TXDOT RELOCATIONS Relocations - Mario Mend… · A. Planning Stage 1. Upon initiation of a Project,...

TXDOT RELOCATIONS Mario Mendez

Date

Safety is Intentional

Overview

Highlights of Master Utility Agreement

Buy America Updates

Q&A

3

Highlights of Master Utility Agreement

Master Utility Agreement

4

Highlights of Master Utility Agreement

Outlines general terms and conditions that apply to utility accommodation activities on transportation projects, as well as roles and responsibilities of TxDOT and utility companies.

Provides assurance to utility industry partners that they can begin incurring charges for preliminary activities (outlined in the agreement), upon notification by TxDOT.

5

Highlights of Master Utility Agreement

Notice of Proposed Construction

A. Planning Stage

1. Upon initiation of a Project, TxDOT will provide a Notice of Proposed Construction (“NOPC”) to Utilities believed to have facilities in and around the Project, in a form substantially similar to the attached in Exhibit “A.”

6

Highlights of Master Utility Agreement

Avoid

Minimize

Accommodate

7

Highlights of Master Utility Agreement

RO

W L

ine

L

Roadway

C

Avoid Example

8

Highlights of Master Utility Agreement

L

Roadway

C

RO

W L

ine

Minimize Example

9

Highlights of Master Utility Agreement

L

Roadway

C

RO

W L

ine

Accommodate Example

10

Highlights of Master Utility Agreement

Notice of Required Accommodation B. UTILITY CONFLICT IDENTIFICATION

1. Once the Parties have identified a conflict between the Project and Utility's facility that cannot be feasibly avoided by design and requires the relocation of Utility’s facility, TxDOT will provide Utility with a Notice of Required Accommodation (“NORA”)…

11

Highlights of Master Utility Agreement

Property Interest

Yes – Reimbursable

Standard Utility Agreement

No –

Non-Reimbursable

Permit

12

Highlights of Master Utility Agreement

C. UTILITY RELOCATION AGREEMENT

1. Upon the Utility’s receipt of the NORA, TxDOT and the Utility will enter into a SUA in a form substantially similar to the attached in Exhibit “C.”

D. RELOCATION OF UTILITYFACILITY WITHIN HIGWAY RIGHT OF WAY

2. Upon determination of the new location of the utility facility within the highway right of way and application by the Utility, TxDOT will facilitate the timely issuance of a permit…

13

Highlights of Master Utility Agreement

Subsequent utility

activities

Change to schematics

or plans provided

Project Canceled

Reimbursement for applicable expenses regardless of the Utility’s

reimbursement status for the initial relocation…

E. UTILITY REIMBURSEMENT

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Highlights of Master Utility Agreement

Utility TxDOT

Do not reach

agreement

F. FAILURE TO RESOLVE CONFLICT

Escalation

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Highlights of Master Utility Agreement

One Master Utility Agreement

per company

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BUY AMERICA / IRON AND STEEL PROVISIONS Mario Mendez

November 6, 2018

Table of contents

2 - 6

7 - 9

1 - 1 Buy America Compliance Guidelines

ROW Utility Manual Revisions

Utility Agreement Revisions

1

2

3

18

Buy America Compliance Guidelines

Removed percentages

Provide example of

materials that may be

subject to Buy America

Requirements

Added language – verify

compliance prior to

installation

Added language –

acceptance of written

certification – in certain

instances

Added language –

betterments

19

ROW Utility Manual Revisions

ROW Utility Manual Revisions

– Effective Date: September 10, 2018

• Chapter 7

– Section 4 “Buy America

Guidelines”

– Section 5: New Section Added

“Iron and Steel Preferences

Provisions in Improvement

Contracts”

• Chapter 12

– Section 14: Alternative Delivery

Project Agreement

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ROW Utility Manual Revisions

Buy America compliance

documentation

– Form 1818 AND

• Mill Test Reports (MTRs)

• When MTRs not available:

– Certification by an authorized

representative of the

manufacturer

– Certification by an authorized

representative of the vendor

21

ROW Utility Manual Revisions

Steel and Iron Preference Provisions

– SB1289

– Transportation Code §223.045

– No federal participation, but state-

funding

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ROW Utility Manual Revisions

Steel and Iron Preference Provisions

compliance documentation

– Form 1818 AND

• Mill Test Reports (MTRs)

• When MTRs not available:

– Certification by an authorized

representative of the

manufacturer

– Certification by an authorized

representative of the vendor

23

ROW Utility Manual Revisions

Invoicing and payment procedures

– Utility owner will provide one final

and complete billing of all costs

incurred, or of agreed-to lump-sum,

within one year following completion

of work

– Must maintain detailed billing

records demonstrating compliance

with Buy America or State Iron and

Steel Preference Provisions

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Utility Agreement Revisions

Added language –

specifically referring to Buy

America and Steel and Iron

Preference Provisions

25

Utility Agreement Revisions

Added language –

consequences of non-

compliance Added language –

consequence of untimely

submission Revised language –

reimbursement requests to

be submitted within one

year of work being

completed

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Utility Agreement Revisions

27

Q&A

Mario Mendez – Utility Specialist

Mario.Mendez@txdot.gov

(512) 416-2831

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