ROW Utilities Manual: Agreement Assemblies

Section 4: Agreement Assemblies

Requirements for Submission

After the plans and estimates have been completed, assemble the following documents, which together make up the utility agreement assembly. Email one electronic copy of the executed utility agreement assembly to ROW_UtilityRequests@txdot.gov for ROW Division review:

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Transmittal Memo from District to Division; explaining necessity of adjustment/relocation, a statement of approval of consultant contract, summary of cost with eligibility and betterment, and a statement of approval of utility adjustment/relocation design. Transmittal Memo from District to Division must be signed by District Engineer or designee.

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Form ROW-U-AGMNTCheck Utility Accommodation/Adjustment Checklist is available to ensure that all aspects and costs of the adjustment have been addressed.

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Executed form ROW-U-35 Standard Utility Agreement, with the following attachments:
Attachment A: Plans, Estimates, and Specifications;
- Utility Plans
  - Each assembly of plans should include any alternate plan needed to justify the route location selection, or comparative plans to support the amount of betterment credit, if any.
  - Line-coding or bolding must distinguish between existing facilities to remain, to be removed and/or abandoned, and to be installed.
  - As described in Chapter 6, Section 2, Utility Plan Preparation.
- Utility Estimate - Buy America Items should be identified with an *
  - The estimate(s) and schedule of work, including comparative estimates to establish economy of route location or to establish the limit of TxDOT cost participation when betterment is involved.
  - One electronic copy of the estimate.
  - Major items of materials, correlated with plans, and compliance with the UAR.
  - Estimate must correlate with statement of work in agreement.
  - If betterment is involved, two estimates are required. One for replacement in kind, and a second estimate with betterment.
- Actual Cost Estimate Submission Requirements
  - Estimate must be broken down as to cost of labor, construction overhead, materials and supplies, handling charges, transportation and equipment, right of way, preliminary engineering, salvage credit, and betterment credit.
- Lump Sum Estimate Submission Requirements
  - The lump sum estimate must be as detailed as a final billing and broken down as to man hours by class and rate; equipment by type, size and rate; materials and supplies by item and price.
  - There must be a clear understanding of the work to be performed.
  - Payroll additives and other overhead factors must be shown individually with an explanation of each, along with current supporting figures, bids to support contract work, and description of units of material shown as an assembly unit.
  - A schedule for accomplishing the utility work must be included with the agreement submission. For simple adjustments, a proposed starting date and estimated completion date will suffice. For complicated adjustments, including those requiring coordination with the construction contractor, the schedule should show the estimated starting and completion dates of major phases of the work. This schedule must be submitted in the agreement assembly.
Attachment B: Accounting Method, Actual or Lump Sum;

Attachment C: Schedule of Work;

Attachment D: Statement Covering Contract Work, form ROW-U-48 Statement Covering Contract Work;

Attachment E: Utility Joint Use Agreement - ROW-U-JUA Utility Joint Use Agreement, and/or RULIS utility permit;
- Submittal of this form may be deferred until final billing.
- Statement of acknowledgment for future quitclaim requirements
Attachment F: Eligibility Ratio;

Attachment G: Betterment Calculation and Estimate;

Attachment H: Proof of Property Interest; Appropriate property interest document:
- Affidavits Forms ROW-U-Affidavit (choose an option for Utility Owner, Disinterested Party, or Property Owner) which accurately describes property easement location, executed and notarized, with easement documents attachments
- Property interest documents are not required on Interstate projects, unless replacement utility easements or right of way is obtained.
- Corporate Succession, if required.

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One electronic copy of form ROW-U-40 Signature Authority required only if officer of company or appropriate elected official did not execute agreement documents. Not required if copy of signature authority is already on file.

Any revisions or alterations to the agreement after it has been executed by either party shall nullify the agreement, in which case a new agreement must be executed by all parties.