Prepare Utility Adjustment Assembly for Approval - Right of Way Sub-process Activity IX

  • Participants
  1. Utility Representative
  2. TxDOT Utility Liaison
  • Objectives
  1. To compile a complete assembly of documentation for TxDOT approval of reimbursable utility adjustments.
  2. To identify and establish compensable interests, reimbursement eligibility, betterment, UAR compliance and scope of utility work.
  3. Secure documentation of the future relationship for joint use of TxDOT right of way by utilities.
  • Activity Narrative
  1. The Standard Utility Agreement Assembly will be compiled by means of cooperative effort exerted by the District Utility liaison and the utility representatives. The goals of a Utility Agreement Assembly are as follows:
    • To compile a complete assembly of documentation for TxDOT approval of reimbursable utility adjustments. Payments for eligible adjustments cannot be made before approval by TxDOT of a completed and fully executed Utility Agreement.
    • If an adjustment will not be eligible for cost participation by TxDOT, effort should be made to assist the utility through information concerning grades, scope of project, help with UAR compliance and funding alternatives such as the
      State Infrastructure Bank
      .
    • To identify and establish property interests, reimbursement eligibility, betterment, UAR compliance, and scope of utility work. The agreement assembly must be in sufficient detail to allow reviewers to easily understand whether improvements to existing facilities are the result of the utility’s desire to improve their facilities or if obsolescence of material or the design of the proposed project caused them.
    • Secure documentation of the future relationship for joint use of TxDOT right of way by utility entities. The property interests defined to establish eligibility must be reviewed to determine if the utility can be allowed to continue to occupy their existing location, if their rights can be shifted within the limits of the project or if it will be necessary to quitclaim their interests to the State. TxDOT’s
      Utility Joint Use Agreement
       form establishes the relationship between the utility entity and TxDOT where they will continue to occupy common right of way after the adjustment.
  2. The standard utility adjustment assembly consists of:
    • The appropriate
      Standard Utility Agreement
       form
    • Itemized estimate
    • Detailed utility plans in support of estimate and sufficient for joint use purpose.
    • Appropriate property ownership form, if required
    • Statement covering contract work, if applicable
    • Utility Joint Use Agreement
       form, if applicable
    • Statements of work scheduling
    • Statement of location of records and availability of records for audit
    • Statement listing components of overhead rates
    • Betterment analysis
    • Additional documentation, as appropriate.
  3. TxDOT’s promulgated joint-use form establishes the relationship between the utility and TxDOT where they continue to occupy common right of way after the adjustment. These forms must be completed according to instructions.
  4. Eligibility ratios, UAR compliance, and scope of work will be adequately defined by the detailed plans submitted as part of the Utility Agreement Assembly.
  5. Betterment and compensable interests will be determined and supported by additional documentation as appropriate.
  6. The following is a current listing of forms used in conjunction with the Utility Agreement Assembly: