Utilities have a to occupy State right of way. Utilities do not infringe upon TxDOT right of way. They are legal occupants of the right of way. At the same time, utilities rights are subordinate to the needs of the traveling public. This right was established with the understanding that both TxDOT and public utilities use public lands in delivery of services for mutual public benefit.

Authority and responsibility for the integration and coordination of utility concerns in the TxDOT Plan-Design-Build-Maintain process rest with the District Engineer. Buy-in and commitment to this process by top administration is of paramount importance in assuring efficient and successful implementation.

Traditional TxDOT Utility Coordinators will continue to function as a resource, consultant, and in-house liaison as well as a liaison with utilities across the functional boundaries of “The Process.”

The TxDOT Construction Contractor should not hold the utility unilaterally responsible for delays caused by the re-sequencing of work. Re-sequencing must include reestablishment of a mutually agreeable utility adjustment schedule.

The list of participants in each activity in “The Process” should include, but not be limited to, those indicated in the model. The Responsible Party is to identify and include additional Necessary Parties and Interested Parties into “The Process” as discovered or otherwise deemed appropriate. Necessary parties may include associates of other parties to “The Process,” as required.

of utility facility locations will be a cost and expense of right of way when performed under the authority of a TxDOT contract or agreement (i.e., reimbursable utility adjustment agreement).

According to Transportation Code, , “Utility Relocation Costs,” the cost of relocating or adjusting utility facilities associated with the acquisition of right of way by or for TxDOT is a cost of the acquisition. Therefore, reimbursable utility relocation costs are a right of way expense.