reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 20 - Acquisition and Disposal of Properties › Subchapter 1 - Rights-Of-Way › Section 730:20-1-5 - Control of encroachments

Current through Vol. 41, No. 20, July 1, 2024
The policy for the control of encroachments shall be as
				  follows:
(1) No encroachment of any
				nature will be permitted on the Interstate System.
(2) No encroachments of any nature will be
				permitted on state highways in rural areas.
(3) On state or federal highways passing
				through the corporate limits of cities and towns, awnings, on-premise signs,
				fire escapes, window air conditioning units, etc., will be permitted to
				overhang the public right-of-way, provided that determination is made that such
				use is in the public interest and will not interfere with the free flow of
				traffic and that such object does not constitute a hazard to pedestrians or to
				the traveling public. All overhang must be a minimum of two (2) feet back of
				the curb and supported from outside the right-of-way limits. The provisions of
				this subsection shall not apply to highways which are part of the National
				System of Interstate and Defense Highways, nor shall this subsection be
				interpreted in any manner which causes a conflict with the requirements of the
				United States Department of Transportation.
(4) On all new construction being planned
				inside the corporate limits of cities and towns, it shall be the responsibility
				of the city or town involved to clear the rights-of-way in accordance with the
				Department policy. No project may be let for construction until the project is
				considered by the Department to be clear of all encroachments.
(5) Where a maintenance or construction
				project has been completed on the state highway system within the corporate
				limits of a city or town, and where the city or town has failed to properly
				enforce the policy of the Department after completion of the project, no
				further construction or maintenance projects will be let in said city or town
				until all encroachments are removed or caused to be removed by the city or
				town.
Amended at 16 Ok Reg
				  2030, eff 6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 20 - Acquisition and Disposal of Properties › Subchapter 1 - Rights-Of-Way › Section 730:20-1-6 - Use of federal funds for right-of-way within city limits

Current through Vol. 41, No. 20, July 1, 2024
Federal funds may, at the discretion of the Department, be
				  used for participation in the purchase of right-of-way, and/or the cost of
				  providing relocation assistance, and/or the cost of adjustment of utilities
				  within the city limits of towns.
Amended at 16 Ok Reg
				  2030, eff 6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 20 - Acquisition and Disposal of Properties › Subchapter 1 - Rights-Of-Way › Section 730:20-1-7 - Advance right-of-way acquisition [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 16 Ok Reg
				  2030, eff 6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 20 - Acquisition and Disposal of Properties › Subchapter 1 - Rights-Of-Way › Section 730:20-1-8 - Relocation assistance

Current through Vol. 41, No. 20, July 1, 2024
The policies and procedures for the payment of monies for
				  relocation benefits and provisions of advisory assistance shall be uniform on
				  all state transportation projects in accordance with federal and state laws and
				  regulations, and without respect to federal participation.
Amended at 16 Ok Reg
				  2030, eff 6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 20 - Acquisition and Disposal of Properties › Subchapter 3 - Improvement Removal and Contract › Section 730:20-3-1 - Processes for right-of-way improvement removal contracts below $50,000.00

Current through Vol. 41, No. 20, July 1, 2024
(a) In accordance
				with 61 O.S. §
									103.5,
				contracts not exceeding Fifty Thousand Dollars ($50,000.00) entered into solely
				for right-of-way clearance projects by the Transportation Commission shall not
				be considered as public construction contracts and are not required to be
				competitively bid. Right-of-way clearance contracts not required to be
				competitively bid pertain exclusively to:
(1)
				demolition and removal of buildings
(2) foundations
(3) slab floors
(4) stem walls
(5) steps
(6) brush
(7) shrubs
(8) brickbats or stone and all
				rubbish
(9) scrap Iron
(10) fencing
(11) debris
(12) installation of new right-of-way
				fencing.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 20 - Acquisition and Disposal of Properties › Subchapter 3 - Improvement Removal and Contract › Section 730:20-3-2 - Selection process for right-of way improvement removal contracts below $50,000.00

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Unless otherwise noted, upon approval of the request to contract for services
				for contracts not exceeding Fifty Thousand Dollars ($50,000.00) , the
				contractor selection process shall proceed according to one of the following
				selection methods:
(1) A Competitive Proposal
				(Quote Solicitation and Bid Tabulation) determines pre-qualified service
				providers capable of performing right-of-way contracts. Upon tabulation of
				responsive bid proposals for a contracted project, the lowest responsible bid
				will be selected. Responsible bids are determined to be those that are received
				in a timely manner, have all elements of the Request For Proposal (RFP)
				completed, and provide a full list of pre-qualified personnel intended to be
				used to perform the work described in the scope of services. RFP's that do not
				identify personnel or that identify personnel that have not been pre-qualified
				to perform work for the Department of Transportation will be deemed as
				unresponsive.
(2) Qualifications
				Based Selection (QBS). This selection process is intended to be utilized on
				large, complex projects when there is sufficient time available in the project
				development schedule.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 1 - General Provisions › Section 730:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this chapter is to issue guidance and
				  procedures for the uniform and equitable treatment of individuals,
				  partnerships, and corporations that are either desiring to, or are doing
				  business with the Department through construction or maintenance
				  contracts.
Amended at 12 Ok Reg
				  1269, eff 5-11-95
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 3 - Contractor Prequalificaiton and Proposals › Section 730:25-3-1 - Prequalification

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of
				contractor qualification is to make an initial determination if a contractor
				has adequate financial resources, integrity, experience, and proven performance
				to maintain progress on Oklahoma Department of Transportation projects and to
				make timely payments to sub-contractors and material suppliers.
				Prequalification is the method of qualification which has been adopted by the
				Oklahoma Transportation Commission and the Department pursuant to the Public
				Competitive Bidding Act at Title 61 OS §
									118.
				Prequalification provides a method by which the Department may review a
				contractor's financial resources and technical expertise before a contractor is
				allowed to bid on projects which have not been exempted from the
				prequalification requirement. Prequalification is not a license, but is rather
				a procedure used by the Department to evaluate prospective bidders' ability to
				perform. Prospective bidders must ensure that their prequalification
				application is accurate and complete in all aspects, and fully discloses all
				information requested in the application form. Prospective bidders will be
				allowed to submit one application in a twelve month period. The Department may
				request additional information for clarification of a prospective bidder's
				application. The owners and officers who comprise a company will be the
				determinative factor as to the existence of prior prequalification applications
				not an alteration or change of an organization name. The prequalification
				application and all financial information submitted to the Department by a
				contractor for the purpose of prequalification shall be held in confidence by
				the Department and shall not be an open record pursuant to the Oklahoma Open
				Records Act at Title 51 OS §
									24A.3(1)(d).
(b) Except as provided in this subchapter,
				only prequalified contractors will be permitted to bid on construction and
				maintenance contracts to be awarded by the Commission on the recommendation of
				the Department. When projects do not encompass highway construction
				maintenance, the Department may waive prequalification when it is in the best
				interest of the State and to increase competition on individual projects of a
				special nature including, but not limited to:
(1) Right-of-Way Clearance
(2) Landscaping
(3) Wetland creation
(4) Repair or maintenance of railroad
				facilities
(5) Environmental
				cleanup or mitigation
(6)
				Transportation enhancement projects
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 3 - Contractor Prequalificaiton and Proposals › Section 730:25-3-2 - Prior bonding; Letter of Credit in lieu of bond [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  1269, eff 5-11-95
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 3 - Contractor Prequalificaiton and Proposals › Section 730:25-3-3 - Non-resident contractors

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Every non-resident contractor, including any corporation not incorporated in
				this state, shall, before it is permitted to transact business with the
				Department, appoint and maintain a service agent upon whom service of process
				may be made in any action to which the contractor may be a party. Appointment
				of an agent for service, properly executed and acknowledged, will be filed with
				the Secretary of State, and will state the residence address or place of
				business of the agent and any other information required by law or the
				Secretary of State. A certified copy of this filing will be furnished to the
				Department. The service agent shall not be an official, either elective or
				appointive, of the United States or any political subdivision thereof, a
				bondsman, surety, subcontractor, or materials supplier.
(b) Every applicant foreign corporation,
				firm, association, or legal entity will file a certified copy of its Articles
				of Incorporation, partnership agreement, or joint venture agreement, with the
				Department.
(c) Every foreign
				corporation, firm, association, or other legal entity will file with the
				Department evidence that it has become domesticated in the State of Oklahoma
				and has been authorized to transact business in the State of
				Oklahoma.
Amended at 12 Ok Reg
				  1269, eff 5-11-95
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 3 - Contractor Prequalificaiton and Proposals › Section 730:25-3-4 - Obtaining Bid Documents (Proposals)

Current through Vol. 41, No. 20, July 1, 2024
(a) All bid proposals will be obtained from
				the Department's Office Engineer in Oklahoma City, Oklahoma.
(b) Bid proposal blanks will be stamped by
				the Department with the name of the contractor and the date of issue and NO
				other proposal blanks will be accepted. The fee for each proposal shall be
				fifty dollars ($50.00), which fee is non-refundable.
(c) No proposal for construction or
				maintenance projects advertised for bids by the Department will be issued to
				any contractor within 24 hours prior to the bid opening for that
				contract.
(d) The Department
				reserves the right to refuse issue of bid documents to a contractor who has a
				current Department project(s) being assessed liquidated damages due to a
				failure to complete contract work within the prescribed contract
				time.
(e) No proposal will be
				issued to a contractor who has defaulted on a previous Department contract
				within the preceding five (5) years.
(f) No proposal will be issued to a
				contractor who fails to cooperate fully with Department, State or Federal
				auditors in the review of contractor's records.
Amended at 12 Ok Reg
				  1269, eff 5-11-95; Amended at 18 Ok Reg 1357, eff 5-11-01; Amended at 25 Ok Reg
				  1710, eff 6-12-08
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 3 - Contractor Prequalificaiton and Proposals › Section 730:25-3-4.1 - Right to suspend or debar from bidding

Current through Vol. 41, No. 20, July 1, 2024
The Commission and Department reserve the right to:
(1) Suspend or debar, under the provisions of
				this subchapter, any contractor, subcontractor, material supplier, or officer,
				agent, employee of such entity, from bidding or participating in contracts
				awarded by the Commission upon conviction of a crime involving fraud, moral
				turpitude or offenses against the public contracting laws of the United States
				or any State of the United States, unsatisfactory performance of project work,
				or other act or omission as set forth in this subchapter. For purposes of this
				subsection, a plea of guilty or nolo contendere shall be considered a
				conviction.
(2) Suspend or debar
				under provisions of this subchapter any contractor, subcontractor, or material
				supplier for failure to register and participate in the "Status Verification
				System" used to verify or ascertain the citizenship or immigration status as
				well as the work eligibility status of new employees.
(3) Suspend or debar contractors for other
				good cause shown or as may be subsequently listed in the code.
(4) Refuse to award or approve subcontractors
				or material suppliers.
Added at 25 Ok Reg 1710,
				  eff 6-12-08
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 3 - Contractor Prequalificaiton and Proposals › Section 730:25-3-5 - Debarments and suspensions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Debarment.
A contractor, any of its directors, officers, agents,
				or employees, any affiliate of a contractor, any subcontractor, or any material
				supplier shall be subject to debarment proceeding for the reasons set forth in
				this section. For purposes of this section, a plea of guilty or nolo contendere
				shall be considered a conviction.
(1)
				Debarment may occur for any of the following reasons:
(A) Conviction of a bidding crime which shall
				be defined as any act prohibited by any State or Federal law committed, by any
				court in any jurisdiction, when such act involves fraud, conspiracy, collusion,
				perjury or material misrepresentation with respect to any contract, public or
				private; or
(B) Conviction of a
				crime involving fraud, moral turpitude, or offenses against the public
				contracting laws of the United States or any State of the United States;
				or
(C) Conviction of any offense
				indication a lack of moral and ethical integrity by any court in any
				jurisdiction, which may reasonably be perceived as relating to or reflection
				upon the business practices of the company, its officers, or directors;
				or
(D) Any other cause of a serious
				and compelling nature affecting the responsibility of the contractor;
				or
(E) Disqualification or
				debarment by another state or an agency of this State, or an agency of the
				Federal Government; or
(F) Failure
				or refusal to comply with the terms of the contract or State law; or
(G) Failure to fulfill obligations imposed by
				or as a result of the contract with the state or by state law.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 5 - Construction Contracts › Section 730:25-5-1 - Public Competitive Bidding Act

Current through Vol. 41, No. 20, July 1, 2024
Construction and maintenance contracts to be awarded by the
				  Commission shall be advertised and awarded in accordance with the Public
				  Competitive Bidding Act of 1974, as amended.
Amended at 12 Ok Reg
				  1269, eff 5-11-95
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 5 - Construction Contracts › Section 730:25-5-2 - Opening of bids

Current through Vol. 41, No. 20, July 1, 2024
Unless otherwise ordered, bids shall be opened and read at
				  least seven (7) days prior to the regular Commission meeting date. The Director
				  shall cause the bids on each project to be reviewed and analyzed and shall have
				  prepared a recommendation for awards.
Amended at 12 Ok Reg
				  1269, eff 5-11-95
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 5 - Construction Contracts › Section 730:25-5-3 - Award preparation

Current through Vol. 41, No. 20, July 1, 2024
After the bids are received, the Director shall cause to be
				  prepared a statement for the Commission which shall show the contractors who
				  are apparent low bidders on more than one contract and the amount of work
				  involved in each contract. The Director shall determine whether any contractor
				  is low bidder on an amount of work which exceeds his prequalification or
				  bonding limitation and shall recommend to the Commission which contracts, if
				  any, should be awarded to this contractor, based on his qualifications and
				  experience record.
Amended at 12 Ok Reg
				  1269, eff 5-11-95
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 5 - Construction Contracts › Section 730:25-5-4 - Pre-advertisement prohibited

Current through Vol. 41, No. 20, July 1, 2024
No contract shall be advertised for bids or awarded by the
				  State Transportation Commission until the Director has determined that the
				  plans have been completed, required approvals from the United States Department
				  of Transportation have been obtained in the case of federal aid projects, and
				  no notice to proceed shall be issued to a contractor until all rights-of-way
				  have been secured, and utility removals have been completed or
				  arranged.
Amended at 12 Ok Reg
				  1269, eff 5-11-95; Amended at 18 Ok Reg 1357, eff
				  5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 5 - Construction Contracts › Section 730:25-5-5 - Surety company and insurance company

Current through Vol. 41, No. 20, July 1, 2024
(a) No surety company shall act as surety on
				an Oklahoma Department of Transportation contract in an amount which exceeds
				the bonding limitation as published in the Federal Register, Treasury Circular
				570 or ten percent (10%) of capital and surplus as found in the Annual Report
				and Directory of Insurance Companies published by the Oklahoma Insurance
				Commission.
(b) In the event that
				any surety company shall fail or refuse to honor the terms and conditions of a
				bond provided to the Department, the Department shall so notify the Department
				of Central Services and the State Insurance Commission and may further refuse
				to accept bonds from the surety company until the bond obligation has been
				fulfilled.
Amended at 12 Ok Reg
				  1269, eff 5-11-95; Amended at 18 Ok Reg 1357, eff
				  5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 5 - Construction Contracts › Section 730:25-5-6 - Release of engineers estimate; prohibition [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 1269,
				  eff 5-11-95; Revoked at 18 Ok Reg 1357, eff
				  5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 7 - Settlement of Disputes › Section 730:25-7-1 - Settlement of disputes over questions in fact [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  1269, eff 5-11-95
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 25 - Highway Contractors › Subchapter 7 - Settlement of Disputes › Section 730:25-7-2 - Settlement of disputes arising during performance of construction or maintenance contracts; mediation and binding arbitration

Current through Vol. 41, No. 20, July 1, 2024
The Department shall develop and implement a binding
				  procedure for the settlement of Contractor claims which may arise in the course
				  of the performance of construction or maintenance contracts.
(1)
Procedure development.
The
				procedure developed by the Department shall generally provide the following:
(A) The Contractor shall provide a written
				notice of the claim to the Resident Engineer/Division Engineer prior to the
				beginning of work upon which the claim will be based.
(B) Submission by the Contractor to the
				Resident Engineer/Division Engineer of detailed information concerning the work
				performed and each element of additional compensation requested.
(C) A time limit, from the receipt of all the
				Contractor's supporting information, in which the Department shall make a
				written response to the Contractor's claim.
(D) Appeal by the Contractor from the
				decision of the Resident Engineer/Division Engineer to the Director or
				Assistant Director of Operations of the Department.
(E) Provisions for the mediation of the
				Contractor's claim if the Contractor is dissatisfied with the final decision of
				the Director or Assistant Director of Operations. The mediation shall be
				performed under the auspices of the American Arbitration Association or other
				independent dispute resolution organization.
(F) Upon mutual consent of the Department and
				the contractor and upon order of the District Court in Oklahoma County,
				disputes arising from construction or maintenance contracts and relating to
				work performed or conditions under which work was performed under the contract
				may be referred to binding arbitration which shall be performed under the
				auspices of the American Arbitration Association or other independent dispute
				resolution organization.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 1 - General Provisions › Section 730:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this chapter is to delineate the areas
				  involved in the design, specification, and permit process that the Commission
				  must approve to ensure safe, efficient and economical roads for all of the
				  citizens of Oklahoma and its visitors.
Amended at 18 Ok Reg
				  1369, eff 5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 3 - Design Policies and Specifications › Section 730:30-3-1 - Geometric design policy

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall approve a geometric design policy for
				  roadways and bridges on the State and Federal-aid Highway Systems. The policy
				  shall be developed, maintained and kept current by the Department and be in
				  general conformance with the policies adopted by the American Association of
				  State Highway and Transportation Officials entitled "A Policy on Geometric
				  Design of Highways and Streets", as well as the requirements of the United
				  States Department of Transportation. The current policy which shall remain in
				  effect until amended, is entitled,"Oklahoma Department of Transportation
				  Roadway Design Manual".
Amended at 18 Ok Reg
				  1369, eff 5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 3 - Design Policies and Specifications › Section 730:30-3-2 - Standard specifications

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission
				shall approve the standard specifications for construction on the State and
				Federal-aid Highway Systems. These standards shall be developed and kept
				current by the Department and be in general conformance with the standards
				adopted by the American Association of State Highway and Transportation
				Officials and the requirements of the United States Department of
				Transportation. The current standards, subject to future amendment, are
				entitled, "2019 Standard Specifications for Highway Construction".
(b) The Department is hereby authorized to
				issue special provisions, when necessary, to supplement the standard
				specifications.
Amended at 18 Ok Reg
				  1369, eff 5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 3 - Design Policies and Specifications › Section 730:30-3-3 - Permit system for driveway entrances and exits

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall approve a policy on a permit system
				  providing for the control of driveway entrances to and exits from all State and
				  Federal-aid Highways. The policy shall be developed, maintained and kept
				  current by the Department and be in general conformance with standards adopted
				  by the American Association of State Highway and Transportation Officials. The
				  policy which is currently in effect subject to periodic amendments is the
				  latest edition of, "Policy on Driveway Regulations for Oklahoma
				  Highways".
Amended at 18 Ok Reg
				  1369, eff 5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 3 - Design Policies and Specifications › Section 730:30-3-5 - Basis for determination of designs

Current through Vol. 41, No. 20, July 1, 2024
Roadway and bridge designs will be determined on the basis of
				  engineering knowledge, judgment and economics for all materials
				  involved.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 3 - Design Policies and Specifications › Section 730:30-3-6 - Salvaged and used material

Current through Vol. 41, No. 20, July 1, 2024
The use of salvaged or used material shall be permitted in
				  the construction or reconstruction of the Oklahoma State Highway System only
				  when determined to be adequate for the type and class of facility under
				  construction.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 5 - Consulting Engineering Services › Section 730:30-5-1 - Department consultant contracts

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Department of Transportation
				may utilize consultant contracts to assist in the delivery of the Department's
				eight year construction work plan and other transportation improvements. All
				requests for consultant services must be approved by the Chief Engineer or an
				appointed designee. The Department will contract for professional services when
				one or both of the following conditions exist:
(1) The inability to complete the required
				work within the desired time frame with available resources.
(2) The work requires specialized experience
				or expertise that is not available within the agency.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 5 - Consulting Engineering Services › Section 730:30-5-2 - City and county consultant contracts

Current through Vol. 41, No. 20, July 1, 2024
Where the Local Public Agency (LPA) proposes the use of
				  federal funds for professional services on a non-highway project (local city
				  street or county road) and where there are local matching funds but no state
				  funds involved in the project, the local unit of government having jurisdiction
				  over the project, shall have the right to select and employ the professional
				  service provider subject to compliance with State statutes, federal
				  regulations, Department procedures and Department approval.
Amended at 18 Ok Reg
				  1369, eff 5-11-01; Amended at 29 Ok Reg 1495, eff
				  6-25-12
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 7 - Bridge Utility Attachments › Section 730:30-7-1 - License agreement; annual license fee

Current through Vol. 41, No. 20, July 1, 2024
The Department may execute a license agreement with a utility
				  company or governmental political subdivision, permitting them to attach their
				  public service or public convenience utility line to a bridge, subject to the
				  following conditions:
(1) The proposed
				method of attachment submitted by the utility company or governmental political
				subdivision shall not encroach on the waterway or roadway, walkway or railing
				of the bridge and shall not overstress the structure so as to impair its
				structural adequacy, and shall not pose any detrimental effect to the bridge.
				The submission shall include detailed plans showing the proposed method of
				attachment. The Bridge Division may reject or require alterations to the
				proposed method of attachment to protect the bridge. Approved plans shall be
				stamped by the Bridge Division and considered part of the agreement. The Bridge
				Division shall prepare the agreement document.
(2) The utility company or governmental
				political subdivision shall execute the Department's standard license
				agreement. The utility company, upon completion of the attachment installation,
				shall pay the annual license fee listed in the license agreement. The utility
				company shall pay the fee annually until the termination of the agreement. The
				fee amount shall be based on the Schedule of Annual License Fees provided as
				Appendix C to this chapter.
Amended at 18 Ok Reg
				  1369, eff 5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 7 - Bridge Utility Attachments › Section 730:30-7-2 - Waiver of license fee

Current through Vol. 41, No. 20, July 1, 2024
The license fee shall be waived on attachments of the U.S.
				  government, state agencies, county governments, city governments, townships and
				  any public non-profit "District" or not-for-profit "Corporation" as defined in
				  Title 82, Section
				  1324.41 of
				  the Oklahoma State Statutes. Requests for other waivers of the license fees
				  will be referred to the Transportation Commission for their
				  action.
Amended at 18 Ok Reg
				  1369, eff 5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 7 - Bridge Utility Attachments › Section 730:30-7-3 - Liability insurance

Current through Vol. 41, No. 20, July 1, 2024
The license agreement shall provide that the utility company
				  shall furnish and maintain a liability insurance policy in the amount of
				  $200,000.00 payable to the OKLAHOMA DEPARTMENT OF TRANSPORTATION for all lines
				  carrying electrical power, petroleum gas and fluid products, and water. This
				  liability insurance policy requirement shall not be retroactive to existing
				  agreements. Liability insurance policy requirements shall be waived for the
				  same entities for which license fees are waived in
				  730:30-7-2.
Amended at 18 Ok Reg
				  1369, eff 5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 7 - Bridge Utility Attachments › Section 730:30-7-4 - Termination of license agreement

Current through Vol. 41, No. 20, July 1, 2024
(a) License agreements shall terminate when
				either the attachment or the bridge is removed. A new agreement, following the
				provisions of this subchapter, shall be required for any subsequent
				attachment.
(b) Any change to the
				attachment which would change the license fee shall void the existing
				agreement, and the provisions of this Subchapter for obtaining a new agreement
				shall be followed.
(c) License
				agreements shall be terminated if the attachment has not been completed within
				the time period specified in the agreement, usually one (1) year from the
				agreement execution date for existing bridges or one (1) year from the
				completion date of the bridge for new bridges.
Amended at 18 Ok Reg
				  1369, eff 5-11-01
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-1 - System of issuance [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
				  4685, eff 10-11-93
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-2

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4685, eff 10-11-93 ; Amended at 30 Ok
					 Reg 714, eff 5-27-13
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4685,
				  eff 10-11-93; Amended at 11 Ok Reg 3581, eff
				  6-27-94
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-6

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4685, eff 10-11-93 ; Amended at 12 Ok
					 Reg 1283, eff 5-11-95 ; Amended at 13 Ok Reg 2263, eff 6-13-96 ; Amended at 16
					 Ok Reg 1261, eff 5-13-99 ; Amended at 19 Ok Reg 1222, eff 5-13-02 ; Amended at
					 30 Ok Reg 714, eff 5-27-13
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-7

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4685, eff 10-11-93 ; Amended at 12 Ok
					 Reg 1283, eff 5-11-95 ; Amended at 18 Ok Reg 1369, eff 5-11-01 ; Amended at 30
					 Ok Reg 715, eff 5-27-13
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-9

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4685, eff 10-11-93 ; Amended at 11 Ok
					 Reg 1017, eff 1-7-94 (emergency) ; Amended at 11 Ok Reg 3581, eff 6-27-94 ;
					 Amended at 12 Ok Reg 1283, eff 5-11-95 ; Amended at 13 Ok Reg 2265, eff 6-13-96
					 ; Amended at 14 Ok Reg 3767, eff 9-10-97 (emergency) ; Amended at 15 Ok Reg
					 2048, eff 5-26-98 ; Amended at 30 Ok Reg 718, eff
					 5-27-13
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-10

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4685,
				  eff 10-11-93; Amended at 11 Ok Reg 3581, eff
				  6-27-94
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-12

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4685,
				  eff 10-11-93; Amended at 11 Ok Reg 3581, eff 6-27-94; Amended at 13 Ok Reg
				  2265, eff 6-13-96
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-14

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4685,
				  eff 10-11-93; Amended at 19 Ok Reg 1222, eff
				  5-13-02
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-15

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4685,
				  eff 10-11-93; Amended at 22 Ok Reg 1583, eff
				  6-11-05
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Subchapter 9 - Permitting of Oversized, Overweight and Special Combination Vehicles › Section 730:30-9-16

Current through Vol. 41, No. 20, July 1, 2024
Amended at 27 Ok Reg 1973, eff 7-1-10 ; Amended at 30 Ok
					 Reg 719, eff 5-27-13
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 30 - Highway Design › Appendix A - Gross Weight Load Table for Overweight Permits Based on Bridge Inventory [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked and reenacted at 10 Ok Reg 4685, eff 10-11-93;
				  Revoked at 30 Ok Reg 719, eff
				  5-27-13
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to define the Oklahoma
				  Department of Transportation's responsibilities for maintenance of the State
				  Highway System and its components. This subchapter describes the various types
				  of highway maintenance, and establishes certain limitations, on a statewide
				  basis, which ensure equity and a reasonable assurance that the system will be
				  properly maintained.
Amended at 17 Ok Reg
				  1384, eff 5-11-00
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Frontage road"
means a road constructed on
				  Department owned right-of-way, adjacent and parallel to but separated from the
				  highway and which has connections to the highway, at least on both ends, for
				  service to abutting property and for control of access. See Appendices A and B
				  of this Chapter.
"Highway maintenance"
means the preservation and
				  upkeep of a highway, including all of its elements, in as nearly as practicable
				  its original as-constructed condition or its subsequently improved
				  condition.
(A)
"Routine maintenance"
means all work
				  performed by the normal maintenance forces with regularly assigned equipment
				  and materials as needed.
(B)
"Special or heavy maintenance"
means work of
				  considerable magnitude, usually beyond the capability of routine maintenance
				  forces, requiring special appropriations and special organizations of men,
				  equipment and materials.
"Interchange-collector-distributor road"
on
				  Department owned right-of-way means a road constructed parallel to the mainline
				  that collects and distributes traffic between ramps and the mainline and which
				  is not connected to any crossroads. See Appendices A and B of this
				  Chapter.
"Local road"
on Department owned right-of-way,
				  means a road constructed to provide access to property abutting or adjacent to
				  the highway and which has only one connection to the highway. See Appendix B of
				  this Chapter.
"Public road"
on Department-owned right-of-way
				  means a road constructed to connect other public roads or streets, but not
				  necessarily connected to the highway, nor allowing access to the highway. See
				  Appendix C of this Chapter.
Amended at 17 Ok Reg
				  1384, eff 5-11-00
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-3 - Maintenance programs

Current through Vol. 41, No. 20, July 1, 2024
Maintenance improvement programs shall be planned to make the
				  fullest use of equipment, materials and finances, to ensure that all state
				  highways are kept in the best possible condition.
Amended at 17 Ok Reg
				  1384, eff 5-11-00
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-4 - Maintenance responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall pay the cost or perform the act of constructing, improving, or
				maintaining roads, including frontage roads, public roads, local roads, and
				interchange ramps or any sections thereof, which have been designated by the
				Transportation Commission as part of the state highway system.
(b) The Department may pay the cost of
				maintaining all official traffic signs and pavement markings except for parking
				space markings, from right-of-way line to right-of-way line.
(c) Within a municipality, the Department
				shall maintain the roadway pavement and pavement structure. The Department may
				pay the cost of construction or reconstruction of drainage systems, curbs,
				sidewalks, and driveways when necessary to construct or reconstruct an existing
				highway within a municipality. The Department shall not perform maintenance on
				or pay the cost of accident or spill cleanup, sweeping, mowing the
				right-of-way, drainage systems, and facilities including inlets, curbs,
				sidewalks, and driveways.
(d) The
				Department may participate in the cost of construction or replacement of
				highway lighting systems and electronic traffic control devices on highways
				within municipal limits.
(e) At
				places where municipal streets or county roads intersect with the state highway
				system, the Department, when requested, shall furnish a "Stop Ahead" sign to be
				installed on the county road in advance of the highway intersection. The
				municipality or county shall be responsible for maintaining all advance warning
				signs and for roadside maintenance activities outside the highway right-of-way
				line including sight distance clearance on the municipal street or county road
				leading to the stop intersection.
Amended at 17 Ok Reg
				  1384, eff 5-11-00
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-5 - Limited access highways

Current through Vol. 41, No. 20, July 1, 2024
On limited access highways where county roads or streets
				  extend over or under the highway or public roads are constructed on state
				  rights-of-way but there is no immediate ingress and egress from the highway,
				  responsibility shall be as follows:
(1) The public roads as defined in
				730:35-1-2 shall be
				maintained by the city or county and shall be included in their roadway mileage
				inventory.
(2) Where county roads
				or streets extend over the highway, the roadway, approaches and bridge
				surfaces, including the deck, shall be maintained by the city or county. The
				approach guardrail, bridge structure, and highest clearance posting on the
				structure shall be maintained by the Department.
(3) Where county roads or city streets extend
				under the highway, the roadway approaches and advance signing shall be
				maintained by the city or county. The Department shall maintain the approach
				guardrail, bridge structure and surface, and the height clearance posting on
				the structure.
Amended at 17 Ok Reg
				  1384, eff 5-11-00
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-6 - Public access connections

Current through Vol. 41, No. 20, July 1, 2024
The Department may, at the direction of the Commission,
				  maintain as a part of the state highway system any public roads connecting
				  public use areas, public lakes, State Parks, National Parks or State-owned
				  institutions with the state highway, county highway or city street system. The
				  right-of-way for such connection must have been obtained and title thereto held
				  by the State of Oklahoma or an agency thereof.
Amended at 17 Ok Reg
				  1384, eff 5-11-00
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-7 - Roads within park and memorial boundaries

Current through Vol. 41, No. 20, July 1, 2024
The Department, at the direction of the Commission may
				  improve or maintain roads and highways within the boundaries of State Parks and
				  Memorials, subject to the availability of funds.
Amended at 17 Ok Reg
				  1384, eff 5-11-00
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-8 - State Capitol Park roads and parking lots

Current through Vol. 41, No. 20, July 1, 2024
The Department shall maintain as part of the state highway
				  system all streets, roads and parking lot surfaces between the gutter lines
				  (excluding islands), located on the State Capitol grounds and the streets
				  designated by Statute as part of State Capitol Park #1.
Amended at 17 Ok Reg
				  1384, eff 5-11-00
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-9 - Special maintenance programs

Current through Vol. 41, No. 20, July 1, 2024
(a) When feasible, and in the best interests
				of the State, special maintenance projects may be performed by the contract
				method.
(b) Special maintenance
				programs shall be submitted to the Commission for programming and financing. A
				minimum of fifty (50) percent of the special maintenance program will be done
				by the contract method.
(c)
				Characteristics of maintenance projects which should be considered for
				contracting are:
(1) Projects which lend
				themselves to a firm contract arrangement.
(2) Projects on which accurate units of work
				can be determined.
(3) Projects
				which are of such magnitude as to obtain the interest of two or more
				contractors.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 35 - Maintenance and Control of State Highway System › Subchapter 1 - Maintenance › Section 730:35-1-10 - Side drains

Current through Vol. 41, No. 20, July 1, 2024
The installation of side drains after the completion of a
				  construction project is not considered a maintenance function. Maintenance of
				  side drains consists of removing, cleaning, replacing or modifying a side drain
				  to insure proper drainage of the highway. Driveways constructed on highway
				  rights-of-way will be maintained by the applicant as directed by the Department
				  of Transportation.
Amended at 17 Ok Reg
				  1384, eff 5-11-00