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33 U.S.C. § 515 — Contracts for project; guaranty of cost

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 515 — Contracts for project; guaranty of cost

After approval of such general plans and specifications by the Secretary, and after notification of such approval, the bridge owner shall, in such manner and within such times as the Secretary may prescribe, take bids for the alteration of such bridge in accordance with such general plans and specifications. All bids, including any bid for all or part of the project submitted by the bridge owner, shall be submitted to the Secretary, together with a recommendation by the bridge owner as to the most competent bid or bids, and at the same time the bridge owner shall submit to the Secretary a written guaranty that the total cost of the project, including the cost of such work as is to be performed by the bridge owner and not included in the work to be performed by contract, shall not exceed the sum stated in said guaranty. The Secretary may direct the bridge owner to reject all bids and to take new bids, or may authorize the bridge owner to proceed with the project, by contract, or partly by contract and partly by the bridge owner, or wholly by the bridge owner. Upon such authorization and fixing of the proportionate shares of the cost as provided in [section 516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section516&num=0&edition=prelim), the bridge owner shall, within a reasonable time to be prescribed by the Secretary, proceed with the work of alteration; and the cost thereof shall be borne by the United States and by the bridge owner, as provided in sections 516 and 517 of this title: Provided, That where funds have been appropriated for part only of a project, the bridge owner may take bids for part only of the work. In the event the bridge owner proceeds with the alteration through the taking of successive partial bids, the brid

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Source file: Laws/federal/codes/united-states-code/title-33/section-515-contracts-for-project-guaranty-of-cost--1556069a86.md
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Source location: Title 33, Chapter 11, § 515; chapter-011-bridges-over-navigable-waters.md

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After approval of such general plans and specifications by the Secretary, and after notification of such approval, the bridge owner shall, in such manner and within such times as the Secretary may prescribe, take bids for the alteration of such bridge in accordance with such general plans and specifications. All bids, including any bid for all or part of the project submitted by the bridge owner, shall be submitted to the Secretary, together with a recommendation by the bridge owner as to the most competent bid or bids, and at the same time the bridge owner shall submit to the Secretary a written guaranty that the total cost of the project, including the cost of such work as is to be performed by the bridge owner and not included in the work to be performed by contract, shall not exceed the sum stated in said guaranty. The Secretary may direct the bridge owner to reject all bids and to take new bids, or may authorize the bridge owner to proceed with the project, by contract, or partly by contract and partly by the bridge owner, or wholly by the bridge owner. Upon such authorization and fixing of the proportionate shares of the cost as provided in [section 516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section516&num=0&edition=prelim), the bridge owner shall, within a reasonable time to be prescribed by the Secretary, proceed with the work of alteration; and the cost thereof shall be borne by the United States and by the bridge owner, as provided in sections 516 and 517 of this title: Provided, That where funds have been appropriated for part only of a project, the bridge owner may take bids for part only of the work. In the event the bridge owner proceeds with the alteration through the taking of successive partial bids, the bridge owner shall, if required by the Secretary, submit a revised guaranty of cost after bids are accepted for successive parts of the work.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 516 — Apportionment of cost

At the time the Secretary shall authorize the bridge owner to proceed with the project, as provided in [section 515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section515&num=0&edition=prelim), and after an opportunity to the bridge owner to be heard thereon, the Secretary shall determine and issue an order specifying the proportionate shares of the total cost of the project to be borne by the United States and by the bridge owner. Such apportionment shall be made on the following basis: The bridge owner shall bear such part of the cost as is attributable to the direct and special benefits which will accrue to the bridge owner as a result of the alteration, including the expectable savings in repair or maintenance costs; and that part of the cost attributable to the requirements of traffic by railroad or highway, or both, including any expenditure for increased carrying capacity of the bridge, and including such proportion of the actual capital cost of the old bridge or of such part of the old bridge as may be altered or changed or rebuilt, as the used service life of the whole or a part, as the case may be, bears to the total estimated service life of the whole or such part: Provided, That in the event the alteration or relocation of any bridge may be desirable for the reason that the bridge unreasonably obstructs navigation, but also for some other reason, the Secretary may require equitable contribution from any interested person, firm, association, corporation, municipality, county, or State desiring such alteration or relocation for such other reason, as a condition precedent to the making of an order for such alteration or relocation. The United States shall bear the balance of the cost, including that part attributable to t

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 515 — Contracts for project; guaranty of cost

Page 109 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 515 tive Dates note preceding section 101 of Title 11, Bank- ruptcy. SHORT TITLE Sections 511 to 523 of this title are popularly known as the ‘‘Hobbs Bridge Act’’ and also as the ‘‘Truman- Hobbs Act’’. TRANSFER OF FUNCTIONS Section 6(g)(3) of Pub. L. 89–670 transferred functions, powers, and duties of Secretary of the Army [formerly War] and other officers and offices of Department of the Army [formerly War] relating to obstructive bridges under this subchapter to Secretary of Transpor- tation. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(3) of Pub. L. 89–670, and repealed section 6(g)(3). § 512. Obstruction of navigation No bridge shall at any time unreasonably ob- struct the free navigation of any navigable wa- ters of the United States. (June 21, 1940, ch. 409, § 2, 54 Stat. 498.) § 513. Notice, hearings, and findings Whenever any bridge shall, in the opinion of the Secretary, at any time unreasonably ob- struct such navigation, it shall be the duty of the Secretary, after notice to interested parties, to hold a hearing at which the bridge owner, those interested in water navigation thereunder or therethrough, those interested in either rail- road or highway traffic thereover, and any other party or parties in interest shall have full oppor- tunity to offer evidence and be heard as to whether any alteration of such bridge is needed, and if so what alterations are needed, having due regard to the necessity of free and unob- structed water navigation and to the necessities of the rail or highway traffic. If, upon such hear- ing, the Secretary determines that any alter- ations of such bridge are necessary in order to render navigation through or under it reason

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