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Section 2: Right of Way Utility Adjustment Subprocess - “The Subprocess”

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Flowcharts

Flowcharts of the State Utility Adjustment Procedure (SUP), LPA Utility Adjustment Procedure (LUP), and the Federal (FUP) Utility Adjustment Procedure are available for viewing and/or downloading in PDF format.

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Early Right of Way Release for Utilities - Right of Way Subprocess Activity I

  • Participants
  1. TxDOT Right of Way Representative
  2. TxDOT ROW Division
  • Objectives
  1. Identify need and requirements for early release.
  2. Document justification for and approval of early release.
  3. Approval of Early Release.
  • Activity Narrative
  1. To properly coordinate utility activities with advance project development, an Early Right of Way Release for Utilities must be obtained. The early right of way release provides the authority for TxDOT to incur costs for preliminary utility activities before the normal right of way release. Normal right of way release is contingent upon completion of environmental studies, route studies and receipt of the right of way map by the TxDOT ROW Division. These prerequisites may not always be complete at this point. Types of utility activities that will typically be the subject of this early release include location determination, potential conflict identification, and preliminary cost estimate preparation.
  2. Documentation is necessary to establish TxDOT internal controls for audit purposes. The early right of way release must originate with a written request prepared by the District with approval granted by the TxDOT ROW Division.
  3. Costs incurred for utility activities under the early right of way release will not be subject to Local Public Agency (LPA) participation. If Federal cost participation is requested on the project, the early utility activities must be included as components of the environmental investigations.
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Field Verification - Right of Way Subprocess Activity II

  • Participants
  1. TxDOT Project Design Engineer
  2. TxDOT Utility Liaison
  3. TxDOT ROW Division
  4. Utility Design Representative
  5. SUE Provider (If required)
  • Objectives
  1. Identify ownership of utility facilities.
  2. Determine accurate horizontal and vertical location of utility facilities.
  3. Utility locations identified in terms of TxDOT control datum.
  • Activity Narrative
  1. The purpose of the Field Verification is to determine the type, location, and ownership of utility facilities. Field Verification activities will require securing an Early Right of Way Release for Utilities - Right of Way Subprocess Activity I to incur the associated costs if necessary. If Federal cost participation is involved in the project, reimbursable field verification activities will be considered as incidental to environmental studies for preliminary engineering up to, and including, the determination of horizontal location without excavation.
  2. Field Verification services may be provided by a Subsurface Utility Engineering (SUE) provider, by individual or groups of utilities, or by TxDOT personnel. In reference to the Right of Way Subprocess, the involvement by right of way personnel will be to provide payment where applicable, and to assist in coordination activities incidental to payment.
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Federal Project Authorization and Agreement (FPAA)- Right of Way Subprocess Activity III (a)

  • Participants
  1. TxDOT Right of Way Representative
  2. TxDOT Division
  3. Federal Highway Administration (FHWA)
  • Objectives
  1. Secure right of way project release on Federal-aid right of way projects.
  2. Approval of federal cost participation.
  • Activity Narrative
  1. The Federal Project Authorization and Agreement (FPAA) documents the approval for Federal cost participation in a right of way project. It must be obtained as a prerequisite for the TxDOT ROW Division
  2. Necessary information for the FPAA will include the utility name(s), locations of existing facilities by station number and estimated cost of adjustment(s) by utility.
  3. The FPAA may be requested concurrently with the Alternate Procedure Approval (Subprocess Activity V).
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TxDOT-LPA Right of Way Contracts - Right of Way Subprocess Activity III (b)

  • Participants
  1. Local Public Agency (LPA)
  2. TxDOT Right of Way Representative
  3. TxDOT ROW Division
  • Objectives
  1. To establish cost participation and work responsibilities between TxDOT and LPAs.
  2. Satisfy prerequisites to secure right of way project release on Non-Federal-aid projects.
  • Activity Narrative
  1. It is necessary to determine the authorization for the proposed adjustment of utility facilities to decide how to proceed in obtaining approval of Utility Adjustment Agreements. It is also necessary to confirm that the LPAs will transfer responsibility to TxDOT for acquisition of right of way and utility adjustments, and/or if you have contractual documentation of LPA participation in eligible costs before you start the process of preparing an agreement assembly.
  2. When there is Federal-Aid in right of way, inclusive of utility costs, the FHWA Letter of Authorization (see Federal Project Authorization and Agreement (FPAA)- Right of Way Subprocess Activity III (a) ) is FHWA’s authorization for TxDOT to assume total oversight of the utility adjustment process.
  3. When there is no federal cost participation in right of way, inclusive of utility adjustments, contractual agreements with LPA participants are required. The execution of contractual agreements establishes responsibilities for acquisition of right of way, adjustment of utilities and cost sharing between the LPA(s) and TxDOT. The type of contract to be used is determined by whether the LPA desires to administer right of way activities and payments or defer those responsibilities to TxDOT. There are two general types of contractual agreements as follows:

It is the responsibility of the TxDOT Right of Way Representative, in cooperation with the LPA, to determine and prepare the appropriate agreement for execution. The execution of this agreement by the LPA and TxDOT is a prerequisite for establishment and release of a right of way project. The type of contract selected, as it relates to utility adjustments will dictate the path to follow in Right of Way Subprocess Activity VI (see LPA Agreement to Contribute Funds - Right of Way Subprocess Activity VI. )

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Right of Way Release - Right of Way Subprocess Activity IV

  • Participants
  1. TxDOT Right of Way Representative
  2. TxDOT ROW Division
  3. TxDOT Finance Division
  • Objectives
  1. Authorize District right of way acquisition and utility adjustment activities.
  2. Notice to TxDOT Finance Division for right of way funds authorization.
  • Activity Narrative
  1. The Right of Way Release is the authorization by the TxDOT ROW Division for the District to begin right of way project activities. The Right of Way Release is a prerequisite to subsequent Right of Way Subprocess activities required to authorize reimbursable utility adjustments. It also acts as a notice to the TxDOT Finance Division to issue fund authorization. The request for Right of Way Release will be initiated by District Right of Way and must be accompanied by a statement that the District is prepared to start the work. The release is conditioned upon completion of the following requirements:
    • right of way map approval
    • Relocation plan
    • Rodent control documentation
    • Right of way project cost estimate
    • Environmental release
    • Executed contractual agreement, with funding if applicable.
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Alternate Procedure Approval from FHWA - Right of Way Subprocess Activity V

  • Participants
  1. TxDOT Utility Liaison
  2. TxDOT ROW Division
  3. Federal Highway Administration (FHWA)
  • Objectives
  1. Authorize TxDOT to act in the relative position of the FHWA.
  2. Identify affected utilities, locations, and estimated costs.
  • Activity Narrative
  1. Where there is Federal-Aid in right of way, inclusive of utility costs, the Alternate Procedure Approval is FHWA authorization for TxDOT to assume total oversight of the utility adjustment process.
  2. Necessary information for the Alternate Procedure Approval will include the utility name(s), locations of existing facilities by station number and estimated cost of adjustment(s) by utility.
  3. Alternate Procedure Approval may be requested concurrently with the FHWA Letter of Authorization (Subprocess Activity III(a) (see Federal Project Authorization and Agreement (FPAA)- Right of Way Subprocess Activity III (a) .)
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LPA Agreement to Contribute Funds - Right of Way Subprocess Activity VI

  • Participants
  1. Local Public Agency (LPA)
  2. TxDOT Right of Way Representative
  3. TxDOT ROW Division
  • Objectives
  1. Confirm LPA’s transfer of responsibility to TxDOT for acquisition of right of way and Utility Adjustments.
  2. Confirm contractual documentation of LPA participation in eligible costs.
  • Activity Narrative
  1. On non-Federal-Aid right of way projects when TxDOT is to administer the payments to utilities, it is necessary to execute an ROW-RM-129, Agreement to Contribute Funds (Local Government), with the LPA. This agreement is the LPA’s assignment to TxDOT of the responsibility to oversee the utility adjustment and payment process. In return, the LPA will escrow to TxDOT the agreed percentage of cost participation based on the right of way project estimate and amendments thereto. This agreement would have been executed under Right of Way Subprocess Activity IIIb, TxDOT-LPA Right of Way Contracts (seeTxDOT-LPA Right of Way Contracts - Right of Way Subprocess Activity III (b) ).
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Request for Determination of Eligibility - Right of Way Subprocess Activity VII

(Also, refer to Right of Way Subprocess Activity XII)

  • Participants
  1. Local Public Agency (LPA)
  2. TxDOT Utility Liaison
  3. TxDOT ROW Division
  • Objectives
  1. Validation of reimbursement eligibility and determination of ratio.
  2. Minimize LPA risk of authorizing utility work deemed non-reimbursable