[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR660.519]

[Page 319-320]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 660--SPECIAL PROGRAMS (DIRECT FEDERAL)--Table of Contents
 
                     Subpart E--Defense Access Roads
 
Sec. 660.519  Missile installations and facilities.

    Should damage occur to public highways as a result of construction 
activities, the contractor would normally be held responsible for 
restoring the damages. However, should the contractor deny 
responsibility on the basis of contract terms, restoration is provided 
for under 23 U.S.C. 210(h).
    (a) Restoration under the contract. (1) The highway agency having 
jurisdiction over the road shall take appropriate actions, such as load 
and speed restrictions, to protect the highway. When extensive damage is 
anticipated and the contractor under the terms of the contract is 
responsible, it may be necessary to require a performance bond to assure 
restoration.
    (2) If the contractor does not properly maintain the roads when 
requested in writing, the highway agency having jurisdiction over the 
road shall perform extraordinary maintenance as necessary to keep the 
roads serviceable and maintain adequate supporting records of the work 
performed. Claims shall be presented to the contractor for this 
extraordinary maintenance and any other work required to restore the 
roads. If the contractor denies responsibility on the basis of the 
contract terms, the claim with the required supporting documentation 
shall be presented to the contracting officer for disposition and 
arrangement for reimbursement.
    (b) Restoration under 23 U.S.C. 210(h). (1) To implement 23 U.S.C. 
210(h), DOD must make the determination that a contractor for a missile 
installation or facility did not include in the bid the cost of 
repairing damage caused to public highways by the operation of the 
contractor's vehicles and equipment. The FHWA must then make the 
determination that the State highway agency is, or has been, unable to 
prevent such damage by restrictions upon the use of the highways without 
interference with, or delay in, the completion of the contract. If these 
determinations are made, the Division Administrator will be authorized 
by the Washington Headquarters to reimburse the highway agency for the 
cost of the work necessary to keep the roads in a serviceable condition.
    (2) Upon receipt of a damage claim, division office representatives 
accompanied by representatives of the agencies that made the original 
condition survey will inspect the roads on which damage is claimed. The 
Division Administrator shall then prepare an estimate of the cost of 
restoring the roads to original condition as well as any documented cost 
for extraordinary

[[Page 320]]

maintenance for which reimbursement has not been received. No allowance 
for upgrading the roads shall be included.