Section 5: Combined Transportation Utility Construction
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If it is determined that the adjustment of utility facilities is to be included in the proposed highway construction contract, the following items should be considered:
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- Who is responsible
for the cost of the adjustment?
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- the utility, Anchor: #CKOBKWHD
- TxDOT, or Anchor: #CBICRKRC
- the LPA.
In certain instances, the proposed work may result in a proportionate cost sharing whereby the utility funds certain aspects of the adjustment and the appropriate governmental agency participates as well.
If it is determined that the utility is responsible for the adjustment costs and the TxDOT contractor will perform all or part of the adjustment, the District must execute an Advance Funding Agreement For Voluntary Utility Relocation Contributions On State Highway Improvement Projects (AFA) to fund the required work.
Before the project can be awarded, funds must be collected from the utility, at least 45 days prior to the let date. In addition, a statement should be placed in TxDOT’s PS&E, noting the adjustment work is to be billed from these funds. Per Transportation Code Section 224.008, the ROW CSJ/ROW Project ID number should be used as a sub-estimate identifier to accumulate utility adjustment costs within the overall construction project estimate.
If utility work will be performed by TxDOT’s contractor, place a ROW CSJ/ROW Project ID number and statement in the PS&E, noting that work will be billed from right of way funds, or from LPA funds.
Advance Funding Agreement For Voluntary Utility Relocation Contributions On State Highway Improvement Projects are required for all non-reimbursable utility work, (i.e., incorporation of work determined to be ineligible for State cost participation or in some instances, betterments) included in TxDOT’s PS&E. If an LPA elects to pay for the work performed by TxDOT contractors, work detailed in the PS&E and either of the two requirements must be met: LPA must be the responsible agency, or the project must be converted to an SUP.
Anchor: #MEBEJOFM - Who will perform the adjustment?
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- the utility, with its personnel or contractor, or Anchor: #OJKUTUFY
- TxDOT’s highway contractor.
Include a statement of how the work to be accomplished is handled in TxDOT’s PS&E. The part to be performed by each party involved should be described.
As a rule, highway right of way should be clear of utilities before the letting of transportation construction projects. However, utility adjustments may be performed by, or coordinated with, the transportation contractor in the transportation construction contract, and included in the PS&E.
Preliminary plan estimates and Advance Funding Agreement For Voluntary Utility Relocation Contributions On State Highway Improvement Projects (if applicable) for utility work must be forwarded to ROW Division. After coordination and review by applicable divisions, the District will include the utility plans and estimate in the appropriate utility agreement assembly. After approval, work will be incorporated in the highway PS&E. The work must be identified by the construction Control Section Job (CSJ)/Project ID number using the ROW CSJ/ROW Project ID. The ROW CSJ/ROW Project ID is a sub-estimate contained within the project construction estimate. Construction funds must not be used when any portion of the utility adjustment is eligible for reimbursement. By law, eligible utility adjustment costs must be funded out of the ROW CSJ/ROW Project ID.
Utility work must be shown as sub-estimates of the transportation project estimate for each utility. At the head of each sub-estimate, the following identifying language must be included:
“The following work is to be performed by highway contractor for [utility name] and funded by right of way funds using the above ROW CSJ/ROW Project ID, or Advance Funding Agreement executed on such date and agreement number associated with the ROW CSJ/ROW Project ID.”
Costs to the roadway contractor, paid through the Advance Funding Agreement For Voluntary Utility Relocation Contributions On State Highway Improvement Projects and ROW CSJ/ROW Project ID, need to be shown on the cost estimate of the Utility Agreement, to calculate the Total Utility Relocation Project Cost. A separation of costs is required; from what is paid to the roadway contractor and reimbursed to the utility company (if applicable) through the Utility Agreement should be shown on the cost estimate of the Utility Agreement.
Modifications to the scope of work, before or after letting, that impact associated costs/quantities should be coordinated with the District’s Design and Right of Way Sections. Changes before letting need to be coordinated with Design Division and ROW Division; changes after letting need to be coordinated with Construction Division and ROW Division.
NOTE: If utility adjustments are included in the highway construction contract, the plans submitted must be signed and sealed by an Engineer.
Advance Funding Agreement For Voluntary Utility Relocation Contributions On State Highway Improvement Projects (AFA)
Utility work included in the highway construction contract may include items that are ineligible for TxDOT cost participation. Therefore, it will be necessary for the utility to submit the estimated ineligible costs through an Advance Funding Agreement For Voluntary Utility Relocation Contributions On State Highway Improvement Projects ( AFA) with TxDOT before letting as required by Advance Funding Agreement For Voluntary Utility Relocation Contributions On State Highway Improvement Projects. A statement should be added to the PS&E, in that section where utility items are addressed, stating that the ineligible utility items are financed by an AFA with the utility.
The utility will also contribute funds with the appropriate percentage of engineering and construction charges for the highway construction cost, which also applies to the utility construction cost.