD March 25. 1985; ell'ective March 21. 1985, the dale of adoption. to remain in effeet for a period of 120 daY' or UDtiI the effective dale of a pe........nl RuJe coverinc the aame lubject matler IUpeneclinc thiI Emeraency Rule, u apecilied by the Joeency. Thio Emeraency Rule
expired July 19, 1985, Amended: A perDWlent Rule of the aame title edoplecl. Filed July 1. 1985; dective July 21.
1985.

Rule 672-11-.04 Alternate Procedure for Assessing Fees. In lieu of fees required under paragraphs 672-11-.02 and 672-11.03, the Department may at its option enter into an agreement with a utility for payment of blanket (Jump sum) fees to cover all operations of the utility on State rights-of-way on an annual basis. Such agreements and fees shaII take into consideration the mileage of facilities in place and the amount of current and anticipated permit work within the rights-of-way and the estimated costs to the Department of the util ity's operations. Any such agreements shaII provide for annual adjustments of the fee amount.
Authority O.C.GA Sac. 32-2-2(b) (GL L. 1973, pp. 947. t82); O.C.GA Sac. 32-&-174 (Ga. L. 1973, pp. 947. 1110);
February 24. lll88 (Rnle")
91

APPENDIX A

139

EXHIBIT 3

Chapter 87211

MaiDtenance, Relocation, Etc., of Facilities of Public Utilities

O.C.G.A. Sec. 5O-13-C. AdmbWItratlve at-tory. 0ricUW Rule nutted "AherDate ProcecIure for A.-iDc F_"
_ filed on February 4. 1986; effective Februuy 24. 1986.

February U. 1886
92

APPENDIX A

EXHIBIT 3

140

APPENDIX B
PERMIT FORMS AND SUPPORTING DOCUMENTS

( 19B2)
DEPARTMENT OF TRANSPORTATION State of Georgia
Atlanta, Georgia 30334

APPLICATION AND PERMIT FOR UTILITY FACILITY ENCROACHMENT
~PPLICATION IS HEREBY MADE TO THE GEORGIA DEPARTMENT OF TRANSPORTATION BY:

(UTILITY OWNER - NAME AND ADDRESS)

OR PERMISSION TO CONSTRUCT, OPERATE AND MAINTAIN THE FOLLOWING DESCRIBED UTILITY FACILITY WITHIN THE PUBLIC RIGHT-OF-WAY OF

TATE HIGHWAY NO.

OR COUNTY ROAD NO.

IN

COUNTY.

,ESCRIPTION:

_

,OCATION:

_

'HE UTILITY FACILITIES COVERED HEREBY SHALL BE INSTALLED IN ACCORDANCE WITH THE PLANS ATTACHED HERETO AND MADE A PART HEREOF.

IPPLICANT AGREES TO COMPLY WITH AND BE BOUND BY THE DEPARTMENT'S Yll1l11 ACCOMMODATION POLICY ~ STANDARDS ON FILE IN THE

;ENERAL OFFICES OF THE DEPARHNT OF TRANSPORTATION, MADE A PART HEREOF BY REFERENCE, AND ALL GENERAL PROVISIONS AND SPECIAL

lROVISIONS SHOWN ON THE REVERSE HEREOF, OR ATTACHED HERETO, DURING THE INSTALLATION, OPERATION AND MAINTENANCE OF SAID UTILITY

~ACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY.

)ERMI T REQUESTED TH IS_DAY OF

19_ BY:

-,-_ _---,---,

_

(SIGNATURE)

WITNESS TO SIGNATURE:

(TYPED NAME)

(TITLE)

PERMISSION IS GRANTED FOR THE ABOVE DESCRIBED UTILITY FACILITY ENCROACHMENT IN ACCORDANCE WITH THE PLANS AND PROVISIONS HEREOF.

THIS PERMIT IS TO BE STRICTLY CONSTRUED AND NO WORK OTHER THAN THAT SPECIFICALLY DESCRIBED ABOVE IS HEREBY AUTHORIZED.

PERMIT GRANTED THIS

DAY OF

19_
DEPARTMENT OF TRANSPORTATION

BY:

_....---

(OISTRIcr-ENGINEER!

DiSTRIBUTION AFTER ApPROVAL WHITE - ApPLICANT YELLOW - DOT GENERAL OFFICE BLUE - DOT DISTRICT OFFICE GREEN _ DOT FIELD INSPECTOR

(To BE COMPLETED BY DOT DiSTRICT OFFICE1

DISTRICT No.

COUNTY

STATE ROUTE No.

_ U. S.

CO.RD.No.

PROJECT No.

ACTIVE

PERMIT No.

141

_ _

UNDER CONSTR.

......

APPENDIX B EXHIBIT 1

GENERAL PROVISIONS
IT IS EXPRESSLY STIPUL~TED TH~T THIS PERMIT IS ~ LICENSE FOR PERMISSIVE USE ONLY AND THE ~LACING OF FACILITIES UPON PUBLIC PROPERTY PURSUANT TO THIS PERMIT SHALL NOT OPERATE TO CREATE OR VEST ANY PROPERTY RIGHT IN THE HOLDER.

WHENEVER NECESSARY FOR THE CONSTRUCTION, REPAIR, IMPROVEMENT, MAINTENANCE, SAFE AND EFFECTIVE OPERATION, ALTERATION OR RE-

LOCATION OF ALL OR ANY PORTION OF THE HIGHWAY, AS DETERMINED BY THE DEPARTMENT, ANY OR ALL OF SAID FACILITIES AND APPURTE-

NANCESAUTHORIZED HEREUNDER SHALL BE IMMEDIATELY REMOVED FROM THE RIGHT-OF-WAY, OR RESET OR RELOCATED THEREON, AS REQUIRED ~

BY THE STATE HIGHWAY ENGINEER, AND AT THE SOLE EXPENSE OF THE PERMITTEE UNLESS REIMBURSEMENT IS AUTHORIZED BY SEPARATE AGREE~

MENT. SHOULD THE PERMITTEE FAIL TO REMOVE OR RELOCATE ITS FACILITIES, UPON DUE NOTICE FROM THE DEPARTMENT, PERMITTEE SHALL ~

BE LIABLE FOR ANY EXTRAORDINARY COSTS OR DAMAGfS INCURRED BY THE DEPARTMENT AS A RESULT THEREOF.

.

ApPLICANT AGREES 1U INDEMNIFY AND HOLD HARMLESS THE STATE, THE DEPARTMENT OF TRANSPORTATION, AND ALL OFFICERS, EMPLOYEES OR AGENTS OF THE DEPARTMENT OF TRANSPORTATION OR THE ST~TE, OR ANY POLITICAL SUBDIVISION THEREOF, AGAINST ANY AND ALL CLAIMS, DAMAGES, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES OF WHATSOEVER NATURE, WHIC~ MAY RESULT FROM ANY INJURY TO,
OR THE DEATH OF, ANY PERSONS OR FROM THE LOSS OF, OR DAMAGE TO, PROPERTY OF ANY KINO OR NATURE, WHEN SUCH INJURY, DEATH,
LOSS OR DAMAGE ARISES OUT OF THE CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, REMOVAL OR RELOCATION OF THE FACILITIES COVERED BY THIS PERMIT.

THE DEPARTMENT, ITS ENGINEERS, OFFICERS OR EMPLOYEES SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR INJURY OR DAMAGE THAT MAY OCCUR TO FACILITIES COVERED BY THiS PERMIT, OR TO ANY CONNECTION OR CONNECTIONS THERETO, BY REASON OF HIGHWAY MAINTENANCE AND CONSTRUCTION ACTIVITIES OR HIGHWAY CONTRACTOR OR PERMITTEE OPERATIONS. THE DEPARTMENT'S CONTRACTOR SHALL NOT BE HELD LIABLE FOR ANY DAMAGE THAT MAy OCCUR TO UTILITY FACILITIES IF THE PERMITTEE HAS BEEN NOTIFIED OFA CONSTRUCTION CONFLICT AND GIVEN REASONABLE TIME TO MARK OR RELOCATE ITS FACILITIES BUT HAS FAILED TO 00 SO.

IF THE DEPARTMENT UN~ERTAKES TO IMPROVE THIS HIGHWAY IT SHALL BE THE RESPONSIBILITY OF THE PERMITTEE TO PLAN WITH THE DEPARTMENT AND ITS CONTRACTOR A SCHEDULE WHICH WILL CLEARLY SET FORTH AT WHICH STAGE OF OPERATIONS THE PERMITTEE WILL BE REQUIRED TO PERFORM ANY ADJUSTMENT TO ITS FACILITIES NECESSARY TO ACCOMMODATE THE HIGHWAY IMPROVEMENTS.
DURING THE INITIAL INSTALLATION OR CONSTRUCTION OF FACILITIES AUTHORIZED BY THIS PERMIT, OR DURING ANY FUTURE REPA'~, REMOVAL OR RELOCATION THEREOF OR ANY MISCELLANEOUS OPERATIONS, THE PERMITTEE SHALL, AT ALL TIMES, MAINTAIN FLAGMEN, SIGNS, LIGHTS, FLARES, BARRICADES, AND OTHER SAFETY DEVICES IN ACCORDANCE WITH THE DEPARTMENT'S ~~ UNIFORM TRAFFIC CONTROL DEylCES AND AS MAY BE NECESSARY TO PROPERLY PROTECT TRAFFIC UPON THE HIGHWAY AND TO WARN AND SAFEGUARD THE PUBLIC AGAINST INJURY OR DAMAGE.

IT IS EXPRESSLY PROVIDED THAT WITH RESPECT TO ANY LIMITED ACCESS HIGHW~Y, THE PERMITTEE SHALL NOT HAVE OR GAIN DIRECT ACCESS, EITHER INGRESS OR EGRESS, FROM THE MAIN TRAVELED WAY OF SAID HIGHWAy OR ITS ON OR OFF RAMPS TO ANY FACILITIES AUTHORIZED BY THE PERMIT EXCEPT UPON SPECIFIC APPROVAL BY THE DEPARTMENT.

IT IS THE APPLICANT'S RESPONSIBILITY TO VERIFY THE LIMITS OF PUBLIC RIGHT-OF-WAY FOR LOCATION OF THE UTILITY FACILITIES AUTHORIZED HEREBY.

No INHERENT OR RETAINED RIGHT OR PRIVILEGE OF ANY ABUTTING PROPERTY OWNER IS AFFECTED BY THIS PERMIT NOR IS THE DEPARTMENT RESPONSIBLE FOR ANY CLAIM WHICH MAy DEVELOP BETWEEN THE PERMITTEE AND ANY PROPERTY OWNER CONCERNING USE OF THE RIGHT-OFWAY. PERMITTEE IS RESPONSIBLE FOR MAINTAINING REASONABLE ACCESS TO PRIVATE DRIVEWAYS DURING INSTALLATION OF ITS FACILITIES AND FOR RESTORATION OF DRIVEWAYS TO THE OWNER'S SATISFACTION.
ApPROVAL OF THIS PERMIT DOES NOT CONSTITUT~ APPROVAL OF DESIGN OR CONSTRUCTION DETAILS FOR THE PROPOSED FACILITIES. ApPLICANT IS RESPONSIBLE FOR COMPLIANCE WITH ALL 4PPLICABLE GOVERNMENTAL CODES AND REGULATIONS.

USE OF EXPLOSIVES WITHIN THE ROADBED OR BENEATH THE PAVEMENT IS PROHIBITED UNLESS APPROVED BY SEPARATE PERMIT.

ApPLICANT SHALL BE RESPONSIBLE FOR OBTAINING APPROVALS FOR THE PROPOSED INSTALLATION WHICH MAY BE REQUIRED BY ANY LOCAL GOVERNMENT ON ROADS O~ STREETS UNDER THEIR JURISDICTION OR BY ANY OTHER AGENCY.
PERMITTEE SHALL GIVE THE DEPARTMENT A MINIMUM OF 2~ HOURS NOTICE PRIOR TO BEGINNING ANY WORK UNDER THIS PERMIT.

THIS PERMIT SHALL BE VOID UNLESS WORK HEREUNDER IS BEGUN WITHIN TWELVE (12) M0NTHS OF THE DATE OF ITS APPROVAL.

THE PROVISIONS OF THIS PERMIT ARE REGULATORY AND NOT CONTRACTUAL. No INTEREST OR RIGHT OF AN APPLICANT CRANTED BY THIS PERMIT MAY BE TRANSFERRED TO ANOTHER EXCEPT BY WRITTEN CONSENT OF THE DEPARTMENT.
THIS PERMIT MAY BE REVOKED AT THE PLEASURE OF THE DEPARTMENT UPON THIRTY (ao) DAYS WRITTEN NOTICE TO THE PERMITTEE.

SPECIAL PROVISIONS

THE INSTALLATION COVERED BY THiS PERMIT HAS BEEN COMPLETED IN ACCORDANCE WITH THE PROVISIONS OF THE PERMIT AND THE PLANS ATTACHED HERETO.

DATE:

_ SIGNED:

_

APPENDIX B 1 I. ')

00"1" 41!-X

" GEORGIA DEPAll.TMENT OF TRANSPORTATION SUPPL~NTAL PERMIT FOR USE OF EXPLOSIVES

Utility Permit 1lo.,

_

'Application is hereby made bi

~~-~-~~~~~~-~------------------------(Applicant-UtilitY Owner)

for pe~lssion to use explosives in the process of installing the utility facilities authorized

in the above referenced Permit approved by the Department of Transportation on

.'

Blasting will be performed at

(Date)

......,,.,...__"':""=..,-....,,.. -:---:-

_

(Specific Location)

Applicant agrees to comply with the following Special Provisions:

1. All blasting under this permit shall be performed in accordance with the attached Opera-

tion Procedures. The person named therein as being in responsible charge will be presen

at the blasting site at all times when explosives are at the site or in use.

2. Liability insurance in the amount of $

will be provided by the Appli-

cant or other person or agency performing blasting under this permit.

3. The Department of Transportation representative:

-;::;--.

_

(Name)

(Address and Telephone)
will be notified at least 24 hours in advance of any blasting under this permit. 4. No explosive materials shall be stored on the State right-of-way at any time except in
quantities to be used during a single day's operation. No overnight storage shall be percitted. 5. The Permittee, his contractor, or other persons performing work under this permit shall exercise the utmost care not to endanger life or property, and shall obey all State. Federal and other Governmental regulations applying to transportation. storage. use and control of explosives.
6. The Permittee shall notify each public utility owner having structures or other installations. above or below ground, near the site of the work of his intent to use explosives. Such notice shall be given sufficiently in advance to enable the utility owners to take
such steps as they deem necessary to protect their property from injury. 7. Traffic signing and control shall comply with Part VI of the Georgia Manual for Uniform
Traffic Control Devices. 8. Traffic (is) (is not) to be stopped within 500 feet of the site when blasting is in
progress. 9. Any da~age which occurs to the road~ay as a result of blasting shall be immediately cor-
rected by the Permittee and may be"~ause for suspension of further blasting. 10. Any tunnel liners in place before blasting begins shall be grouted up to the point where
explosives are to be used before the use of such explosive. 11. Deviations from the provisions of this Permit and the attached Operation Procedures shall
not be allow~d without prior approval of the Department of Transportation.

Permit Requested this

day of

.19 _

Applicant-owner

APPr:OVAL RECO:I:-:EflDED:

District Engineer

State Materials &Research Engineer

PERMIT C~\~1rD for use of explosives at the Specific Location described above in accordance with plans and Operation Procedures attached heretu.

This

day oC

.19_.

GEORGIA DEPAll.nlENT OF TRANSPORTATION

..!ly:
STATE urILITlES ENCIKEER

APPENDIX B

143

EXHIBIT 2

Attachment To:

Permit No.,

_

BLASTING OPERATION PROCEDURES

Person to be in resp~nsible charge of work at all times when blasting is in progress:

(Hame)

(Title and Address)

Q u a l i f i c a t i o n s :_ _~~_:_--_=_-__:_--__=,___:_--------------------(Training, Experience, Etc.)

References from recent work:

(Name and Address)

Other consultants or experts to be used:

__

Type of explosive materials and equipment to be used :

:--

_

Approximate duration of blasting work:,

__

Estimated frequency and number of detonations required:

_

Estimated depth of material to be removed with each detonation:

_

Minimum vertical distance from top of proposed tunnel to roadway surface:

_

Source of supply of explosives:

_

Method of transport to job site:

___

Provisions for storage :,

_

Special procedures and precautions to be followed:

_

---- ----------,-------------------

APPENDIX B

EXHIBIT 2

144

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COLQUITT' BERRIEN , COOK

J. ' ,Sf " -r\'L-,-'''1' 'r-.-.2..~LAN,r. !

..../,r

.. I ~I Dr C'TUO GO'DV

I'

I I THO...S

r\l) -\.I aOOOKS

L..
LOWNDrs (

CLINCH ...... - - . \ .

~

? \--.

i ECHOLS

':1-.. _

' ~'~

F

L

o

R

145

o

A

APPENDIX B EXHIBIT 3

GEORGIA DEPARTMENT OF TRANSPORTATION DISTRICT OFFICES

District #1 - Gainesville, Georgia District Engineer Georgia Department of Transportation P. O. Box 1057 Gainesville, Georgia 30503

Telephone: 404-532-5526

District #2 - Tennille, Georgia District Engineer Georgia Department of Transportation 801 Fourth Street, P. O. Box 8 Tennille, Georgia 31089

Telephone: 912-552-7311

District #3 - Thomaston, Georgia District Engineer Georgia Department of Transportation 715 Andrews Drive, P. O. Box 711 Thomaston, Georgia 30826

Telephone: 404-647-1000

District #4 - Tifton, Georgia
District Engineer Georgia Department of Transportation 710 West Second Street Tifton, Georgia 31793-5301

Telephone: 912-386-3280

District #5 - Jesup, Georgia District Engineer Georgia Department of Transportation Pine Street Extension, P. O. Box 608 Jesup, Georgia 31545

Telephone: 912-427-9081

District #6 - Cartersville, Georgia
District Engineer Georgia Department of Transportation U.S. 41 South, P. O. Box 10 Cartersville, Georgia 30120

Telephone: 404-382-3120 Ext. 230

District #7 - Chamblee, Georgia
District Engineer Georgia Department of Transportation 5025 New Peachtree Road, N.E. Chamblee, Georgia 30341-3193
APPENDIX B
li'YUTP.T'T' ~

Telephone: .404-986-1001

SPECIAL ASSURANCES FOR UTILITY CONTRACT WORK WITHIN PUBLIC RIGHT-OF-WAY
Project Identification:
Contract Identification: - - - - - - - - - - - - - - - - - -
All work under this contract which is to be performed on public right-of-way under control and permit of the Georgia Department of Transportation shall be done in compliance with the terms and conditions of the Department's permit, including its utility installation standards and specifications. The Department shall have the right to inspect the work and to require any action necessary to correct all deviations from said terms and conditions.
Contractor agrees that the Georgia Department of Transportation shall not be held liable for any extra expense or damages to the contractor as a result of the requirement for compliance with the Department's standards and specifications or any corrective action which the Department may order in enforcement thereof.
Company
Contractor's Authorized Representative

147

APPENDIX B EXHIBIT 4

DOT 113
"E\'. 12-76

DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA
PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That Wtl,

__

(hereinafter called the Principal), as Principal, and

INAME OF PERMIT APPI..ICANT 0" CONTRACTOR FOR APPLICANTI

the
tNXME OF SuRETf COMPANY) .

a

.

corporation having Its principal oCCice

eSTATE WHERE SURETY WAS INCORPORATEDI

and place or business at IHOME OFFICE ADORESSI

and Local address at ~===ISTREET.

_ _ --::~~

~="""'="'_

CITY

STATE)

and duly authorized to do business in the State of Georgia, (hereinafter called the Surety), as Surety, are held finnly bound unto tbe Department or Transportation, Highway Division as Obligee. (hereinafter called the Owner) in the sum of :-:-::~:::-_
IAMOUNT

____ ~ Dollars (S
TO IlE FURNISHED BY DOTI

) for the payment whereof, Principal and Surety bind themselves, their heirs,

executorlJ, administrators, successors. and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Permit Applicant has submitted application (s) to Owner for (a) certain written permit form (s) which form (s) (is) (are) herebY referred to and made a part hereof as fully and to the same extent as if copied at length herein. Said

application form (s) (is) (are) dated
IMONTH

approximately. The purpose of this Bond is to guarantee
YEA")

that thp Prmcipal (as listed above) will comply with all stipulations, requirements and specifications of said permit (s) No.

(s)

, which permit (s) the Department of Transportation, Highway Division is to approve and

It'S TO BE PROVIDED BY DOT FRIOR TO EXECUTION OF THIS BONDI

issue to

upon receipt of this bond. The above permit (s) (is) (are) to

INAME OF PERMIT AP"LICANT ONLY)

auLhorize certain construction work as described therein within the right-of-way of

in

_ _ _ _ _ _ _ _ _ _ . County at

1ST. HWY. " ROAD NAME, PROJECT " ETCJ

(APPROX. LOCATIONI

NOW, TIiEREFORE, TIlE CONDITION OF TIiE FOREGOING OBLIGATION IS SUCH, that if the Principal shall well and truly perform and fulfill all the undertakings,convenants, terms, conditions and agreements of said permit(s) and shall also well and truly perronn and fulfill all the undertakings, convenants, terms, conditions and agreements of any and all duly authorized modifications of said permit (s) that may hereafter be made, then this obligation shall be void; otherwise. it shall remain in full force. Principal must obtain a Written Release from Owner before this bond may be voided or terminated or allowol! to lapse.

If the Principal and/or Permit Applicant, if different does any work on Highway right-of-way prior to approval and lssuanc:e of the above described permit, this bond is herebY extended to cover any removal or corrective action determined necessary hy the owner. If the permit is never issued and the Principal and/or Permit Applicant, if difrerent encroaches onto State riv;ht-of-way the Principal and Surety are also obliged to take whatever action is deemed necessary by tbe o'wer to correct such unauthorized encroachment.

The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above.

No claim, suit or action shall be brought hereunder after the expiration of two (2) years following the date upon wbich the Principal is released from this bond. If this limitation is made void by any law, controlling the constroction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law,

No ri~ht of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors or Owner.

Signed, sealed and dated this

day of

19 _ _

WITNESS:

B Y ~(NAME C" PRINC,I"ALI

_

APPENDIX B EXHIBIT 5

INAME 0' SURETY) O"NEYIN.FACTI

(Phone Ii)

,
APPENDIX C .
FORMS AND GUIDELINES FOR UTILITY ADJUSTMENTS
ON CONSTRUCTION

PROJECT NUMBER _----l(2)o.::2~

ROUTE NUMBER

.

NAME OF UTILITY OWNER

UTILITY ADJUSTMENT SCHEDULE

COUNTY

G)

ROAD NAME

~(7)~

TYPE OF EXISTING FACILITIES:


Date: ill

P.I. NO. .
~6


_
_

DESCRIPTION AND QUANTITY OF WORK REQUIRED TO CLEAR CONSTRUCTION


GIVE DETAILED EXPLANATION OF WORK SCHEDULE INCLUDING STAGING REQUIREMENTS AND CALENDAR DAYS TO COMPLETE EACH PHASE
-'------------

PERSON TO CONTACT FOR CONSTR~CTION COORDINATION



NAME

TITLE

TEL. NO.

~ PREPARED BY ~UT:==I~Ll-:T:-Y-:R:-=E~PR:-::E~S E:':":N=TA='=T:":IV::-::E:-------'("'fiTE!'TLyEpIlTHiI'iOii'lNE~) REVIEWED _@.;;;3"---

_

APPENDIX C

149

EXHIBIT 1

UTILITY ADJUSTMENT SCHEDULE PROCEDURES
The Utility Adjustment Schedule will be submitted by each utility owner for each project to the District Utility Office with the preliminary construction plans that have been marked to show existing and proposed locations of utility facilities.
The Dist~ict Utility personnel will review the schedules. If more than 60 days are scheduled to complete the utility relocation or adjustment, or staging is requested ~he Department's Utility representative will confer with the utility owner to reach an agreement on the amount of extra time allowed for the utility work and the staging requirements.
If the schedule needs revised, the original Utility Adjustment Schedule will be marked by the Department's Utility representative to show the revisions. The person marking the revisions will initial the schedule in the blank provided in the lower right hand corner.
The approved Utility Adjustment Schedules will be sent to the appropriate design effice along with the marked utility plans to be incorporated inte
the plans and special provisions. Copies of the schedules should also be sent to Contracts Administration and Engineering Services.
A copy of the approved Utility Adjustment Schedule will be returned to the utility owner along with the notice to proceed with their work. This notification is sent to the utility owner when the project is advertised for bid.
The following is a list of instructions for completing the Utility Adjustment Schedule. (See attached Schedule)
1. The date the Utility Adjustment Schedule is prepared.
2. The Department of Transportation's project number.
3. The county or counties where the project is located.
4. Department of Transportation's Project Identification Number.
5. State and U. S. Route designations.
6. Show name of road if know.
7. Name ef the utility owner submitting the Utility Adjustment Schedule.
8. A description of all facilities in place. Includes facilities that will not require relocation or adjustment. Give sizes and material type for pipelines.
9. A brief explanation of the utility work required for the roadway construction project. Include description, length or amount,_and work required for each facility.

APPENDIX C

EXHIBIT 1

150

10. Show a schedule for all utility work to be accomplished. This should include the number of calendar days to complete each phase of work. If all work cannot be accomplished within the normal 60 days, give reasons. If staging is requested, give staging requirements. Include work by DOT and others. Show type and location (Station Numbers) of work to be staged.
11. Name, title, and phone number of the utility owner's representative who will be fam~liar with the construction requirements-and procedures and can answer questions from the Department or its contractor.
12. Signature and phone number of the person preparing the Utility Adjustment Schedule.
13. Initials of the Department of Transportation's representative reviewing the Utility Adjustment Schedule.

APPENDIX C

151

EXHIBIT 1

Project:

County:

_

Page 1 of 2

mlOIW.'DUH OF UNDERSTANDING
between the Ceorgia Department of Transportation (hereafter the DOT)
and (hereafter the Owner)

. 1lhereas the DOT proposes to undertake 'a proj ect t~ improve

.......;

_

(Description) by c~ntract through its competitive bidding procedures. and;

1lhereas the Owner has the following utility facilities which must be adjusted C~

relocated as a result of the proposed contract:

___

and.

1lhereas the Owner does not have adequate equipment and staff to adjust its facili-

ties or for other reasons considers it advantageou~ to have this work included in the

contract to be let to bid by the DOT. now therefore.

The following is hereby mutually agreed to and understood by both parties:

1. The preliminary engineering. including preparation of detailed plans and

contract estimate for adjustment of the utilities described above will be

accomplished by (the DOT. the Owner. or. the Owner'a Consultant),

___

(Insert Appropriate Name) 2. .The plans and estimate for the utility work shall be aubject to approval of

both the DOT and the Owner prior to advertising for bids.

3. All work necessary for the adjustment or relocation of the described utilities

in accordance with the final plans when approved ahall be included iD the hi&h-

vay contract and let to bid by the DOT except as fol1owa:

___

(Materials or services to be provid~d by the Owner.)

APPENDIX C

EXHIBIT 2

152

Page 2 of 2
4. All construction engineering and contract 8upervision shall be the reaponaibility of the DOT and the DOT shall be responsible to assure that all utility work is accomplished 10 accordance with plana and specifications and to consult with the ~-ner before authorizing any changes or deviations Which affect the Owner's facility.
S. The Owner shall have the right to visit and inspect the work at any time .and advise the DOT Engineer-in-Charge of any observed discrepancies or potential problems. The DOT agrees to notify the Owner"when all utility work is completed and ready for final inspection by the Owner.
6. A determination as to any payment due, to either the Owner or the DOT from the Other, as a result of work described 10 this Memorandum, will be made by the DOT in accordance with its current policies. If compensation i8 due either party, a separate Force Account Agreement will be prepared by the DOT and executed by both parties before payment is to become due.

APPROVED FOR THE O~1NER BY: (Signature) (Title)

(Date)

Al'pr,OVED FOR THE DOT BY:

(Signature)

STATF. UTILITIES ENGINEER

Force Account Agreement to be required?

yes

No

(Date)

APPENDIX C

153

EXHIBIT 2

SUGGESTED FORM FOR PRESENTING ENGINEERING FEES

CLASSIFICATION Bare Labor(PerHr.)

Design Engineer ~$

__

Draftsman

PRELIMINARY ENGINEERING Overhead(PerHr.) Total Rate

$

$

Hours
.L-

Total
$

Party Chief

Chainman

Other (Specify)

COST OF LABOR

.:%,.$

_

INCIDENTALS

Transportation mi.@

. per mi.

$-

Subsistance

days @

per day

II

Other (Speci fy)

COST OF INCIDENTALS

.:%,.$

__

* FIXED FEE (PROFIT)

rOTAL PRELIMINARY ENGINEERING

-----------------------------------------~------------ ----------------------------------------

CONSTRUCTION ENGINEERING CLASSIFICATION Bare Labor(PerHr.) Overhead(PerHr.) Total Rate Hours

Total

Engineer

$

Inspector

$

$

.L- $

Party Chief

Chainman

Other (Specify)

COST OF LABOR

.:%,.$

_

INCIDENTALS

Transportation mi.@

per mi.

.$

Subsistance

days @ per day

.

Other (Specify)

* CFOIXSETDOFFEEINC(PIDREONFTIATL)S

z$--

___

TOTAL CONSTRUCTION ENGINEERING

___

TOTAL PRELIMINARY AND CONSTRUCTION ENGINEERING

==$==z=============-=~

* The above is an estimate only. The Consultant will be paid for actual expenses incurred plus

the FIXED FEE above up to the total amount estimated. If the scope of the work chances, a

revised estimate will be required and the FIXED FEE may be re-negotiated.

~

APPENDIX C

EXHIBIT 3

154

Revised 9-23-86
SUGGESTED GUIDELINE FOR PREPARATION OF DETAILED ESTIMATE
TO SUPPORT
FORCE ACCOUNT AGREEMENT (REF. Federal-Aid Highway Program Manual Volume 6, Chapter 6, Section 3, Subsection 1 dated September 6, 1985 (FHPM 6-6-3-1), Utility Relocations, Adjustments and Reimbursement.
The attached format is recommended for preparation of the cost estimate but is not mandatory. The Company may develop its own form. However, the following guidelines are to be utilized to insure compliance with State and Federal requirements.
1. Identify preliminary engineering and construction engineering separately.
2. Separate consultant expense from work by Company forces and include detail of consultant costs.
3. Separate right of way payments for easements or deeds from costs of acquisition such as appraisal, negotiation and recording costs.
4. For all labor charges show classification, hours, base pay rate and additives.
5. List all major items of materials by quantity and unit price.
6. Show equipment hours or miles and rate, and basis upon which rates are determined.
7. Show basis of computing any overhead charges included in the estimate.
8. Separate costs for Temporary and Permanent construction.
9. Separate all charges for contract work.
10. When applicable in accord with Paragraph 10h, FHPM 6-6-3-1 show computation for accrued depreciation (expired service life) including original cost, age, and estimated total life expectancy of facilities being replaced.
11. When applicable in accord with Paragraph 10 e, FHPM 6-6-3-1 show quantity and value of materials salvaged.
12. When applicable in accord with Paragraph 10 h, FHPM 6-6-3-1 computation of betterment costs for increase in fuctional capacity or for any work included in the estimate which is not eligible for reimbursement.

APPENDIX C

155

EXHIBIT 4

Page 1 of 10

PROPOSAL AND ESTIMATE TO SUPPORT AGREEMENT FOR REMOVAL AND RELOCATION OF FACILITIES IN CONFLICT WITH HIGHWAY CONSTRUCTION

1. Company:

(Name)

(Address)

Estimate Prepared By:- - - - - - - - - - - - - - - - - - - - - - -

2. Project No:

County:

_

3. D.O.T. Project Location &Description - PIn

_

4. Method of Accounting: (Par. 8f and 10, FHPM 6-6-3-1) a. Work Order Accounting Procedure prescribed by regulatory body. b. Established accounting procedure approved by State and FHWA. c. Agreed Lump Sum. d. Other (Including use of H.D. 465)
This estimate has been prepared by the Company in accordance with FHPM 6-6-3-1, issued by FHWA, to support a Force Account Agreement between the Company and the Department. The work will be performed and the costs accounted for in accordance with the methods described herein. Costs will be recorded as provided by paragraph 8 or 10 of FHPM 6-6-3-1. Equipment rental rates, salvage credit, accrued depreciatio credit, (expired service life) and betterment credit have been given due consideratio and proper explanations have been noted in the Estimate where applicable and as provided by FHPM 6-6-3-1. Claim for reimbursement of costs shown in this Estimate is based on the attached Certificate of Eligibility for Reimbursement which is made a part hereof.

APPENDIX C EXHIBIT 4

(Authorized Company Representative} ( Date)
156

,Page 2 of 10

SUMMARY OF COSTS

ITEMS

TEMPORARY PERMANENT TOTAL

5. P.E. COST

$

6. RIGHT OF WAY ACQUISITION

$

7. CONSTRUCTION COSTS

$

8. TOTAL COST OF PROPOSED RELOCATION

$

9. ACCRUED DEPRECIATION AND SALVAGE CREDITS (a) Accrued Depreciation (b) Salvage TOTAL ACCRUED DEPRECIATION AND SALVAGE
10. TOTAL COST OF RELOCATION LESS CREDITS FOR ACCRUED DEPRECIATION AND SALVAGE (Item 8 less Item 9)
11. BETTERMENT CREDIT 12. TOTAL ESTIMATED COST OF REIMBURSABLE ADJUSTMENTS
(Item 10 less Item 11)

$ $ (-) $
$ (-) $
$

13. The total cost of the work proposed (less applicable credits for _acc_ru_ ed _de_pr_eci_ati_on_an_d _sal_va_ge_va_lu_e)Iitsemest1i0m. ated to be-$- ' - - - - - - - -

The total cost of reimbursable adjustments (actual non-betterment

work, less applicable credits for accrued depreciation and salvage

value) is estimated to be $

Item 12.

It is agreed that the share of costs to be borne by the Company is

$

Item 11, or

percent, and the sha-r-e-:o:f,-c-o--s-ts:--to---b:e-;b-o-r.n.e.--b~y

"7'"thre-----;::D-ep-a-r"7'"tm-e-n-:"t-t.,....o-.-b-e....$..---

Item 12, or

_ _ _ _ _ _ _ _ _ _p,ercent.

APPENDIX C

157

EXHIBIT 4

DETAILED ESTIMATE

Page 3 of 10

5. PRELIMINARY ENGINEERING (Par.6, FHPM 6-6-3-1)

(a) Preliminary Engineering authorized on this project by Department

of Transportation letter dated:

__

(b) Plans and Estimate prepared by:

) Forces of this Company

) Cons u1 tant.__--r=-:------r

_

(Name)

(Address)

Approval of Consultant given by Department of Transportation letter

dated

. Amount:....---------------

) The Certificate of Consultant Form is attached to the Consultant's

Estimate of Engineering Services.

(c) Detail of Preliminary Engineering Costs

(1) Classification

Total Rate Hours Totals

Cos t 0 f Labor (2) Equipment and Mileage

$------

(3) Other Expenses

(4) Fixed Fee (Applicable to outside forces only)

TOTAL PRELIMINARY ENGINEERING

$------

APPENDIX C

EXHIBIT 4

158

Page 4 of 10

6. RIGHT OF WAY ACQUISITION (Check one of the following) (Par.l, FHPM 6-6-3-1)

Repl acement R/W or Easements are not requi red for adjustment of

utilities facilities on this project.

) Replacement R/W shown on the plans will be acquired by the Department. (Separate written request must be furnished)

( ) Replacement R/W or Easements shown on the plans will be acquired by

the Company. This involves the following costs:

(a) Appraisal and Negotiation Costs (b) Recording Costs (c) R/W or Easement Cost

$- - - - - - - - - - - -

$- - - - - - - - - - - -

$

_

TOTAL COST OF RIGHT OF WAY

$

_

7. CONSTRUCTION (Par.9 and 10, FHPM 6-6-3-1)

(a) Description of Proposed Utility Work

(b) The Company will perform the work provided for in this Estimate by the following method: (Check one of the following.) (Par.9 FHPM 6-6-3-1).

(1) ( ) BY COMPANY'S REGULAR FORCES: The Company proposes to
use its regular construction or maintenance crews and personnel at its standard schedule of wages and working hours in accordance with the
terms of its Agreement with such employees.

(2) ( ) BY CONTRACT: The Company does not have adequate staff or equipment to perform the necessary work with its own forces, therefore, the Company, (subject to approval of the Department and FHWA) proposes to contract the work covered by this estimate in accordance with the provisions of paragraph 9 (a), FHPM 6-6-3-1. The items of work to be accomplished by contract are noted in this estimate. When the Company elects to solicit competitive bids from a list of qualified contractors rather than through advertising in a publication, the names and address of these contractors so circularized shall be noted on the estimate or furnished to the Department
in advance of the Company's solicitation of bids.

NAME

ADDRESS

APPENDIX C

159

EXHIBIT 4

Page 5 of 10

7. (b)

(3). ) BY EXISTING WRITTEN CONTINUTING CONTRACT: Paragraph 9a(FHPM 6-6-3-1

Subject to the approval of the Department and the FHWA s the Company proposes to use an existing continuing contract under which certain

work as shown by the Company's estimate is regularly performed for the

Company and under which the lowest available costs are developed. The

name of the contractor or contractors are listed in the Company's estimate.

NAME

ADDRESS

(c) Detail of Construction Costs 1. Labor (Par. 10 FHPM 6-6-3-1)
CLASSIFICATION HOURS(UNITS) RATE(UNIT COST) Temporary

Permanent

2. Additives (Labor)

Overhead

Taxes

Insurance, Etc.

Total Additives Costs

$,

$

3. Engineering Services by Consultants

(If required on construction)

$

$

Total Construction Labor Costs

$

$

APPENDIX C

EXHIBIT 4

160

7. (c) (4) Materials (Par. 10e, FHPM 6-6-3-1) (a) Kind Units Unit Price

Page 6 of 10 Temporary Permanent

(b) Materials Handling Cost (Par. 10)

$

$

Total Materials Cost

$

$

5. R/W Clearing and Trimming

$

6. Equipment (Par.10f, FHPM 6-6-3-1)

) Equipment Rate Sheet (HD 506) is attached.

Type&Si ze Hours Rate

Temporary Permanent

Total Equipment Costs TOTAL CONSTRUCTION COSTS 8. TOTAL COST OF PROPOSED RELOCATION (Total of Items 5 thru 7)
161

$---- $----$---- $-----
$---------
APPENDIX C EXHIBIT 4

Page 7 of 10 9. DETAIL OF ACCRUED DEPRECIATION AND SALVAGE CREDITS
(a) Accrued Depreciation (Expired Service Life) (Par.10h FHPM 6-6-3-1) ( ) Accrued Depreciation is not allowed in this estimate. ( ) Accrued Depreciation is allowed is this estimate by use of the following formulas for the accrued depreciation of the following utility facility being replaced. Circle the appropriate item: Buildings Pumping Stations Filtration Plants Power Plant, Substations or any other similiar operational unit.
1. Original Cost of Facility to be replaced (From Company Records). (Explain the following items in detail). a. Labor b. Materi al s c. Equipment d. Other Total Original Cost

Actual Length of Service (__Yrs.)
x
Total Life Expectancy (__Yrs .)

# Original Cost of facil ity
($

= $- - - - -
) Accrued Depreciation Credi t

APPENDIX C

EXHIBIT 4

162

Page 8 of 10
(b) Salvage - (Par. 10(e), FHPM 6-6-3-1 (Check the applicable statement) ) Salvage is not allowed in this estimate because:

( ) Salvage from temporary material is not allowed because:

( ) Salvage is allowed in this estimate.

( ) Salvage from Temporary Material is allowed.

The Department and the Division Engineer shall have the right to inspect

recovered materials prior to disposal by sale or scrap. This require-

ment will be satisfied by the Company giving two weeks written notice to the

Department or oral notice followed by written confirmation of the time and

place the materials will be available for inspection. This notice is the

responsibility of the Company and it may be held accountable for full value

of materials disposed of without notice. If recovered materials are not

useable they shall be disposed of as outlined in Paragraph (10 (e), FHPM

6-6-3-1) .

Kind
Size &Type

Unit Value

Temporary

Permanent

Salvage Credit

$

$

_

Total Accrued Depreciation and Salvage Credit (-)

$

_

10. TOTAL COST OF RELOCATION LESS CREDITS FOR ACCRUED DEPRECIATION

AND SALVAGE VALUE (Item 8 less Item 9)

$

__

APPENDIX C

163

EXHIBIT 4

Page 9 of 10

11. BETTERMENT CREDIT (Para. 10h, FHPM 6-6-3-1)

( ) Betterment credit is not allowed is this estimate since
there is to be no functional increase in size in the replaced facility unless caused by the proposed roadway construction.
( )Betterment credit is allowed is this estimate, as shown in the following comparison.

Location of Betterment -------"r-;;_,-;\"'~"~.ation or Street)

(a) 1. Cost to Install Proposed Facilities for Increased Capacity (When Utility desires to better their adjusted or relocated
facility).

P.E. Charges

$

Labor

$,

Materials

$,

Equipment

$

Excess R/W Cost

$,

Salvage Removal Cost

$

Total

$

2. Cost to Install Facilities to Produce Present Capacity (adjustments and/or relocation without increase of functional capacity).

P.E. Charges Labor ~1ateri a1s Equipment Required R/W Salvage Removal Cost Total Total Betterment Credit (1-2)

$-----

$-----

$-----

$-----

$-----

$-----

$-----

(- )

$,-----

12. TOTAL ESTIf1ATED COST OF REIMBURSABLE ADJUSTMENTS (Item 10 less Item 11)

$,-----

13. PROPORTIONATE SHARE (See Summary Sheet for Proportions). ( ) The Department will bear 100% of the cost of the adjustment ( ) The Company will participate in the cost of adjustments due to betterments.

APPENDIX C

EXHIBIT 4

164

CERTIFICATE OF ELIGIBILITY FOR UTILITY REIMBURSEMENT

, ..... :1'"'" I \J U I I U

GEORGIA PROJECT:- - - - - - - - - - - - - - - -

COUNTY:.

_

Location of
facility by Hi ghway Sta., Cross Road,
Street, etc.

Date existing
faci 1i ty was
i nsta lled by Utility Owner

Show whether existing facilities Remarks
were installed on private property by deed or easement, or on roads and streets by permit franchises, etc. Show dates of deeds, easements, permits, franchises, etc.

*Case Number of rei mbursement eligibility (See Chapter 4 of Utilities (Manual)

Attach additional sheets as reQuir.ed This is to certify that the ltility facilities as presently existing and as to be adjusted
or relocated and shown on the plans and estimate of cost supporting the Force Account Agree-
ment for which reimbursement is to be claimed, are owned, operated and maintained by_~~~ ~~~~-~~~~-~~-~~~~~~--~---~~~. The facts concerning location of utility facilities, dates of installations and records of the Company showing its property interests will be made available for inspection by representatives of the Department at the
Office of the Company. It is further certified that the facilities shown as located on private
property are correctly shown; that the facilities as located on streets and roads or other
public property are correctly shown; further, that above information as to title records,
permits and franchise rights are correctly shown.

DATE:

BY: AUTHORIZED REPESENTATIVE OF COMPANY

The facilities noted above have been reviewed in the field with a representative of the Utility Owner. This is to certify that the facilities noted above and shown on the plans to be on streets and roads or other public property is correct, and the facilities shown to be on private property is correct; further, that the cost of adjustment as covered by the attached estimate is eligible for reimbursement by the Department under the above noted
case(s), as described in Chapter 4 of the Utilities Manual.

*Classification to be made by the field representative.

DATE:

BY: DISTRICT ENGINEER

APPENDIX C

165

EXHIBIT 5

~

GEORGIA DEPARTMENT OF TRANSPORTATION
Guidelines for Documentation of Preliminary Engineering Costs for Utility Adjustments and Relocations

A. General:

1. The provisions of Federal Highway Adminis tra tion FHPM 6-6-3-1, issued September 6, 1985 and any
subsequent revisions or amendments thereto, and the Department of Transportation of Georgia (DOT) Utility Accommodation Policy and Standards, current issue, shall
govern in determining eligibility for reimbursement, allowable expenses and rates, and procedures for
documentation of costs associated with utility adjustments.

2. The following guidelines are intended to supplement those policy and procedure guides and to describe minimum requirements for documentation of preliminary engineering (PE) costs to be reimbursed.

3. The above ci ted policy and procedures will govern over these guidelines in case of conflict.

B. Applicability:

1.

These guidelines apply only to preliminary

engineering costs.

Construction documentation

requirements are described in other procedure guides

available from the DOT.

2. These guidelines apply to costs incurred by a Utility Owner with its own forces or by a Consultant. If a Consultant is to be used, prior approval of the DOT
is required.

3. Only those costs incurred subsequent to written authorization from the DOT will be reimbursed.

C. Documentation:

1. All PE documentation must include a project number, work order number, or other identification sufficient to positively relate the costs to the DOT project being billed.

2. Labor Costs:

(a) Records of time charges must be kept on a daily basis and mus t show the names, classes or ti ties,
and hours worked for each person assigned to the project.

APPENDIX C

EXHIBIT 6

166

(b) The record may consist of individual time sheets if these are normally kept by the company. Otherwise, individual, group or project diaries may be used.
(c) All time records must be dated and signed by the responsible individual, or group or project supervisor, as appropriate.
3. Travel Expenses:
(a) Travel records must show date of travel, origin and destination, purpose of trip, and miles traveled.
(b) Subsistence (meals and lodging) may be supported by voucher showing actual cos ts reimbursed, or by records of out-of-town travel when paid on a per diem basis.
4. Supplies and Materials: It is expected that costs of any supplies and materials required in the PE phase will be included in overhead rates. Any that are billed directly to the project must be covered by voucher or diary entry showing date of purchase or issue from stock and quantity.
5. Equipment:
(a) Equipment charges must be supported by records showing days or hours assigned to the project, or miles drive, and equipment type and identification.
(b) The record may consist of a "trip ticket," dispatch log, or entries in a project diary.
(c) Records should be dated and signed by an appropriate responsible person.
(d) Equipment shall be billed at actual cost rates per mile or per hour and the rates must be supported by cost records of the Utility. If the Utility does not maintain cost records to develop standard rental rates, a rate will be established and agreed to when the force account agreement is executed.
6. In lieu of the documentation described above, PE expenses may be recorded on the DOT's Form H. D. 465, Daily Report for Removal and Relocation of Facilities on Highway Cons truc tion. If used, this form should be prepared and signed daily by the supervisor and retained in the Company files. Approval for the State by the Area Engineer will not be required for PE expenses.

APPENDIX C

167

EXHIBIT 6

D. Implementation:
1. Any questions regarding these guidelines, or the adequacy of a proposed alternate system for documenting PE costs, should be directed to the DOT for clarification before work is begun.
2. Costs that are otherwise eligible and are supported by documen ta tion in reasonable compl iance with these guidelines will be accepted by the DOT for reimbursement.
3. Any costs not so documented will be cited and
deducted from the final bill and -wi-ll -no-t be paid.

APPENDIX C

EXHIBIT 6

168

CERTIFICATION OF CONSULTANT

I hereby certify that I am the

(ti tl e)

and duly authorized representative of the firm of

whose address is

, , and

That, except as expressly stated and described herein, neither I

nor the firm of

has, in connection

wi th its contract wi th

(name of util i tv)

, entered into

pursuant to provisions of an agreement between the aforementioned

utility and the State of

project

_

, as a part of Federal-aid

(a) emp1oyed or retained for a commi ss ion, percentage, brokerage, conti ngent fee, or other cons i dera ti on, any fi rm, company, or person, other than a bona fide employee working solely for me or the aforementioned firm, to solicit or secure the contract, or
(b) agreed, as an express or implied condition for obtaining the award of the contract, to employ or retain the services of any firm, company, or person in connection with the carrying out of the contract, or
(c) paid, or agreed to pay, to any firm, company, organization, or person, other than a bona fi de employee working solely for me or the aforementi oned fi rm, any fee, contri buti on, donati on, or consi derati on of any kind for, or in connecti on wi th, procuri ng or carryi ng out the contract.

(Statement and explanation of exceptions, if any):

I acknowl edge that thi s certifi cate is to be furni shed to the Department of Transportation in connection with the aforementioned project involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil.

(Date)

(Signature)

APPENDIX C

169

EXHIBIT 7

ALTERNATE PROCEDURE FOR ESTABLISHING EQUIPMENT COST RATES UNDER PARAGRAPH 10., f., of FHPM 6, 6, 3, 1

Where the records of the uti 1i ty cannot support the operati ng cost rates of its equipment in accordance with the provisions of Paragraph 10., f., (1), (2), the Department wi 11 use the fo 11 owi ng method to arrive at reimbursement rates for equipment under the terms of Paragraph 10., f., (3) of FHPM 6,6,3, 1.
The Department will approve rates equal to 80 percent of the rates set forth in the latest edition of the "Rental Rate Blue Book for Construction Equipment" as compiled by the National Research and Appraisal Company, a Division of Equipment Guide-Book Company, (hereinafter referred to as the Blue Book).
The cost to which the 80 percent factor will be applied is the rental cost at the periodic rates shown plus the operating cost for actual hours in operation at the hourly operating cost shown.
Rent basis shall be as defined in the Blue Book. Overtime shall be computed in accordance with the definition given in the Introduction and Definitions in the Blue Book.
Payable time periods will not include (1) time elapsed while equipment is broken down, or (2) time spent in repairing equipment.
After the work involved is completed the hourly, daily, weekly or monthly rate most favorable to the Department shall apply.
If a piece of equipment is needed which is not included in the above Blue Book rental rates, reasonable rates shall be agreed upon in writing before the equipment is used.
Transportati on charges for each pi ece of equi pment to and from the site of the work will be paid provided, (1) the equipment is obtained from the nearest available source, (2) the return charges do not exceed the delivery charges, (3) haul rates do not exceed the established rate of licensed haulers and (4) such charges are restricted to those units of equipment not already available and on or near the project.
No additional compensation will be made for equipment repair.
Company-owned passenger vehicles used for transportation of employees to the work shall be bi 11 ed at the same sta tutory rate used for reimbursement of state employees for the use of their personally owned vehicles which is in effect at the time the agreement is executed. Such amount shall constitute the total allowable cost for the use of such vehicles.
The Department wi 11 not approve any rates in excess of the above unless such costs are supported by acceptable cost accounting records of the utility.

APPENDIX C

EXHIBIT 8

170

DEPARTMENT OF TRANSPORTATION State of Georgia
SPECIAL PROVISION Applying to the Standard Specifications dated April 20, 1972
Insurance Protection of Utility Interests
Where it is necessary and specified that facilities be attached to utility poles which do not belong to the Department, the Contractor shall and does hereby agree to indemnify, save harmless and defend the owner of such poles and any joint use licensees thereof (hereinafter referred to as the Utility Company) from the payment of any sum, or sums, of money to any person who~ soever on account of claims or suits growing out of injuries to persons, including death, or damage to property caused by the Contractor, his employees, . agents or subcontractors or in any way attributable to the performance and prosecution of the work herein contracted for, including (but without limiting the generality of the foregoing), all claims for injuries to persons or damage to property, liens, garnishments, attachments, claims, suits, costs, attorneys' fees, costs investigation and of defense.
The Contractor hereby waives and relinquishes any right of subrogation it might have against the Utility Company under the provisions of the Workmen's Compensation Act of Georgia or of any other state on account of any injury to its employees or employees of sub-contractors caused in whole or in part by any negligence of the Uti~ity Company. The Contractor further agrees that it will require its Workmen's Compensation insurer, if any, to likewise waive and relinquish such subrogation rights.
1. INSURANCE:
A. In addition to any other forms of insurance or bonds required under the terms of the contract and specifications, the Contractor will be required to furnish and maintain policies of insurance covering:
(1) The legal liability of the Contractor, and his sub-contractors under the Georgia Workmen's Compensation Act for claims for personal injuries and death to employees engaged in this work.
(2) The legal liability (including contractual) of the Contractor, and his sub-contractors who may be engaged in this work, for claims or damages for personal injuries or for death resulting therefrom arising out of the work to be performed under this contract by the

(1)

APPENDIX C

171

EXHIBIT 9

Contractor, or his sub-contractors, to persons other than employees of the Contractor or sub-contractors engaged in the work included in this contract in an amount not less than:

$250,000 for anyone person $500,000 for anyone accident

(3) The legal liability (including contractual) of the Contractor, and his sub-contractors who maybe engaged in this work, to pay claims for damages to property belonging to others than such Contractor, or his sub-contractors, in the amount not less than:

$100,000 (for anyone accident), and subject to the same limit for anyone accident, in an aggregate amount not less than $200,000.

(4) Protective liability insurance shall be provided by the Contractor by a separate policy in which the Utility Company is the named insured. Original and duplicate copies with limits of liability in the same amounts as shown in Sections IA (1) and (2) above shall be furnished to~he Department for transmittal to the Utility Company (ies). Or, the Contractor may elect to have his certificate of insurance include an endorsement clause adding the Utility Company (ies) as additional insured party (ies) but only with respect to operations of _________________________________(name of Contractor)

during the duration of Department of Transportation,

State of Georgia, project number and County

___

B. All of the aforementioned insurance shall be placed with an insurance company which is licensed to do business in the State of Georgia and shall be endorsed to cover the liability assumed by the Contractor under the provisions of this contract.
(1) It is understood, however, that the provisions requiring the Contractor to carry said insurance shall not be construed as in any manner waiving or restricting the liability of the Contractor pursuant to the terms hereof which may not be insured under said insurance policies above required.
(2) As evidence of this insurance, and prior to the beginning of any work in connection with this contract, the Contractor shall submit to the Department of Transportation, State of Georgia, and the Utility Company a Certificate providing the above coverage and which certifies that the said policies have been properly endorsed to meet the above requirements.

APPENDIX C EXHIBIT 9

(2)
172

,..
"'f'

If any part of the work is sublet, similar insurance and

evidence thereof, in the same amounts as required of the

Prime Contractor, shall be provided by or in behalf of the

sub-contractor to cover his operations, endorsements to the

Prime Contractor's policies specifically naming sub-contrac-

tors and describing their operations will be acceptable for

this purpose.

D. All insurance hereinbefore specified shall be carried until all work required to be performed under the terms of the contract has been satisfactorily completed as evidenced by the formal acceptance by the State. Insuring Compan~es may cancel insurance by permission of the State, the Utility Company (ies), or on thirty (30) days written notice to the Department, the Utility Company (ies) as follows:

NOTICE TO:

COPY NOTICE TO:

II. FAILURE TO COMPLY: In the event of cancellation or lapse of insurance policy:

The __-:--_--:-_----: may require that the Contractor vacate

Engineer Property.

The Highway Engineer may withhold all monies due the Contractor on monthly statements.
Any such orders shall remain in effect until the Contractor has remedied the situation to the satisfaction of the Utility Company (s) Engineer and the Highway Engineer.
III. PAYMENT FOR COST OF COMPLIANCE:
No separate payment will be made for any extra cost incurred on account of compliance with these special provisions. All such cost shall be included in prices bid for other items of the work.

(3)

APPENDIX C

173

EXHIBIT 9