6.5.2 Non-reimbursable Utility Cost
The department may cause or make a relocation of utility facilities, which are not reimbursable. The utility must reimburse the department for any amount expended by the department for relocation. This applies to a project, if:
- Relocation is essential to timely completion of a state highway improvement;
- Continuous service to utility customers is essential to the local economy or public well-being;
- Short-term funding situation for the utility would prevent a utility from being able to pay the cost of relocation in full or in part at the time of relocation, which would adversely affect their operations and essential services to customers; or
- The department has contacted the utility and reached an agreement that work activities will comply with laws and regulations, be done by qualified persons, and ensures disruptions of utility service will be minimized.
The utility must reimburse the department for the full cost of the relocation under terms of an approved advance written agreement for non-reimbursable utility work included in the PS&E.
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