2 Del. Admin. Code § 2401-6.0 - Utility Adjustments for DelDOT Highway Construction Projects as defined in Subsection 4.2.2 of this regulation
6.1 Utility Adjustments and Utility Coordination for DelDOT Highway Construction Projects
6.1.1 General. In order to remain in place, utility facilities along highways that are to be relocated shall not be in the way of the highway reconstruction work.
6.1.1.1 Future maintenance of utility facilities shall not create a hazard for the traveling public.
6.1.1.2 Utility companies with affected facilities may request that existing facilities be left in place. Utilities are not reimbursed by DelDOT for the cost of adjusting or relocating their facilities except in accordance with 17 Del.C. §
132 and 17 Del.C. §
143 and the 1963 Court of Chancery decision: Delaware Power & Light Co. v. Terry, 194 A.2d 553 (Del. Ch. 1963). A copy of the Court of Chancery's 1963 Decision, 194 A.2d 553 is provided in Appendix F, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-F.pdf.
6.1.1.3 Utility company failure to provide the necessary information within the specified timeframes or as agreed upon between parties, will trigger the initiation of noncompliance procedures, at DelDOT's discretion, as specified in subsection 4.10 of this regulation.
6.1.2 Preconstruction and Construction Coordination
6.1.2.1 Concept Milestone
6.1.2.1.1 Utility companies shall review and provide input related to concept plans provided by DelDOT during the concept milestone stage. Utility companies shall inform DelDOT of all existing and proposed facilities within the existing or proposed right-of-way. This information shall include facility types, sizes, locations, easements or other property interest documentation, and proof of prior rights in addition to the utility company's system improvements. A utility conflict matrix (UCM) may be utilized by affected utility companies, at DelDOT's direction during this phase, to provide evaluation and documentation of the potential conflicts between the proposed design and existing utility facilities. It is the sole responsibility of the utility to provide the documentation of a compensable interest and not DelDOT's responsibility to seek it.
6.1.2.1.2 All utilities shown on plans shall be in color. Colors shall be in accordance with APWA designations and DelDOT CADD standards.
6.1.2.2 Utility Designation Milestone
6.1.2.2.1 Utility companies shall respond to coordination efforts with DelDOT's project manager and the DelDOT utility coordinator to determine whether adequate utility designation insight can be gathered utilizing information obtained through "Delmarva 811" or a utility as-built submission to determine if more detailed utility designation is required. Utility companies shall coordinate with DelDOT's project manager and the DelDOT utility coordinator to determine if test holes are required, including the number and location of test holes needed.
6.1.2.2.2 The CI/ASCE 38-02 Guidelines shall be followed for the classification and depiction of subsurface utility data.
6.1.2.2.3 Utility companies shall respond and provide information to DelDOT's subsurface utility engineering (SUE) consultant or SUE consultant subcontracting to an approved design consultant, operating at DelDOT's direction, to acquire utility facility information. Utility companies shall coordinate in advance of work with the SUE consultant upon notification to the utility of pending exploratory activities of existing utility facilities.
6.1.2.2.4 In all cases, utility companies shall coordinate with the SUE consultant to confirm the scope and accuracy of SUE designation of all information obtained from the approved tasks prior to transmittal to DelDOT's project manager, the approved design consultant for the project, and the utility coordinator.
6.1.2.2.5 Utility companies shall verify the designation information on their facilities regardless of DelDOT's use of a SUE consultant.
6.1.2.3 Survey Milestone
6.1.2.3.1 Affected utility companies shall review survey plans, when provided by DelDOT, and provide detailed responses to identify existing and known retired facilities on the plans, indicating whether they are aerial, surface, or buried underground. The utility company shall also include information indicating:
6.1.2.3.1.1 The sizes of pipes/conduits
6.1.2.3.1.2 Number of pipes/conduits
6.1.2.3.1.3 Approximate depths of facilities
6.1.2.3.1.4 Private easements or other property interest documentation
6.1.2.3.1.5 Proof of prior rights
6.1.2.3.1.6 Any private services that may be affected
6.1.2.3.1.7 The identity of other utility company facilities if known (attached, housed, aerial, or underground)
6.1.2.3.1.8 Any other information pertinent to the facilities
6.1.2.3.1.9 Any planned alterations or reconstruction of existing facilities or installation of new facilities within the limits of the project.
6.1.2.3.2 The utility company shall return the required information, except easement, property interest, and existing prior rights, to the DelDOT Utilities Section within 30 days of receipt.
6.1.2.3.3 Utility companies shall supply DelDOT with easement, property interest, and existing prior rights documentation within 60 days of the receipt of the survey plan submission.
6.1.2.4 Preliminary Plan Milestone
6.1.2.4.1 Utility companies shall review and provide comments in unison with their review of the highway design when preliminary plans and a utility conflict matrix (UCM) are provided by DelDOT. The utility company review shall include identification of any potential conflicts or concerns.
6.1.2.4.2 The utility company shall mark the preliminary plans with existing facilities if not shown or not shown correctly, proposed facility relocations, and any additional right-of-way necessary for relocation of facilities. The utility companies shall provide the following with the marked preliminary plans:
6.1.2.4.2.1 Suggested design modifications that would eliminate relocation.
6.1.2.4.2.2 Description of utility relocations along with estimated timeframe for construction.
6.1.2.4.2.3 List of stations and offsets where test holes are needed.
6.1.2.4.2.4 Identification of any permits that may be required.
6.1.2.4.2.5 Information on any other utility's facilities located on its poles.
6.1.2.4.2.6 Joint use or third-party installation requirements.
6.1.2.4.2.7 To the best of its information, verify that existing facilities and retired facilities are shown correctly on the plans.
6.1.2.4.2.8 Private easements or other property interest documents (if applicable).
6.1.2.4.2.9 Proof of prior rights (if applicable); and
6.1.2.4.2.10 Request for field meeting, if needed.
6.1.2.4.3 The utility company shall make the DelDOT utility coordinator aware in writing in any situation where a utility company may be dependent upon another utility company's plans or actions in order to complete their own work.
6.1.2.4.4 The utility company owning the pole, duct system, etc. shall perform necessary coordination related to the relocation of any renters or lessees as required by the Telecommunication Act of 1996.
6.1.2.4.5 The utility company shall return the preliminary plans provided by DelDOT with the required markup electronically within 90 days of receipt through the UPA.
6.1.2.4.6 Coordination and Site Meeting. Following the distribution of preliminary plans, utility companies shall attend a site meeting at DelDOT's direction. The utility company shall return preliminary plans at the site meeting or within 30 days following the meeting or the remainder of the 90 days as specified in subsection 6.1.2.4.5 of this regulation, whichever is greater.
6.1.2.4.7 Reimbursable Work
6.1.2.4.7.1 Utility companies with utility relocation work that is eligible for reimbursement shall provide the DelDOT utility coordinator with a detailed written cost estimate for preliminary engineering in order to be evaluated for eligibility as reimbursable by DelDOT. The preliminary engineering work shall not be reimbursable if started prior to issuance of a notice to proceed from DelDOT.
6.1.2.4.7.2 Within 90 days of the issuance of the notice to proceed and receipt of preliminary plans, the utility company shall electronically supply a plans, specifications, and estimate (utility PS&E) package, consisting of plans, specifications, details, and estimate, and 1 set of marked color-coded plans. Electronically submitted color-coded plans shall be printable on standard DelDOT plotting size paper as specified in the DelDOT CADD Standards Manual. These plans shall indicate utility features as:
6.1.2.4.7.2.1 Existing to remain.
6.1.2.4.7.2.2 Existing to remove.
6.1.2.4.7.2.3 Proposed reimbursable; and
6.1.2.4.7.2.4 Proposed non-reimbursable.
6.1.2.4.7.3 Refer to subsection 6.3 of this regulation for further details on plan preparation and reimbursable work.
6.1.2.5 Semifinal Milestone. Utility companies shall review semifinal documentation such as plans, cross sections or a UCM, when provided by DelDOT. Utility company shall provide the DelDOT utility coordinator with marked-up semi-final documents for all utilities within the project limits, including the utility company's proposed utility statement (resume of proposed work). A sample Utility Statement is provided in Appendix E, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-E.pdf.
6.1.2.5.1 The following items shall be included with the marked semifinal plans:
6.1.2.5.1.1 Written concurrence for adequacy of right-of-way shown on construction plans provided by DelDOT.
6.1.2.5.1.2 Detailed written cost estimate of reimbursable work: including necessary relocations and adjustments, with sufficient detail for discrete elements demonstrating eligibility for reimbursement.
6.1.2.5.1.3 Written cost estimate for providing electric power service to traffic signals, roadway lighting, and ITS facilities.
6.1.2.5.2 The utility statement (resume of proposed work), submitted by the utility company, shall contain:
6.1.2.5.2.1 A description of the existing facilities
6.1.2.5.2.2 Any proposed changes, adjustments, or relocations
6.1.2.5.2.3 The location of the changes shall include station count and offsets.
6.1.2.5.2.4 Quantities of borrow Type C if necessary.
6.1.2.5.2.5 Activity based schedules and the proposed duration (in calendar days) for completing the alterations, adjustments, or relocations for each phase of the project's sequence of construction/ maintenance of traffic (MOT) or TTC Plan.
6.1.2.5.2.6 Any work or outage restrictions
6.1.2.5.2.7 A description of the proposed MOT needed to perform utility work; plans may be required if MOT requires more detailed planning than what is provided through the typical applications of the DE MUTCD.
6.1.2.5.2.8 A description of all materials with long lead times (lead times greater than 3 months) for ordering, if applicable.
6.1.2.5.2.9 A description of any anticipated permits required to allow the utility to move forward with the relocation work, including the timeframe the utility anticipates it will take to obtain said permits.
6.1.2.5.2.10 Any other information that may impact DelDOT's contractor.
6.1.2.5.2.11 The utility company shall return an electronic set of semifinal plans with the changes marked, the proposed relocation plan, and their proposed utility statement to the DelDOT utilities engineer through the UPA within 90 days of receipt of semifinal plans from DelDOT, unless a coordination meeting is scheduled. If a coordination meeting is scheduled, the plans should be returned within 30 days following the meeting or the remainder of the 90 days whichever is greater.
6.1.2.5.3 A coordination meeting will be scheduled, at DelDOT's discretion, with affected utility companies to review the utility statements and sequencing bar chart. Utility companies shall modify their utility statements based on the coordination meeting. Utility companies shall submit their updated utility statements to DelDOT 14 days following the meeting so that a revised DelDOT utility statement can be prepared.
6.1.2.6 Final Plans. Utility companies shall review final plans, construction schedules, and related documentation, when provided by DelDOT. A utility company shall provide the DelDOT utility coordinator with written responses within 30 days of receipt of final plans and anticipated final construction schedule unless a coordination meeting is scheduled. If a coordination meeting is scheduled, the plans should be returned within 30 days following the meeting. Utility company responses shall be accompanied by:
6.1.2.6.1 Written concurrence on final utility statement and activity-based bar chart construction schedule.
6.1.2.6.2 Signed reimbursement agreement
6.1.2.6.3 Request for NTP for advanced relocation
6.1.2.6.4 Request for NTP to order materials with lead times greater than 3 months
6.1.2.6.5 Request for NTP to start environmental permitting
6.1.2.7 Construction Phase. The utility company shall attend the preconstruction meeting scheduled for the project. If the utility company disputes the ability to attend the proposed preconstruction meeting, the utility company shall provide notice to the DelDOT construction engineer, and the utility coordinator assigned to the project. The NTP issued by DelDOT to the highway contractor shall serve as the authorization and notice to utility companies for relocation work that is to occur concurrent to the DelDOT Highway Construction Project.
6.1.3 Utility Coordination Stipulations
6.1.3.1 The utility company shall not begin work on advance relocations required for the DelDOT Highway Construction Project until an NTP is issued by the Utilities Engineer authorizing commencement of work. The utility company shall provide DelDOT with notification to ensure that the advanced relocation work is coordinated with and inspected by DelDOT construction.
6.1.3.2 Utility companies shall coordinate directly through the District Public Works office for a utility construction permit, when determined by DelDOT that additional inspection personnel are required.
6.2 Non-Reimbursable Work. Adjustments to utility facilities occupying highway right-of-way by master franchise are not eligible for reimbursement. Exceptions are discussed in subsection 4.9 of this regulation. If the facilities must be relocated due to DelDOT's project, DelDOT will provide right-of-way for relocation of the facilities. The relocation of the utility facilities shall be at the sole expense of the utility.
6.3 Reimbursable Work
6.3.1 Utility Reimbursement on DelDOT Highway Construction Projects
6.3.1.1 Title 17 of the Delaware Code §143, determines the policies governing expenses of utility adjustments, removals, and relocations.
6.3.1.2 Utility company work that is considered reimbursable, as determined by DelDOT, shall only be eligible for reimbursement based on the utility companies restoring impacted facilities to the condition that existed prior to the project. This is referred to as in-kind replacement. Utilities shall use the procedures established by FHWA for reimbursement. These are explained in the U.S. Department of Transportation Federal Highway Administration Program Guide Utility Relocation and Accommodation on Federal-Aid Highway Projects including amendments.
6.3.1.3 Buy America provisions apply to all contracts if the project, as defined by NEPA, has at least 1 Federal aid funded construction contract authorized after October 1, 2012 or at least 1 Federal aid funded Preliminary Engineering contract authorized after January 1, 2013, all federally eligible utility work must meet Buy America requirements regardless of funding source. When Delaware Code prohibits DelDOT from reimbursing utilities, the utility work is not eligible for federal reimbursement. Federally ineligible work is not subject to the Buy America requirements. The utility may furnish materials from company stock only in the case where the supplied materials meet the Buy America requirements. The utility shall not be required to change its existing standards for materials used in permanent changes to its facilities as long as Buy America requirements are met.
6.3.2 Betterment
6.3.2.1 The cost of a betterment or increased size or capacity in facilities is only reimbursable in accordance with FHWA regulations (Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects and Code of Federal Regulations Title 23 Part 645) or as allowed by specific agreements enabled by Delaware Code.
6.3.2.2 When seeking reimbursement with betterment involved, the utility shall submit 2 utility PS&E packages. The first detailed estimate with color-coded plans indicates relocation or adjustment in kind and the second shows the facility size increase or betterment. Right-of-way acquisition and salvage value shall be included where applicable on all estimates.
6.3.3 Prior Rights. Utility companies shall submit the following to claim prior rights:
6.3.3.1 Documentation that the utility facility was constructed on private property with an easement of record in the recorder of deeds office and the facility and its easements are encompassed by a DelDOT project; or
6.3.3.2 Documentation that the utility facility was relocated onto or remained in existing right-of-way under a previous project, during which participants agreed that if it became necessary to relocate for a future transportation project, DelDOT would assume the cost.
6.3.3.3 For proper documentation of this right, the utility shall furnish a copy of the utility agreement stating the arrangement previously agreed to by DelDOT.
6.3.3.4 The utility company shall present DelDOT with proof of prior rights no later than upon receipt of the semi-final plan submission. This may include documentation that shows rights existed prior to dedication of right-of-way to public use or prior to additional right-of-way being purchased without properly being extinguished.
6.3.4 Reimbursable Work Process. The utility companies shall submit all documentation establishing prior rights to the DelDOT Utilities Section for approval. During the process of plan review discussed in subsection 6.1 of this regulation, reimbursable work may be discovered. The utility company shall obtain concurrence from the DelDOT Utilities Section that reimbursable work will be involved. Utility company shall coordinate to ensure that the following actions occur:
6.3.4.1 DelDOT and utility company shall agree in writing as to the obligations and responsibilities of each party.
6.3.4.2 The agreement shall incorporate the conditions of occupancy for each party. The agreement shall also include the rights vested in DelDOT and the rights and privileges retained by the utility company.
6.3.4.3 The interest acquired by or vested in DelDOT in any portion of the rights-of-way of a highway project to be used, occupied, or vacated by utilities shall be adequate in nature and extent for the construction, safe operation, and maintenance of the project.
6.3.5 Utility Letter Agreements. The utility company shall enter into an agreement for projects including utility alteration, adjustment, or relocation where DelDOT will be responsible for any portion of the cost of the work. The utility company shall obtain an executed agreement from DelDOT before work begins when State or federal funds are anticipated to be used to pay for all or part of eligible utility adjustments. Examples of agreements can be found in Appendix A, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-A.pdf.
6.3.5.1 Agreement Requirements: Utility letter agreements include information such as:
6.3.5.1.1 The incorporating limits or areas to be served.
6.3.5.1.2 The responsibility of each party.
6.3.5.1.3 The terms and conditions regarding the relocation, adjustments, or reconstruction.
6.3.5.1.4 The action to be taken in case of noncompliance with State requirements.
6.3.5.1.5 Other provisions as deemed necessary to comply with State laws and regulations.
6.3.5.2 Work incidental to utility relocations shall be performed by the utility company with its own forces including a utility's open-end and continuing construction contractor, or by an approved utility contractor, unless this work is included in DelDOT's construction contract by separate agreement. When a utility company obtains a contractor for the relocation work, the utility, federal and State regulations apply.
6.3.6 Utility Plan Preparation
6.3.6.1 When reimbursable work is involved, the utility company shall coordinate with DelDOT to ensure that the appropriate construction plans are used to estimate the scope of the utility work to be performed and reimbursed. The utility shall submit the preliminary engineering estimate for any engineering required to design the alteration, adjustments, or relocation. A sample of the engineering estimate is provided in Appendix B, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-B.pdf.
6.3.6.2 The utility company shall use the procedures established by FHWA for reimbursement. The procedures are explained in the U.S. DOT FHWA Program Guide: Utility Relocation and Accommodation on Federal-Aid Highway Projects including amendments and the Federal-Aid Policy Guide (FAPG) Code of Federal Regulations Title 23.
6.3.6.3 The preliminary engineering estimate shall become part of the letter agreement mentioned above in subsection 6.3.5 of this regulation. The utility company shall not begin the design for the adjustments or relocations until a notice to proceed has been obtained from DelDOT, indicating that the preliminary engineering estimate is approved and funding has been allocated by DelDOT. The utility company shall prepare the utility plans, specifications, and estimate (utility PS&E) for the relocation or adjustment and forward them to the DelDOT utilities engineer for review.
6.3.6.4 Any work performed by the utility company prior to DelDOT's issuing the notice to proceed shall be at the sole expense of the utility company.
6.3.6.5 Utility Company Employment of a Consultant for Utility PS&E
6.3.6.5.1 The utility company shall submit a written request to the DelDOT Utilities Engineer requesting authorization to obtain a consultant to provide preliminary engineering services for utility relocations. The request shall state the type of work the consultant is expected to perform during the utility relocation for the project, such as: preparing utility plans, specifications, and estimates; inspecting materials; and supervising work.
6.3.6.5.2 The request shall meet the provisions established by federal procurement regulations of the U.S. DOT FHWA, and the applicable regulations of the Program Guide: Utility Relocation and Accommodation on Federal-Aid Highway Projects. Federal funds may participate in the cost of services performed under existing written continuing contracts when the utility company provides documentation to DelDOT's Utility Section and obtains concurrence that this work is performed regularly for the utility company in its own work and that the costs are reasonable. The procedures in 23 CFR §172, Administration of Engineering and Design Related Service Contracts, may be used as a guide for reviewing proposed consultant contracts.
6.3.6.5.3 When a utility company obtains DelDOT consent to have a consultant prepare the utility plans, specifications and estimates, the utility company shall provide the DelDOT utilities engineer with a cost estimate from the consultant for performing the design work. The utility company shall review and approve the data before submitting it to the DelDOT utilities engineer.
6.3.6.5.4 When the consultant cost estimate and other data are deemed acceptable by DelDOT, the utility company shall prepare and submit a draft of the contract between the responsible consultant and the utility company to the DelDOT utilities engineer. The draft contract and materials shall stipulate the work to be done under the agreement and the method of payment for preparing the utility PS&E package.
6.3.6.5.4.1 Utility company submittals that propose a consultant fee which is based on a percentage of the work to be performed will not be approved by DelDOT.
6.3.6.5.4.2 When federal participation is involved in a DelDOT highway construction project, the agreement with the consultant shall conform to federal procurement regulations and appropriate U.S. DOT regulations.
6.3.6.5.5 Upon approval of the draft agreement by DelDOT, the utility company shall execute the agreement with the consultant.
6.3.6.6 Processing Utility PS&E Packages. Utility plans, specifications, and estimates (utility PS&E) submitted by the utility company shall include:
6.3.6.6.1 A utility statement. See subsection 6.1.2.5.2 of this regulation.
6.3.6.6.2 A detailed estimate of the work to be performed. See Appendix B, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-B.pdf, for sample "Utility Relocation Cost Estimate"
6.3.6.6.3 Marked color coded plans indicating:
6.3.6.6.3.1 Existing to remain (green).
6.3.6.6.3.2 Existing to be removed (red).
6.3.6.6.3.3 Proposed reimbursable (blue).
6.3.6.6.3.4 Proposed non-reimbursable (yellow); and
6.3.6.6.3.5 Other colors can be used provided they are legible and clearly marked in the legend
6.3.6.6.4 The terms under which the utility is to cross or otherwise occupy the rights-of-way
6.3.6.6.5 A description of the size, type, nature, and extent of each utility company facility to be located within the highway rights-of-way
6.3.6.6.6 A description of each installation's construction requirements, traffic protection, maintenance, access restrictions, and any special conditions
6.3.6.6.7 Proposed maintenance of traffic (MOT) (i.e., TTC) needs
6.3.6.6.8 Adequate drawings or sketches that show the existing and proposed locations of the utility facility, including the following:
6.3.6.6.8.1 Horizontal and vertical locations of proposed facilities.
6.3.6.6.8.2 Facility locations with respect to the existing or planned DelDOT improvement, the traveled way, or the right-of-way.
6.3.6.6.8.3 Control-of-access lines and approved access points; and
6.3.6.6.8.4 Responsibilities of the utility company for future adjustments of its facilities to accommodate DelDOT improvements.
6.3.6.6.9 The color-coded, complete utility PS&E package shall be forwarded to the utilities engineer electronically.
6.4 Construction Coordination
6.4.1 Authorization of Utility Work. The utility company shall not proceed with its alterations, adjustments, or relocations until given direction to proceed by DelDOT via the applicable Construction District or District Public Works office.
6.4.1.1 When State or federal funds will pay all or part of the costs of adjustments, all work done by the utility company's own forces shall be performed on a force account basis with reimbursement matching actual costs. When a utility company's request to perform the work by competitive bid has been approved by DelDOT, the utility company shall forward 1 copy of the bid tabulation, with the utility's preliminary estimate included, to the DelDOT utilities engineer.
6.4.1.2 When a utility company requests permission from DelDOT to perform the work with a current continuing contract, using an outside contractor, the utility company shall include an estimate based on the applicable contract unit prices with the request submitted to the DelDOT utilities engineer.
6.4.2 Coordination During Construction
6.4.2.1 Utility Preconstruction Meetings. The utility companies shall have representatives at preconstruction meetings held by DelDOT or its' contractor to discuss in detail the effect that each utility's adjustment or relocation will have on the progress of the project.
6.4.2.2 Contractor's Schedule. The utility company shall coordinate its contractor's work occurring simultaneously with DelDOT projects. When this coordination is accomplished via a utility progress meeting, a utility company representative shall attend. The utility company shall cooperate in scheduling work so that the DelDOT contractor is not delayed.
6.4.3 Revisions. This Section refers to changes required to the plans or estimates after DelDOT's notice to proceed is given. Occasionally, field conditions necessitate revision to a utility company's approved plan of adjustment or relocation.
6.4.3.1 Revising Construction Projects
6.4.3.1.1 Utility company changes to construction projects and their impact on utility relocation costs shall be carefully considered before proceeding. Refer to 17 Del.C. §
143 for reimbursement to public utilities for "second moves" and "change in plans". The time involved, material availability, additional labor and utility costs shall be evaluated before changes are pursued.
6.4.3.1.2 Utility company project plan revisions shall be coordinated with and provided to DelDOT's utilities engineer, construction engineer, and the project manager for review. DelDOT's approval is necessary to proceed with the utility company plan revisions.
6.4.3.2 Revising Utility Plans and Estimates. When revisions are necessary to the plan or estimate, the utility company shall forward a copy of the revised plan or estimate and the justification for the change for approval by DelDOT's Utilities Engineer or construction engineer. The utility company shall not proceed without DelDOT's Utility Section approval of the plan change, including confirmation of any additional funds requested to cover the added cost.
6.4.3.3 Change Orders. Copies of all change order correspondence and copies of all utility related correspondence shall include the affected utility companies, DelDOT's construction region engineer and utilities engineer.
6.4.3.4 As-builts. The utility shall submit as-built plans to the construction engineer and utility engineer for all underground installations within 6 months of work being completed or as part of the final invoice package. As-built plans shall accurately portray the size, type, and material of the facilities along with the horizontal and vertical location. As-built plans shall be submitted in the manner and format specified by DelDOT.
6.5 Payment for Work
6.5.1 Utility Billing
6.5.1.1 The utility company may submit progress billings at a frequency not to exceed 1 invoice per month for costs incurred after the executed utility agreement has been approved and notice to proceed has been provided by DelDOT. The utility company shall also submit progress billings for the cost of materials stockpiled at the project site or specifically purchased and delivered to the utility company for use on the project following similar approval by DelDOT. Any materials purchased, or work performed by the utility company prior to written authorization from the DelDOT Utilities Engineer shall be done at the company's sole expense. All utility company invoices shall conform to the provisions of the Federal-Aid Policy Guide (FAPG): Code of Federal Regulations, Title 23, Part 645 including Subpart A which defines policy, procedure, and cost development for utility relocation, adjustments, and reimbursement, and Subpart B which defines policy and procedure for accommodating utility facilities on federal-aid highways.
6.5.1.2 Utility company billing documents including support for incurred costs such as material used, equipment used, and number and classification of personnel working at the location shall be submitted to the DelDOT Utilities Section.
6.5.1.3 Buy America certification shall be provided with or prior to any request for reimbursement.
6.5.2 Final Bill from Utility Company. A final and complete billing of all costs incurred shall be made by the utility company within 6 months from the last chargeable day of the project in compliance with the executed agreement. The utility company statement of billing shall follow the order of the items in the utility PS&E identified as part of the executed letter of the agreement between DelDOT and the utility company. The statement shall be itemized to show:
6.5.2.1 The DelDOT contract number, federal-aid project number, project location, and executed utility agreement number.
6.5.2.2 A brief description of work performed, identifying the utility PS&E submission incorporated in project limits.
6.5.2.3 The date the last work was performed on the last billed expense item.
6.5.2.4 Goods received to date.
6.5.2.5 A statement from the utility company stating whether it has or has not been paid in full for all reimbursable work performed.
6.5.2.6 The totals for each of the following costs: labor, overhead, travel expenses, transportation, equipment, handling, material and supplies, and other services.
6.5.2.7 Salvage credits from recovered and replaced permanent material and recovered temporary material.
6.5.2.8 The replacement cost or the original charge for temporary use of material.
6.5.2.9 The location where the records and accounts billed can be audited, and the name of a contact person for auditing purposes.
6.5.2.10 A definitive statement about the origin of all products, permanently incorporated into the project, covered under the Buy America requirements, if applicable.
6.5.2.11 The final invoice specifying "final" and containing a summary of total project costs billed.
6.5.3 Final Invoice Copies and As-Built Plans
6.5.3.1 The utility company shall provide DelDOT with 1 copy of the final invoice.
6.5.3.2 The utility company shall provide DelDOT with as-built plans following construction to document any changes that were made in construction. As-built plans shall be provided prior to final reimbursement.
6.5.4 Electric Power Service for Roadway Lighting, Traffic Signals, and ITS Equipment. Utility companies shall follow the DelDOT Design Guidance Memorandum (DGM) 1-27 "Process for Requesting Electrical Power Services", dated April 7, 2020.
Notes
26 DE Reg.
28 DE Reg.
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6.1 Utility Adjustments and Preconstruction and Construction Coordination
6.1.1 General. In order to remain in place, utility facilities along highways that are to be relocated shall not be in the way of the highway reconstruction work. In addition, their future maintenance shall not create a hazard for the traveling public. Utility companies with affected facilities may request that existing facilities be left in place. Utilities are not reimbursed by DelDOT for the cost of adjusting or relocating their facilities except in accordance with Sections 132 and 143, Title 17, Delaware Code and the 1963 Court of Chancery decision: Delaware Power & Light Co. v. Terry, 194 A.2d 553 (Del. Ch. 1963). [A copy of the Court of Chancery's 1963 Decision, 194 A.2d 553 is provided in Appendix F, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2022/appendix-f.pdf.]
6.1.2 Preconstruction and Construction Coordination
6.1.2.1 Concept Milestone
6.1.2.1.1 Utility companies shall review and provide input related to concept plans provided by DelDOT during the concept milestone stage. Utility companies shall inform DelDOT of all existing and proposed facilities within the existing or proposed right-of-way . This information shall include facility types, sizes, locations, easements or other property interest documentation, and proof of prior rights in addition to the utility company's system improvements. A utility conflict matrix (UCM ) may be utilized by affected utility companies, at DelDOT 's direction during this phase, to provide evaluation and documentation of the potential conflicts between the proposed design and existing utility facilities. It is the sole responsibility of the utility to provide the documentation of a compensable interest and not DelDOT 's responsibility to seek it.
6.1.2.1.2 All utilities shown on plans shall be in color. Colors shall be in accordance with APWA designations and DelDOT CADD standards.
6.1.2.2 Utility Designation Milestone
6.1.2.2.1 Utility companies shall respond to coordination efforts with DelDOT 's project manager and the DelDOT utility coordinator to determine whether adequate utility designation insight can be gathered utilizing information obtained through "Miss Utility" or a utility as-built submission (to determine if more detailed utility designation is required). Utility companies shall coordinate with DelDOT 's project manager and the DelDOT utility coordinator to determine if test holes are required, including the number and location of test holes needed.
6.1.2.2.2 The CI/ASCE 38-02 Guidelines shall be followed for the classification and depiction of subsurface utility data.
6.1.2.2.3 Utility companies shall respond and provide information to DelDOT 's SUE consultant or SUE consultant subcontracting to an approved design consultant , operating at DelDOT 's direction, to acquire utility facility information. Utility companies shall coordinate in advance of work with the SUE consultant upon notification to the utility of pending exploratory activities of existing utility facilities.
6.1.2.2.4 In all cases, utility companies shall coordinate with the SUE consultant to confirm the scope and accuracy of SUE designation of all information obtained from the approved tasks prior to transmittal to DelDOT 's project manager , the approved design consultant for the project , and the utility coordinator .
6.1.2.2.5 Utility companies shall verify the designation information on their facilities regardless of DelDOT 's use of a SUE consultant .
6.1.2.3 Survey Milestone
6.1.2.3.1 Affected utility companies shall review survey plans, when provided by DelDOT , and provide detailed responses to identify existing and known retired facilities on the plans, indicating whether they are aerial, surface, or buried underground. The utility company shall also include information indicating:
6.1.2.3.1.1 The sizes of pipes/conduit s
6.1.2.3.1.2 Number of pipes/conduit s
6.1.2.3.1.3 Approximate depths of facilities
6.1.2.3.1.4 Private easements or other property interest documentation
6.1.2.3.1.5 Proof of prior rights
6.1.2.3.1.6 Any private services that may be affected
6.1.2.3.1.7 The identity of other utility company facilities if known (attached, housed, aerial, or underground)
6.1.2.3.1.8 Any other information pertinent to the facilities
6.1.2.3.1.9 Any planned alterations or reconstruction of existing facilities or installation of new facilities within the limits of the project .
6.1.2.3.2 The utility company shall return the required information, except easement, property interest and existing prior rights , to the DelDOT Utilities Section within 30 days of receipt.
6.1.2.3.3 Utility companies shall supply DelDOT with easement, property interest, and existing prior rights documentation within 60 days of the receipt of the survey plan submission.
6.1.2.3.4 Utility company failure to provide the necessary information within the timeframes discussed herein, or as agreed upon between parties, will trigger the initiation of noncompliance procedures, at DelDOT 's direction, as specified in subsection 5.9.
6.1.2.4 Preliminary Plan Milestone
6.1.2.4.1 Utility companies shall review and provide comments in unison with their review of the highway design when preliminary plans and a utility conflict matrix (UCM ) are provided by DelDOT . The utility company review shall include identification of any potential conflicts or concerns.
6.1.2.4.2 The utility company shall mark the preliminary plans with existing facilities (if not shown or not shown correctly), proposed facility relocations, and any additional right-of-way necessary for relocation of facilities. The utility companies shall provide the following with the marked Preliminary Plans:
6.1.2.4.2.1 Suggested design modifications that would eliminate relocation ;
6.1.2.4.2.2 Description of utility relocations along with estimated timeframe for construction ;
6.1.2.4.2.3 List of stations and offsets where test holes are needed;
6.1.2.4.2.4 Identification of any permits that may be required;
6.1.2.4.2.5 Information on any other utility's facilities located on its poles;
6.1.2.4.2.6 Joint Use or third-party installation requirements;
6.1.2.4.2.7 To the best of its information, verify that existing facilities and retired facilities are shown correctly on the plans;
6.1.2.4.2.8 Private easements or other property interest documents (if applicable);
6.1.2.4.2.9 Proof of prior rights (if applicable); and
6.1.2.4.2.10 Request for field meeting, if needed.
6.1.2.4.3 The utility company shall make the DelDOT utility coordinator aware in any situation where a utility company may be dependent upon another utility company's plans or actions in order to complete their own work.
6.1.2.4.4 The utility company owning the pole, duct system, etc. shall perform necessary coordination related to the relocation of any renters or lessees as required by the Telecommunication Act of 1996.
6.1.2.4.5 The utility company shall return the preliminary plans provided by DelDOT with the required markup electronically within ninety (90) days of receipt through the UPA .
6.1.2.4.6 Coordination and Site Meeting. Following the distribution of preliminary plans, utility companies shall attend a site meeting at DelDOT 's direction. The utility company shall return preliminary plans at the site meeting or within thirty (30) days of the meeting or the remainder of the 90 days as specified in subsection 6.1.2.4.5, whichever is greater.
6.1.2.4.7 Reimbursable Work
6.1.2.4.7.1 Utility companies with utility relocation work that is eligible for reimbursement shall provide the DelDOT utility coordinator with a detailed cost estimate for preliminary engineering in order to be evaluated for eligibility as reimbursable by DelDOT . The preliminary engineering work shall not be reimbursable if started prior to issuance of a notice to proceed from DelDOT .
6.1.2.4.7.2 Within ninety (90) days of the issuance of the notice to proceed and receipt of preliminary plans, the utility company shall electronically supply a plans, specifications, and estimate (Utility PS&E ) package, consisting of plans, specifications, details, and estimate, and one set of marked color-coded plans. Electronically submitted color-coded plans shall be printable on standard DelDOT plotting size paper as specified in the DelDOT CADD Standards Manual. These plans shall indicate utility features as:
6.1.2.4.7.2.1 Existing to remain;
6.1.2.4.7.2.2 Existing to remove;
6.1.2.4.7.2.3 Proposed reimbursable; and
6.1.2.4.7.2.4 Proposed non-reimbursable.
6.1.2.4.7.3 Utility company failure to provide the necessary information within the timeframes discussed herein, or as agreed upon between parties, will trigger the initiation of noncompliance procedures, at DelDOT 's direction, as outlined in subsection 5.9.
6.1.2.4.7.4 Refer to subsection 6.3 for further details on plan preparation and reimbursable work.
6.1.2.5 Semifinal Milestone. Utility companies shall review semifinal documentation such as plans, cross sections or a UCM , when provided by DelDOT . Utility company shall provide the DelDOT utility coordinator with marked-up semi-final documents for all utilities within the project limits, including the utility company's proposed utility statement (resume of proposed work). [A sample Utility Statement is provided in Appendix E, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2022/appendix-e.pdf.]
6.1.2.5.1 The following items shall be included with the marked semifinal plans:
6.1.2.5.1.1 Written concurrence for ROW shown on construction plans provided by DelDOT
6.1.2.5.1.2 Detailed cost estimate of reimbursable work: including necessary relocations and adjustments, with sufficient detail for discrete elements eligible for reimbursement.
6.1.2.5.1.3 Cost estimate for providing electric power service to traffic signals, roadway lighting, and ITS facilities.
6.1.2.5.2 The utility statement (resume of proposed work), submitted by the utility company, shall contain:
6.1.2.5.2.1 A description of the existing facilities
6.1.2.5.2.2 Any proposed changes, adjustments, or relocation s
6.1.2.5.2.3 The location of the changes shall include station count and offsets.
6.1.2.5.2.4 Quantities of borrow Type C if necessary.
6.1.2.5.2.5 Activity based schedules and the proposed duration (in calendar days) for completing the alterations, adjustments, or relocations for each phase of the project 's sequence of construction / maintenance of traffic (MOT ) or temporary traffic control Plan.
6.1.2.5.2.6 Any work or outage restrictions
6.1.2.5.2.7 A description of the proposed MOT needed to perform utility work; plans may be required if MOT requires more detailed planning than what is provided through the Typical Applications of the DE MUTCD .
6.1.2.5.2.8 A description of all materials with long lead times (lead times greater than three months) for ordering, if applicable.
6.1.2.5.2.9 A description of any anticipated permits required to allow the Utility to move forward with the relocation work, including the timeframe the Utility anticipates it will take to obtain said permits.
6.1.2.5.2.10 Any other information that may impact DelDOT 's contractor.
6.1.2.5.2.11 The utility company shall return an electronic set of semifinal plans with the changes marked, the proposed relocation plan, and their proposed utility statement to the DelDOT utilities engineer through the UPA within ninety (90) days of receipt of semifinal plans from DelDOT , unless a coordination meeting is scheduled. If a coordination meeting is scheduled, the plans should be returned within thirty (30) days of the meeting or the remainder of the 90 days.
6.1.2.5.3 A coordination meeting will be scheduled, at DelDOT 's direction, with affected utility companies to review the utility statements and sequencing bar chart . Utility companies shall modify their utility statements based on the coordination meeting . Utility companies shall submit their updated utility statements to DelDOT fourteen (14) days following the meeting so that a revised DelDOT utility statement can be prepared.
6.1.2.5.4 Utility company failure to provide the necessary information within the timeframes discussed herein, or as agreed upon between parties, will trigger the initiation of noncompliance procedures, at DelDOT 's direction, as outlined in subsection 5.9.
6.1.2.6 Final Plans. Utility companies shall review final plans, construction schedules, and related documentation, when provided by DelDOT . Utility company shall provide the DelDOT utility coordinator with responses within (30) days of receipt of final plans and anticipated final construction schedule unless a coordination meeting is scheduled.
6.1.2.6.1 Written concurrence on final utility statement and activity-based bar chart construction schedule.
6.1.2.6.2 Signed reimbursement agreement
6.1.2.6.3 Request for NTP for advanced relocation
6.1.2.6.4 Request for NTP to order materials with long lead times (lead times greater than three months)
6.1.2.6.5 Request for NTP to start environmental permitting
6.1.2.6.5.1 Should the necessary information not be provided by the utility company within the timeframe discussed herein or as agreed upon between parties, then DelDOT may initiate noncompliance procedures outlined in subsection 5.9.
6.1.2.6.5.2 The utility company shall not begin work on advance relocations required for the highway project until an NTP is issued by the Utilities Engineer authorizing commencement of work. The utility company shall provide DelDOT with notification to ensure that the advanced relocation work is coordinated with and inspected by DelDOT construction . Utility companies shall coordinate directly through the District Public Works office for a utility construction permit , when determined by DelDOT that additional inspection personnel are required.
6.1.2.7 Construction Phase. The utility company shall attend the preconstruction meeting scheduled for the project . If utility company disputes the ability to attend the proposed preconstruction meeting, the utility company shall provide notice to the DelDOT construction engineer, and the utility coordinator assigned to the project . The NTP issued by DelDOT to highway contractor shall serve as the authorization and notice to utility companies for relocation work that is to occur concurrent to the highway project .
6.2 Non-Reimbursable Work. Adjustments to utility facilities occupying highway right-of-way by master franchise are not eligible for reimbursement. Exceptions are discussed in subsection 6.3. If the facilities must be relocated due to DelDOT 's project , DelDOT will provide right-of-way for relocation of the facilities. The relocation of the utility facilities shall be at the sole expense of the utility.
6.3 Reimbursable Work
6.3.1 Utility Reimbursement on Highway Construction Project s
6.3.1.1 Section 143, Title 17, Delaware Code, determines the policies governing expenses of utility adjustments, removals, and relocations.
6.3.1.2 Utility company work that is considered reimbursable, as determined by DelDOT , shall only be eligible for reimbursement based on the utility companies restoring impacted facilities to the condition that existed prior to the project . This is referred to as in-kind replacement. Utilities shall use the procedures established by FHWA for reimbursement. These are explained in the U.S. Department of Transportation Federal Highway Administration Program Guide Utility Relocation and Accommodation on Federal-Aid Highway Projects including amendments.
6.3.1.3 Buy America provisions apply to all contracts within the scope of the NEPA document, regardless of the source of funding, if one contract within the scope of a NEPA document is awarded using Federal-aid funding. When Delaware Code prohibits DelDOT from reimbursing utilities, the utility work is not eligible for federal reimbursement. Federally ineligible work is not subject to the Buy America requirements. The utility may furnish materials from company stock only in the case where the supplied materials meet the Buy America requirements. The utility shall not be required to change its existing standards for materials used in permanent changes to its facilities as long as Buy America requirements are met.
6.3.2 Betterment
6.3.2.1 The cost of a betterment or increased size in facilities is only reimbursable in accordance with FHWA regulations (Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects and Code of Federal Regulations Title 23 Part 645) or as allowed by specific agreements enabled by Delaware Code.
6.3.2.2 When seeking reimbursement with betterment involved, the utility shall submit two Utility PS&E packages. The first detailed estimate with color-coded plans indicates relocation or adjustment in kind and the second shows the facility size increase or betterment . Right-of-way acquisition and salvage value shall be included where applicable on all estimates.
6.3.3 Prior Rights Utility Companies shall submit the following to claim prior rights :
6.3.3.1 Documentation that the utility facility was constructed on private property with an easement of record in the recorder of deeds office and the facility and its easements are encompassed by a DelDOT project ; or
6.3.3.2 Documentation that the utility facility was relocated onto or remained in DelDOT right-of-way under a previous project , during which participants agreed that if it became necessary to relocate for a future transportation project , DelDOT would assume the cost.
6.3.3.3 For proper documentation of this right, the utility shall furnish a copy of the utility agreement stating the arrangement previously agreed to by DelDOT .
6.3.3.4 The utility company shall present DelDOT with proof of prior rights no later than upon receipt of the semi-final plan submission. This may include documentation that shows rights existed prior to dedication of right-of-way or prior to right-of-way being purchased without properly being extinguished.
6.3.4 Reimbursable Work Process. The Utility Companies shall submit all documentation establishing prior rights to the DelDOT Utilities Section for approval. During the process of plan review discussed in subsection 6.1, reimbursable work may be discovered. The utility company shall obtain concurrence from the DelDOT Utilities Section that reimbursable work will be involved. Utility company shall coordinate to ensure that the following actions occur:
6.3.4.1 DelDOT and utility company shall agree in writing as to the obligations and responsibilities of each party.
6.3.4.2 The agreement shall incorporate the conditions of occupancy for each party. The agreement shall also include the rights vested in DelDOT and the rights and privileges retained by the utility company.
6.3.4.3 The interest acquired by or vested in DelDOT in any portion of the rights-of-way of a highway project to be used, occupied, or vacated by utilities shall be adequate in nature and extent for the construction , safe operation, and maintenance of the project .
6.3.5 Utility Adjustment Agreements. The utility company shall enter into utility alteration, adjustment , or relocation agreements for projects where DelDOT will be responsible for the cost of the work. The utility company shall obtain an executed agreement from DelDOT before work begins when state or federal funds are anticipated to be used to pay for all or part of eligible utility adjustments. DelDOT 's Master Utility Reimbursement Agreement can be found in Appendix A, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2022/appendix-a.pdf.
6.3.5.1 Agreement Requirements: Utility adjustment agreements shall include:
6.3.5.1.1 The incorporating limits or areas to be served.
6.3.5.1.2 The responsibility of each party.
6.3.5.1.3 The terms and conditions regarding the relocation , adjustments, or reconstruction.
6.3.5.1.4 The action to be taken in case of noncompliance with state requirements.
6.3.5.1.5 Other provisions as deemed necessary to comply with state laws and regulations.
6.3.5.2 Work incidental to utility relocations shall be performed by the utility company with its own forces including a utility's open-end and continuing construction contractor, or by an approved utility contractor, unless such work is included in DelDOT 's construction contract by separate agreement. When a utility company obtains a contractor for the relocation work, the utility, federal and state regulations apply.
6.3.6 Utility Plan Preparation
6.3.6.1 When reimbursable work is involved, the utility company shall coordinate with DelDOT to ensure that the appropriate construction plans are used to estimate the scope of the utility work to be performed and reimbursed. The utility shall submit the preliminary engineering estimate for any engineering required to design the alteration, adjustments or relocation . A sample of the engineering estimate is provided in Appendix B, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2022/appendix-b.pdf.
6.3.6.2 Utility company shall use the procedures established by FHWA for reimbursement. The procedures are explained in the U.S. DOT FHWA Program Guide: Utility Relocation and Accommodation on Federal-Aid Highway Projects including amendments and the Federal-Aid Policy Guide (FAPG) Code of Federal Regulations Title 23.
6.3.6.3 The preliminary engineering estimate shall become part of the letter agreement mentioned above in subsection 6.3.5. Utility company shall not begin the design for the adjustments or relocations until a notice to proceed has been obtained from DelDOT , indicating that the preliminary engineering estimate is approved and funding has been allocated by DelDOT . The utility company shall prepare the utility plans, specifications, and estimate (utility PS&E ) for the relocation or adjustment and forward them to the DelDOT utilities engineer for review.
6.3.6.4 Any work performed by the utility company prior to DelDOT 's issuing the notice to proceed shall be at the sole expense of the utility.
6.3.6.5 Employment of a Consultant for Utility PS&E
6.3.6.5.1 Utility company shall submit a written request to the DelDOT utilities engineer requesting authorization to obtain a consultant to provide preliminary engineering services for utility relocations. The request shall state the type of work the consultant is expected to perform during the utility relocation for the project , such as: preparing utility plans, specifications, and estimates; inspecting materials; and supervising work.
6.3.6.5.2 The request shall meet the provisions established by federal procurement regulations of the U.S. DOT FHWA , and the applicable regulations of the Program Guide: Utility Relocation and Accommodation on Federal-Aid Highway Projects . Federal funds may participate in the cost of such services performed under existing written continuing contracts when the utility company provides documentation to DelDOT 's Utility Section and obtains concurrence that such work is performed regularly for the utility company in its own work and that the costs are reasonable.
6.3.6.5.3 When a utility company obtains DelDOT consent to have a consultant prepare the utility plans, specifications and estimates, the utility company shall provide the DelDOT utilities engineer with preliminary plans, estimates, and a fee schedule from the consultant for performing the work. The utility company shall review and approve the data before submitting it to the DelDOT utilities engineer .
6.3.6.5.4 When the consultant estimate and other data are deemed acceptable by DelDOT , the utility company shall prepare and submit the specifications, estimates, and a draft of the contract between the responsible consultant and the utility company to the DelDOT utilities engineer . The draft contract and materials shall stipulate the work to be done under the agreement and the method of payment for preparing the utility PS&E package.
6.3.6.5.5 Utility company submittals that propose a consultant fee which is based on a percentage of the work to be performed will not be approved by DelDOT .
6.3.6.5.6 When federal participation is involved in a highway construction project , the agreement with the consultant shall conform to federal procurement regulations and appropriate U.S. DOT regulations. Upon approval of the draft agreement by DelDOT , the utility company shall execute the agreement with the consultant .
6.3.6.6 Processing Utility PS&E Packages. Utility plans, specifications and estimates (utility PS&E ) submitted by the utility company shall include:
6.3.6.6.1 A utility statement . See subsection 6.1.5.2.
6.3.6.6.2 A detailed estimate of the work to be performed. See Appendix B, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2022/appendix-b.pdf, for sample "Utility Relocation Cost Estimate"
6.3.6.6.3 Marked color coded plans indicating:
* Existing to remain (green);
* Existing to be removed (red);
* Proposed reimbursable (blue);
* Proposed non-reimbursable (yellow); and
* Other colors can be used provided they are legible and clearly marked in the legend
6.3.6.6.4 The terms under which the utility is to cross or otherwise occupy the rights-of-way
6.3.6.6.5 A description of the size, type, nature, and extent of each utility company facility to be located within the highway rights-of-way
6.3.6.6.6 A description of each installation's construction requirements, traffic protection, maintenance, access restrictions, and any special conditions
6.3.6.6.7 Proposed maintenance of traffic (MOT ) (i.e. Temporary Traffic control ) needs
6.3.6.6.8 Adequate drawings or sketches that show the existing and proposed locations of the utility facility , including the following:
* Horizontal and vertical locations of proposed facilities;
* Facility locations within the
* Control-of-access lines and approved access points; and
* Responsibilities of the utility company for future adjustments of its facilities to accommodate
6.3.6.6.9 The color-coded, complete utility PS&E package shall be forwarded to the utilities engineer electronically.
6.4 Construction Coordination
6.4.1 Authorization of Utility Work. The utility company shall not proceed with its alterations, adjustments, or relocations until given direction to proceed by DelDOT via the applicable Construction District or District Public Works office .
6.4.1.1 When State or federal funds will pay all or part of the costs of adjustments, all work done by the utility company's own forces shall be performed on a force account basis with reimbursement matching actual costs. When a utility company's request to perform the work by competitive bid has been approved by DelDOT , the utility company shall forward one copy of the bid tabulation, with the preliminary estimate included, to the DelDOT utilities engineer .
6.4.1.2 When a utility company requests permission from DelDOT to perform the work with a current continuing contract, using an outside contractor, the utility company shall include an estimate based on the applicable contract unit prices with the request submitted to the DelDOT utilities engineer .
6.4.2 Coordination During Construction
6.4.2.1 Utility Preconstruction Meetings. The utility companies shall have representatives at preconstruction meetings held by DelDOT or its' contractor to discuss in detail the effect that each utility's adjustment or relocation will have on the progress of the project .
6.4.2.2 Contractor's Schedule. The utility company shall coordinate its contractor's work occurring simultaneously with DelDOT projects. When this coordination is accomplished via a utility progress meeting, a utility company representative shall attend. The utility company shall cooperate in scheduling work so that the DelDOT contractor is not delayed.
6.4.3 Revisions. This section refers to changes required to the plans or estimates after DelDOT 's notice to proceed is given. Occasionally, field conditions necessitate revision to a utility company's approved plan of adjustment or relocation .
6.4.3.1 Revising Construction Projects
6.4.3.1.1 Utility company changes to construction projects and their impact on utility relocation costs shall be carefully considered before proceeding. Refer to the subsection 6.3 summary of reimbursement to public utilities for "second moves" and "change in plans". The time involved, material availability, additional labor and utility costs shall be evaluated before changes are pursued.
6.4.3.1.2 Utility company project plan revisions shall be coordinated with and provided to DelDOT 's utilities engineer , construction engineer, and the project manager for review. DelDOT 's approval is necessary to proceed with the utility company plan revisions.
6.4.3.2 Revising Utility Plans and Estimates. When revisions are necessary to the plan or estimate, the utility company shall forward a copy of the revised plan or estimate and the justification for the change for approval by DelDOT 's utilities engineer or construction engineer. The utility company shall not proceed without DelDOT 's Utility Section approval of the plan change, including confirmation of any additional funds requested to cover the added cost.
6.4.3.3 Change Orders. Copies of all change order correspondence and copies of all utility related correspondence shall include the affected utility companies, DelDOT 's construction region engineer and utilities engineer .
6.4.3.4 As Builts. The utility shall submit as-built plans to the construction engineer and utility engineer for all underground installations within six months of work being completed or as part of the final invoice package. As-built plans shall accurately portray the size, type, and material of the facilities along with the horizontal and vertical location. If as-builts are not provided, DelDOT may withhold reimbursement and take further action to obtain compliance as outlined in subsection 5.9.
6.5 Payment for Work
6.5.1 Utility Billing
6.5.1.1 The utility company may submit progress billings at a frequency not to exceed one invoice per month for costs incurred after the executed utility agreement has been approved and notice to proceed has been provided by DelDOT . The utility company shall also submit progress billings for the cost of materials stockpiled at the project site or specifically purchased and delivered to the utility company for use on the project following similar approval by DelDOT . Any materials purchased, or work performed by the utility company prior to written authorization from the DelDOT utilities engineer shall be done at the company's sole expense. All utility company invoices shall conform to the provisions of the Federal-Aid Policy Guide (FAPG): Code of Federal Regulations, Title 23, Part 645 including; Subpart A which defines policy, procedure, and cost development for utility relocation , adjustments, and reimbursement, and Subpart B which defines policy and procedure for accommodating utility facilities on federal-aid highways.
6.5.1.2 Utility company billing documents including support for incurred costs (such as material used, equipment used, and number and classification of personnel working at the location) shall be submitted to the DelDOT Utilities Section .
6.5.1.3 Buy America certification shall be provided with or prior to any request for reimbursement.
6.5.2 Final Bill from Utility Company. A final and complete billing of all costs incurred shall be made by the utility company within six months from the last chargeable day of the project in compliance with the executed agreement . The utility company statement of billing shall follow the order of the items in the utility PS&E identified as part of the executed letter of the agreement between DelDOT and the utility company. The statement shall be itemized to show:
6.5.2.1 The DelDOT contract number, federal-aid project number, project location, and executed utility agreement number.
6.5.2.2 A brief description of work performed, identifying the utility PS&E submission incorporated in project limits.
6.5.2.3 The date the last work was performed on the last billed expense item.
6.5.2.4 Goods received to date.
6.5.2.5 A statement from the utility company stating whether it has or has not been paid in full for all reimbursable work performed.
6.5.2.6 The totals for each of the following costs: labor, overhead, travel expenses, transportation, equipment, handling, material and supplies, and other services.
6.5.2.7 Salvage credits from recovered and replaced permanent material and recovered temporary material.
6.5.2.8 The replacement cost or the original charge for temporary use of material.
6.5.2.9 The location where the records and accounts billed can be audited, and the name of a contact person for auditing purposes.
6.5.2.10 A definitive statement about the origin of all products, permanently incorporated into the project , covered under the Buy America requirements, if applicable.
6.5.2.11 The final invoice specifying "final" and containing a summary of total project costs billed.
6.5.3 Final Invoice Copies and As-Built Plans
6.5.3.1 The utility company shall provide DelDOT with one copy of the final invoice.
6.5.3.2 The Utility Company shall provide DelDOT with as-built plans following construction to document any changes that were made in construction . As-built plans shall be provided prior to final reimbursement.
6.5.4 Electric Power Service for Roadway Lighting, Traffic Signals, and Equipment. Utility company shall follow the DelDOT Design Guidance Memorandum (DGM) Process for Requesting Electrical Power Services, dated April 7, 2020.
Notes
26 DE Reg.