Date

Contact name

Company name

Address

City, State, Zip

SUBJECT:County, Federal Number

State Number

Project Name

Item Number

Dear Contact name:

Your Company has facilities, which may require relocation and/or adjustment in order to accommodate the proposed construction of the subject project by the Department of Highways. A set of roadway plans is attached for your company's use.

We have authorized funds only to perform preliminary engineering for the relocation of your company's facilities has been approved to be performed by company personnel only. If your organization is not staffed and/or you choose to have preliminary engineering performed by a consultant engineering firm (anyone other than company personnel) it will be necessary to obtain prior approval from our Chief District Engineer and state your reasons for wanting to do so. This procedure also pertains to right of way, easement acquisition and appraisal work. Upon receipt of your letter you will be advised as to what additional information is needed.

The above outlined procedure applies, when your company chooses to use an outside contractor (other than company personnel) for contract labor, rental equipment and materials. Approval for use of contract labor, rental equipment and materials shall be requested at the time your estimate is submitted.

Failure to obtain prior approval for any and all contract work shall result in loss of reimbursement for unapproved portions of contract work.

Please note that we may negotiate and execute agreements only that include preliminary engineering at this time. If a preliminary engineering agreement is executed, a second agreement will be necessary at a later date that addresses final design and relocation execution. Since the funding for the final design and construction is not yet secured, no work may commence on such matters until a second letter is sent stating that the funding has been made available.

All correspondence, including should be directed to the Chief District Engineer, _____, ______, ______, Kentucky _____, Telephone Number: (___) ___-_____.

Please contact this office, if for some reason this date is not agreeable to you or you have questions about this material. Thank you for your cooperation with this matter.

Very truly yours,

District Utilities Supervisor/Agent

C:Area Utilities Coordinator

The Department will need the following information in order to compensate your company for the preliminary relocation design (Applicable if any your facilities on this project are now located on PRIVATELY OWNED right of way or if your relocation costs are compensable in accordance with KRS 177.035):

A detailed estimate prepared in duplicate and in accordance with Federal Aid Policy Guide, 23 CFR 645A. (The estimate should show the number of days required for the completion of your work after notification to proceed from the District; and the amounts estimated for Force Account and/or Contract Work.) Also include the highway prints marked in black ink showing the present and future locations of your company's facilities. The drawings should be accurate and detailed to show sizes, distances, types of materials, sheet totals of the materials and profiles of underground road crossings. These plan sheets must be reproduced, therefore, please not fold or bend them.

Please include the following statement with the submission of preliminary relocation plans and estimate:

The (company) certifies this estimate is for constructing the most economical type of facilities in the new locations, excluding betterment, as will satisfactorily meet the same service requirements of the old facilities on the subject project and that such costs are eligible for payment in accordance with an agreement with the Transportation Cabinet.

If all of your facilities are located on PUBLIC rights of way or not compensable in accordance with KRS 179.265:

You will be asked to submit a “No Charge” letter to the District Utilities Supervisor which should state that your Company will be relocating and/or adjusting its facilities at no cost to the Transportation Cabinet.

If the road project uses any amount of Federal Aid Highway Program (FAHP) funding and your facilities require relocation due to the road project:

To the extent applicable, utility relocations shall comply with the Buy America requirements (as specified in 23 U.S.C. 313 and 23 CFR 635.410). Your Company is not required to change its existing standards for materials as long as the Buy America requirements are met. Buy America requirements take precedence over regulations pertaining to the accommodation or relocation of facilities (as specified in 23 CFR 645) on contracts or agreements involving FAHP funding and over regulations which allow your Company to furnish materials from company stock (as specified in 23 CFR 645.117(e)). Company stock materials that do not meet Buy America requirements may not be permanently incorporated into an FAHP funded project. In some circumstances, a waiver of the Buy America requirements may be granted by the Federal Highway Administration, to be determined on a project-by-project basis.