(a) A utility shall cooperate with an operator in coordinating the construction, operation, and maintenance of utility systems, facilities, and infrastructure that serves a transit project.
(b) Coordination under this section includes:(1) Provision of utility service;(2) Relocation or protection of existing utility systems, facilities, and infrastructure; and(3) Identification of subsurface rights-of-way or infrastructure that may affect construction of a transit project.
(1) Provision of utility service;
(2) Relocation or protection of existing utility systems, facilities, and infrastructure; and
(3) Identification of subsurface rights-of-way or infrastructure that may affect construction of a transit project.
(c) (1) If the construction, operation, or maintenance of a transit project requires the relocation, protection, adjustment, or reconstruction of existing utility systems, facilities, or infrastructure, then the operator is responsible for the actual costs associated with the relocation, protection, adjustment, or reconstruction unless otherwise agreed upon by the operator and the utility.(2) As used in this subsection (c), “actual costs”:(A) Means costs consistent with prevailing market rates for comparable work within the same geographic region; and(B) Does not include:(i) Costs for betterments, upgrades, or expansions that increase the capacity or capability of a utility's systems, facilities, or infrastructure beyond that which existed before the relocation, protection, adjustment, or reconstruction of such existing utility's systems, facilities, or infrastructure, unless otherwise agreed to between the utility and the operator;(ii) Costs that exceed prevailing market rates without documented justification based on unique technical, safety, or operational requirements;(iii) Costs that could have been avoided through the alternative use of commercially reasonable methods to minimize costs; or(iv) Costs that are not directly attributable to such relocation, protection, adjustment, or reconstruction required for the construction, operation, or maintenance of a transit project.
(1) If the construction, operation, or maintenance of a transit project requires the relocation, protection, adjustment, or reconstruction of existing utility systems, facilities, or infrastructure, then the operator is responsible for the actual costs associated with the relocation, protection, adjustment, or reconstruction unless otherwise agreed upon by the operator and the utility.
(2) As used in this subsection (c), “actual costs”:(A) Means costs consistent with prevailing market rates for comparable work within the same geographic region; and(B) Does not include:(i) Costs for betterments, upgrades, or expansions that increase the capacity or capability of a utility's systems, facilities, or infrastructure beyond that which existed before the relocation, protection, adjustment, or reconstruction of such existing utility's systems, facilities, or infrastructure, unless otherwise agreed to between the utility and the operator;(ii) Costs that exceed prevailing market rates without documented justification based on unique technical, safety, or operational requirements;(iii) Costs that could have been avoided through the alternative use of commercially reasonable methods to minimize costs; or(iv) Costs that are not directly attributable to such relocation, protection, adjustment, or reconstruction required for the construction, operation, or maintenance of a transit project.
(A) Means costs consistent with prevailing market rates for comparable work within the same geographic region; and
(B) Does not include:(i) Costs for betterments, upgrades, or expansions that increase the capacity or capability of a utility's systems, facilities, or infrastructure beyond that which existed before the relocation, protection, adjustment, or reconstruction of such existing utility's systems, facilities, or infrastructure, unless otherwise agreed to between the utility and the operator;(ii) Costs that exceed prevailing market rates without documented justification based on unique technical, safety, or operational requirements;(iii) Costs that could have been avoided through the alternative use of commercially reasonable methods to minimize costs; or(iv) Costs that are not directly attributable to such relocation, protection, adjustment, or reconstruction required for the construction, operation, or maintenance of a transit project.
(i) Costs for betterments, upgrades, or expansions that increase the capacity or capability of a utility's systems, facilities, or infrastructure beyond that which existed before the relocation, protection, adjustment, or reconstruction of such existing utility's systems, facilities, or infrastructure, unless otherwise agreed to between the utility and the operator;
(ii) Costs that exceed prevailing market rates without documented justification based on unique technical, safety, or operational requirements;
(iii) Costs that could have been avoided through the alternative use of commercially reasonable methods to minimize costs; or
(iv) Costs that are not directly attributable to such relocation, protection, adjustment, or reconstruction required for the construction, operation, or maintenance of a transit project.
(d) In coordinating with a utility under this section, an operator shall design and construct a transit project in a manner that:(1) Maintains reasonable separation from existing utility systems, facilities, and infrastructure; and(2) Does not unreasonably interfere with a utility's ability to comply with applicable federal or state safety standards, including minimum cover, clearance, and access requirements.
(1) Maintains reasonable separation from existing utility systems, facilities, and infrastructure; and
(2) Does not unreasonably interfere with a utility's ability to comply with applicable federal or state safety standards, including minimum cover, clearance, and access requirements.