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Section 2: District Approval of Utility Agreements

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Authority

TxDOT District Engineer, or designee, has approval authority for Utility Agreement Assemblies, Supplemental Utility Agreements, and Emergency Work Authorizations.

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Prerequisites

The following items are required for a District to initiate local approval of a Utility Agreement Assembly. The District must:

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  • obtain ROW Division Project Release;
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  • request U-Number assignment from ROW Division;
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  • environmental clearance;
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  • approve utility consultant engineering contract, if applicable;
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  • verify corporate succession and granting of signature authority with ROW Division;
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  • provide to ROW Division additional and updated signature authority information for accumulation in the Statewide database;
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  • confirm that utility accounting systems are acceptable to TxDOT for audit and payment purposes;
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  • provide, in writing, the approved utility adjustment amount to ROW Division for encumbrance of funds;
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  • provide to ROW Division one copy of the executed utility agreement assembly with original signatures and essential supporting documentation.
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TxDOT Utility Accommodation Rules (UAR) Compliance

All utility work must be accomplished in accordance with the UAR.

The requirement for ROW Division’s approval of an exception to the UAR does not prevent subsequent District approval of the agreement assembly.

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Lump Sum Agreements

Lump sum agreements can be approved up to $500,000.00.

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ROW Division Approval

It should be noted that within a particular project, both the District and Division approval processes might be involved. In such instances, prioritizing utility agreement assemblies will be essential to insure that the concurrent review and approval processes are coordinated and do not introduce inefficiencies to the ultimate clearance of the project.

The following special situations will require ROW Division approval of the Utility Agreement Assembly.

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  • Utility attachments to highway facilities and structures. In this case, Bridge Division approval is also required.
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  • Special utility construction, such as utility bridges, corridors, tunnels, or stacking arrangements.
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  • Secondary utility adjustments due to TxDOT design changes or oversights.
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  • Irrigation and drainage canals.
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  • Third Party Participation - Situations in which a third party will share the cost of the highway facility (i.e., multi-modal, transit and development corporations) and where unique arrangements are required to establish utility cost participation.
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  • Special design accommodations (i.e., junction boxes to accommodate utilities).
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  • Lump sum agreements greater than $500,000.
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