Chapter Five AGREEMENTS - Illinois Department of Transportation
Chapter Five AGREEMENTS - Illinois Department of Transportation
Chapter Five AGREEMENTS - Illinois Department of Transportation
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BUREAU OF LOCAL ROADS & STREETS<br />
Jan 2006 <strong>AGREEMENTS</strong> 5-7(1)<br />
5-7 UTILITY <strong>AGREEMENTS</strong><br />
5-7.01 Requirements for Utility Agreements<br />
A utility agreement is required when a proposed highway improvement requires relocation or<br />
adjustment <strong>of</strong> an existing utility and existing permits do not provide for moving the utility.<br />
Typically, these are projects that affect utilities located outside the existing highway right-<strong>of</strong>-way.<br />
5-7.02 Agreement Format<br />
When a project requires a utility agreement, the local agency is normally responsible for its<br />
preparation and execution in consultation with the district. Each utility agreement must specify<br />
the responsibilities <strong>of</strong> each party and contain the following items plus any additional items<br />
applicable to the project:<br />
1. Identify the utility name, local agency name, and MFT section number, if applicable. For<br />
Federal-aid projects, also identify the project and job number.<br />
2. Include a description <strong>of</strong> the work to be done.<br />
3. Provide a location description and location map.<br />
4. For projects with federal funds, include a statement that the project is subject to FHWA<br />
requirements.<br />
5. Identify who is responsible for the surveys, plan preparation, specifications, and<br />
estimates.<br />
6. Identify which agency is responsible for letting and awarding the contract and who will<br />
provide construction supervision <strong>of</strong> the work.<br />
7. Identify the selected method <strong>of</strong> construction (e.g., State- or local-let contract, utility<br />
forces, or contract by utility company).<br />
8. Note if concurrence in the award <strong>of</strong> the contract is required.<br />
9. Provide a division <strong>of</strong> cost showing funding responsibilities and the type <strong>of</strong> funds being<br />
used.<br />
10. Identify the method <strong>of</strong> payment and/or reimbursement by each party.<br />
11. Note the local agency appropriation for their share <strong>of</strong> the cost.<br />
12. For federally funded projects, include any statements regarding DBEs. Note the DBE<br />
program being followed by the local agency, if it is a locally let contract.<br />
13. Note who is responsible for the retention <strong>of</strong> records for inspections, audits, etc. The<br />
utility company must retain records for 3 years following completion <strong>of</strong> work.<br />
14. Identify the proposed completion date <strong>of</strong> the project.<br />
15. Provide provisions in the agreement to allow termination <strong>of</strong> the project.<br />
16. Include a statement that IDOT will audit utility bills for work performed by utility forces in<br />
accordance with FHWA requirements on all projects involving the use <strong>of</strong> State or federal<br />
funds.