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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.

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