Common use of Utility Relocations Clause in Contracts

Utility Relocations. All utility coordination and relocation activities shall be in accordance with 23 C.F.R. 645 and SCDOT’s “A Policy for Accommodating Utilities on Highway Rights of Way.” Utility relocations will be paid based on prior rights and applicable laws and regulations, including Act 36 of 2019, codified as S.C. Code Section 57-5-880. Where a utility establishes a prior right of occupancy in its existing location, costs of that relocation, including all real and actual costs associated (engineering, easements, construction, inspections, etc.) shall be eligible Project expenses. Prior rights may be established by the following means: 3.7.1 The utility holds a fee, an easement, or other real property interest, the taking of which is compensable in eminent domain. 3.7.2 The utility occupies SCDOT or County right-of-way, and per an existing agreement with SCDOT or County, is not required to relocate at its own expense. 3.7.3 Where the utility cannot establish a prior right of occupancy, the utility will be required to relocate at its own expense. However, in some cases County may elect to use Project funds for all or part of such utility costs. 3.7.4 If Federal funds are used for utility relocations, Federal regulations found at 23 CFR 645 A and B will be followed.