Utah Admin. Code R940-10-5 - Record of Request and TRZ Agreements

(1)

(a) The department shall maintain a record on each TRZ participation request.

(b) Except for individual records in the file that may be classified private or protected, the contents of the file shall otherwise be public.

(2)

(a) If the commission approves state participation in a TRZ, the department may enter into a TRZ agreement with the requesting public agency that will set forth the proposed project, the method of financing the project, the work that will be done, and projected timelines.

(b) Notwithstanding Subsection (2)(a), the department may not enter into a TRZ agreement until the agreement is approved and a public hearing is held in accordance with Section 11-13-227.

(3) A TRZ agreement shall include:

(a) adequate security to UDOT of receiving payment after the project is done;

(b) a statement indicating that parties of the agreement are not relieved of any state permitting requirements, including encroachment and access permits;

(c) a statement indicating that the TRZ agreement does not preclude UDOT requiring other agreements related to the proposed project;

(d) provisions to address conflicts of interest related to the proposed project;

(e) a statement indicating that the TRZ agreement does not include the work terms for the project;

(f) any indemnification clause determined necessary by the Department; and

(g) a statement that incorporates the project proposal that was approved by the Transportation Commission.

Notes

Utah Admin. Code R940-10-5

Adopted by Utah State Bulletin Number 2023-23, effective 11/21/2023