R/W Form 305 "Utility Relocation Agreement" - Oklahoma

What Is R/W Form 305?

This is a legal form that was released by the Oklahoma Department of Transportation - a government authority operating within Oklahoma. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on May 1, 2020;
  • The latest edition provided by the Oklahoma Department of Transportation;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of R/W Form 305 by clicking the link below or browse more documents and templates provided by the Oklahoma Department of Transportation.

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Download R/W Form 305 "Utility Relocation Agreement" - Oklahoma

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STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
UTILITY RELOCATION AGREEMENT
PROJECT NO.
JOB PIECE NO.
UTILITIES
COUNTY
THIS AGREEMENT, made and entered into by and between the Department of Transportation acting for and on
behalf of the State of Oklahoma, hereinafter called the "State" and
(Company Name/Address)
hereinafter called the "Utility Owner".
WITNESS TO THAT
WHEREAS, the State proposed to improve
Highway No.
and such improvements will
necessitate rearrangement of facilities by said Utility Owner (state scope and nature of work on reverse side), and
WHEREAS, it is understood that if said project is to be financed in part from funds appropriated by the United States
and expended under its regulations, that acceptance of work and procedure in general are subject to Federal Laws,
Rules, Regulations, Orders, and Approvals applying to it as a Federal Project, and that costs for items entering into the
improvement are reimbursable to the State in such amounts and forms as are proper and eligible for payment from
Federal Funds. Reference is made to U.S. Department of Transportation, Code of Federal Regulations, Title 23, Parts
645A, 645B and 635.410, included in the Right-of-Way and Utilities Division Policies and Procedures, and
WHEREAS, it is understood that Title 69, O. S., § 1205 and 1403 each as amended, define the extent to which the
State and the Utility Owner may be obligated in the costs of utility rearrangements, and the utility locations on all
highways are governed by Regulations and Policies adopted by the State Transportation Commission for the protection
and maintenance of the highways, and for the safety of the highway users, and
WHEREAS, the State reserves the right to cancel this Agreement at any time prior to the beginning of the adjustment
or relocation of the facilities of this Utility Owner, and
WHEREAS, the State agrees to pay the Utility Owner for the proportionate share of the actual cost to prepare
approved preliminary engineering plans and estimates at the State's request, if for any reason the State cancels this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Utility Owner agrees:
1.
To prepare a detailed estimate of the cost of work to be performed in accordance with the Department's
Right-of-Way and Utilities Division Policies and Procedures, and such estimate of cost must be attached
and be a part of this Agreement. The estimate will include: (1) The accounting system to be used in
computing the relocation costs; (2) Credit for Expired Service Life setting forth therein the conditions
on which such credit was determined or complete justification if the credit is not applicable; and;
(3) Whether equipment costs are developed from experience records.
Page 1
R/W Form 305 (Revised 05/2020)
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
UTILITY RELOCATION AGREEMENT
PROJECT NO.
JOB PIECE NO.
UTILITIES
COUNTY
THIS AGREEMENT, made and entered into by and between the Department of Transportation acting for and on
behalf of the State of Oklahoma, hereinafter called the "State" and
(Company Name/Address)
hereinafter called the "Utility Owner".
WITNESS TO THAT
WHEREAS, the State proposed to improve
Highway No.
and such improvements will
necessitate rearrangement of facilities by said Utility Owner (state scope and nature of work on reverse side), and
WHEREAS, it is understood that if said project is to be financed in part from funds appropriated by the United States
and expended under its regulations, that acceptance of work and procedure in general are subject to Federal Laws,
Rules, Regulations, Orders, and Approvals applying to it as a Federal Project, and that costs for items entering into the
improvement are reimbursable to the State in such amounts and forms as are proper and eligible for payment from
Federal Funds. Reference is made to U.S. Department of Transportation, Code of Federal Regulations, Title 23, Parts
645A, 645B and 635.410, included in the Right-of-Way and Utilities Division Policies and Procedures, and
WHEREAS, it is understood that Title 69, O. S., § 1205 and 1403 each as amended, define the extent to which the
State and the Utility Owner may be obligated in the costs of utility rearrangements, and the utility locations on all
highways are governed by Regulations and Policies adopted by the State Transportation Commission for the protection
and maintenance of the highways, and for the safety of the highway users, and
WHEREAS, the State reserves the right to cancel this Agreement at any time prior to the beginning of the adjustment
or relocation of the facilities of this Utility Owner, and
WHEREAS, the State agrees to pay the Utility Owner for the proportionate share of the actual cost to prepare
approved preliminary engineering plans and estimates at the State's request, if for any reason the State cancels this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Utility Owner agrees:
1.
To prepare a detailed estimate of the cost of work to be performed in accordance with the Department's
Right-of-Way and Utilities Division Policies and Procedures, and such estimate of cost must be attached
and be a part of this Agreement. The estimate will include: (1) The accounting system to be used in
computing the relocation costs; (2) Credit for Expired Service Life setting forth therein the conditions
on which such credit was determined or complete justification if the credit is not applicable; and;
(3) Whether equipment costs are developed from experience records.
Page 1
R/W Form 305 (Revised 05/2020)
2.
To include the costs for backfill and compaction of any trenches or holes within the right-of-way limits in the
estimate of costs. The backfill will be placed and compacted to a density as directed by the Resident
Engineer/Manager, but will not be compacted to less than that of the adjacent soil.
3.
Any and all existing fencing that may require alteration during the utility relocation process shall be restored to
its original condition during and after the time of utility relocation/rearrangement. It is the responsibility of the
utility owner to insure that the integrity of the fencing is not compromised at any time to an extent in which it
prevents the fencing from performing its intended purpose.
4.
To prepare drawings showing the present, temporary and proposed location of its facilities with reference to the
centerline of survey and/or the new or existing right-of-way lines using highway stationing in both plan and
profile. Delineate details, including date of installation, class, and type of present facility. To comply with all
applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (DEQ)
requirements for pollution prevention, including discharges from storm water runoff on this project.
Further, agrees to secure a Storm Water Permit from the DEQ, when required. It is agreed that the project
plans and specifications, required schedules for accomplishing the temporary and permanent erosion control
work, the storm water pollution prevention plans and the appropriate location map contained in the plans
constitute the Storm Water Management Plan for the project previously described in the document. Agrees to
have daily operational control of those activities, at the site, necessary to ensure compliance with plan
requirements and permit conditions. Agrees to file the Notice of Intent (NOI), when required, for a general
construction Oklahoma Pollutant Discharge Elimination System Permit with DEQ, which authorizes
discharges of storm water associated with construction activity from the project site identified in this document.
Such drawings will be attached to and become a part of this agreement.
5.
To begin the process of adjustment or relocation of the facilities as shown on the plans and covered by this
Agreement within a reasonable time, depending on the availability of material and work forces, but the actual
time must not exceed thirty (30) days after receipt of notice from the state to do so, and in no event proceed
with any adjustment or relocation work until such notice is received. To inform the State's Resident
Engineer/Manager of: (1) The proposed starting date, prior to commencing work, and continually maintaining
liaison with his/her office for the duration of the physical relocation; (2) The materials to be disposed of by
scrapping, or sale, and to inform him/her of a time and place for his/her inspection thereof; (3) The date work
is completed.
6.
Compliance with the Buy America Requirements:
A.
In accordance with the BUY AMERICA requirements of the Federal Regulations (23 USC
313
§
and 23 CFR
635.410) all manufacturing processes, including the application of coating, for all steel and
§
iron products furnished for permanent incorporation into the work on this project shall occur in the
United States.
"All manufacturing processes" are defined as any process required to change the raw ore or scrap metal into
the finished steel or iron project (smelting, rolling, extruding, bending, etc.).
"Coating" is defined as any process which protects or enhances the value of the steel or iron produce to which
the coating is applied (epoxy, galvanizing, painting, etc.).
Products of steel include, but are not limited to, such products as steel pipe, steel encasement, reinforced
concrete pipe, steel electrical poles, conductor wire, etc. Products of iron include, but are not limited to,
such products as ductile iron pipe. The coating material is not limited to this clause, only the application
process.
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R/W Form 305 (Revised 05/2020)
The following materials are exempt, unless processed or refined to include substantial amounts of steel or iron
material, and may be used regardless of source in the domestic manufacturing process for steel or iron material:
• Raw Materials (iron ore or alloys)
• Scrap
• Pig Iron
• Processed, pelletized, and reduced iron ore material
• Aluminum
• Brass
• Copper
For recycled steel, only the manufacturing processes to produce steel products must occur domestically
beginning at the point where the recycled steel is melted.
B.
Minimal Use Request - The federal regulations do not prevent the use of miscellaneous steel or iron
components, subcomponents and hardware necessary to encase, assemble and construct certain highway
products and manufactured products that are not predominately steel or iron if the cost of such materials used
does not exceed one tenth of one percent (0.1%) of the total contract price or $2,500.00, whichever is greater.
The value of any foreign material to be used includes the cost of the material as well as any shipping and
taxes.
The Contractor/Utility Owner must submit a written request to the Resident Engineer which includes the
origin and value of any foreign material to be used. This request must be submitted prior to the work being
performed.
C.
Compliance with Buy American Requirements - The Contractor/Utility Owner's responsibility for
meeting the Buy America requirements are as follows:
a)
Before any work begins that incorporates steel or iron products into the project, the contractor
shall submit a project specific certification letter stating that all manufacturing processes
involved with the production of these projects will occur in the United States, along with
project specific certification letters from each subcontractor and supplier of steel or iron
products for the project (See attached example letter in "Exhibit C").
b)
For each steel or iron product incorporated into the project, the Contractor/Utility Owner
will be responsible for providing to the Department a completed "Certificate of Materials
Origin" form (See attached form in "Exhibit B"). The "Certificate of Materials Origin"
will list each corporate entity involved in the manufacturing of the steel item from smelting
through all fabrication process. In most instances, determination of compliance with Buy
America requirements should be achieved prior to incorporating the product into the work.
If not, the Resident Engineer will be responsible for withholding payment for this work until
compliance has been determined.
c)
Additionally, each Contractor/Utility Owner should maintain a signed mill test report and/or
a signed certification by EACH supplier, distributor, fabricator, or manufacturer that
has handled the steel or iron product affirming that every process, including the application
of the coating, performed on the steel or iron project has been carried out in the United States
in accordance with the requirements of the corresponding category listed below. The
certifications should be maintained by the Contractor/Utility Owner and available for the
Department to audit until the project has been accepted by the Department.
R/W Form 305 (Revised 05/2020)
Page 3
d)
The lack of these certifications will be justification for rejection of the steel and/or iron
product or nonpayment of the work.
7.
a.
That no contract with any individual will be entered into without meeting the requirements of
the Department's Right-of-Way and Utilities Division Policies and Procedures.
b.
That contract work for technical services, professional services or other labor classifications involved
in the rearrangement of the facility proposed under this Agreement will be supported by a statement
to the effect that, “The Utility Company is not adequately staffed or equipped to perform such work
with its own forces.” Proper approval must be obtained in accordance with the Right-of-Way and
Utilities Division Policies and Procedures prior to executing a contract with any outside firm
or continuing contractor.
8.
To submit to the State, within ninety (90) days after satisfactory completion of rearrangement of their facilities
under this Agreement, a claim using ODOT Claim Form 324A, with a certified statement of costs in
accordance with the provisions of the aforementioned memorandums.
It is understood this Agreement does not change the rights or obligations of the Utility Owner as they exist in
accordance with present State Law.
In consideration of the faithful performance by the Utility Owner of the foregoing, the State agrees:
To reimburse the Utility Owner for the actual costs of work completed, prorated on the basis of the
following percentage or for the lump sum as proposed:
(1) Utility Owner Share of Cost
%.
Estimated Utility Owner Cost $
(2) State Share of Cost
%.
Estimated State Cost
$
OR
State Cost
$
(3) Lump Sum Proposal
Nothing herein shall in any way be construed to relieve the Utility Owner from its liability, if any, for
payment of a portion of these costs pursuant to 69 O.S. 2001 § 1205, as amended.
R/W Form 305 (Revised 05/2020)
Page 4
IN WITNESS WHEREOF, the parties hereto have caused this Utility Relocation Agreement to be executed by their
duly authorized officers on the day and year last below written.
APPROVAL RECOMMENDED:
______________________________________________
Resident Engineer/Manager
Date
Name: Utility Owner
______________________________________________
____________________________________________
Division Engineer
Date
Signature: Utility Owner/Agent
Date
______________________________________________
Chief, Right-of-Way & Utilities Division
Date
Title: Utility Owner/Agent
DEPARTMENT OF TRANSPORTATION FOR THE
STATE OF OKLAHOMA (ACTING FOR AND ON
BEHALF OF THE STATE OF OKLAHOMA)
______________________________________________
By: Director
Date
(State scope and nature of work in space provided below)
R/W Form 305 (Revised 05/2020)
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