HIGHWAY/UTILITY PROGRAMHIGHWAY/UTILITY PROGRAMOVERVIEWOVERVIEW

ROADWAY CONFERENCE

APRIL 20, 2009

PURPOSE OF UTILITY PURPOSE OF UTILITY PROGRAMPROGRAM

• Clear the R/W of direct and indirect utility conflicts:– Through the most

effective, efficient and economic solution possible for both the Utility & ODOT

– While preserving the operational safety, integrity, and function of the highway facility

– And without delay to project development or construction

Size of Utility Size of Utility Relocation ProgramRelocation Program

• Over 4000 utilities• Relocate 200-300 utilities/yr• 30-50 are reimbursable • ODOT costs $2-$25 million/yr• Utility costs $15-$25 million/yr

Region Utility SpecialistRegion Utility Specialist(RUS) Role(RUS) Role

• Coordinate clearing the ROW of Utilities prior to construction, or

• Make proper arrangements for relocation to occur during construction so as not to delay the contractor

State Utility LiaisonState Utility Liaison(SUL) Role(SUL) Role

Soft Deliverables:• QA/QC: Ensure policy and procedures are

followed through review of deliverables• Approve & Authorize reimbursable utility

work & payments• Train, guide, mentor, and advise the Utility

Specialist and others• Assist the Utility Specialist or take the lead

on engineering solutions and negotiations with utilities

RUS & SUL DeliverablesRUS & SUL Deliverables2 - Categories2 - Categories

1. Projects w/Non-Reimbursable Conflict2. Projects w/Reimbursable conflicts

1. RUS Deliverables1. RUS Deliverables NonNon-Reimbursable Utility Conflicts-Reimbursable Utility Conflicts

• Preliminary Utility Report• Conflict Letter – Non Reimbursable• Timing Letter• Utility Specifications• Utility Certification• Package for Utility work in ODOT project

Preliminary Utility ReportPreliminary Utility Report

• Provides information on type, size & location of existing utilities, potential impacts, cost and cost responsibility for relocation.

• Preliminary information used for:– Scope, Schedule and Budget – Design considerations to minimize

significant utility impacts– Potential ROW needs for utilities– Determination of SUL Involvement– Update the Utility database

Conflict and Timing lettersConflict and Timing letters

• Specified by OAR 734-055– ODOT’S Utility Accommodation Policy– Governs the location, installation,

construction, relocation, maintenance and use of pole lines, buried cables, pipe lines upon State Highway right-of-way.

Conflict LetterConflict Letter

• OAR 734-055-045 (2): “Upon receiving written notice from the Engineer to remove, relocate or repair the said facility, applicant shall within 30 days or within the time frame contained in the notice, provide to the Engineer its time estimated requirements for accomplishing the directed action.”

Timing LetterTiming Letter

• OAR 734-055-045 (4): “The Engineer in a second notice shall direct applicant, within a specified time frame and consistent with a coordination plan, to complete the removal, relocation or repair of said facility. The time frame outlined in the notice shall take into consideration the applicant's estimated time requirements to accomplish the directed action.”

Utility CertificationUtility Certification

• Required by 23 CFR 635.309(b)• PD-02 PS&E Checklist

2. SUL Deliverables2. SUL DeliverablesNonNon-Reimbursable Utility Conflicts-Reimbursable Utility Conflicts

• Develop Utility Agreement for Utility work included in ODOT contract at the Utility’s cost (Second Moves)– Send out a Letter of Agreement to be signed by the

Utility– Send the signed Letter of Agreement to HPO so that

they can obtain advance deposit from Utility– Reconcile expenditures at end of project and provide

docs to HPO for closing account

– Create and retain file for audit purposes

SUL DeliverablesSUL Deliverables Non-Reimbursable Utility ConflictsNon-Reimbursable Utility Conflicts

cont.cont.

• Review conflict & timing letter and specifications for clarity, completeness and consistency.

• Provide guidance and leadership on communication, coordination and cooperation with internal and external stakeholders

• Assist the Utility Specialist or take the lead on engineering impacts and solutions and negotiations with utilities and internal folks

RUS & SUL DeliverablesRUS & SUL Deliverables2 - Categories2 - Categories

1. Non-Reimbursable Projects2. Projects w/Reimbursable conflicts

1. RUS Deliverables:1. RUS Deliverables: Reimbursable Reimbursable Utility ConflictsUtility Conflicts

• Reimbursable Utilities are primarily governed by:– 23 CFR 645A: Utility Relocation and

Accommodation on Federal-Aid Highway Projects

– Policy applies to all state projects regardless of funding type (State, Federal, Bonds, etc.)

ODOT/Utility AgreementODOT/Utility Agreement

• 49 CFR 24.307 requires the Utility and State to reach prior agreement on the nature of the utility relocation work to be accomplished, the eligibility of the work for reimbursement, the responsibilities for financing and accomplishing the work, and the method of accumulating costs and making payment.

ODOT Utility ODOT Utility InformalInformal AgreementAgreement

Simplified ViewSimplified View

• Conflict Letter – Proposal (RUS)• Reimbursement Package – Offer (Utility)• Authorization to Proceed – Acceptance (SUL)

Agreement AuthorizationsAgreement Authorizations

Utility Agreements are necessary to provide authorization to:•Reimburse the utility for their costs•Provide for the outsource of Preliminary Engr. Contracts by Utility• Allow for Advance Purchase of Materials• the Outsource of Construction by Utility• provide multiple authorizations for compliance to State Contract Laws

RUS Deliverables:RUS Deliverables: Reimbursable Utility ConflictsReimbursable Utility Conflicts

• Preliminary Utility Report• Conflict Letter = ODOT Proposal• Signed Utility Offer for compensation• Utility Specifications (Section 150.50)• Utility Certification (Release Project for Ad)• Utility Property Rights Documentation• Transfer of Property Right docs • Reimbursement Certification• Utility Invoice Submittal

2. SUL Deliverables:2. SUL Deliverables: Reimbursable Utility ConflictsReimbursable Utility Conflicts

• Prepare Utility Package for FHWA funding approval- Full Federal oversight projects

• Development and Execution of Utility Agreements

• Provide Authorization/”Notice to proceed” for:– Utility Engineering and Installation– Review and Recommend invoices to be paid

Create and retain file for audit purposes

Key DeliverablesKey DeliverablesFrom Other DisciplinesFrom Other Disciplines

• Survey• Right of Way • Roadway, Traffic, Bridge/Geo/Hydro• District Maintenance

Key DeliverablesKey Deliverables

• Survey– Complete and Accurate 2-dimentional base

map of all existing utilities using ONE CALL– Targeted 3-dimensional surveys upon

request– Survey field staking for Utility relocation

purposes

Key DeliverablesKey Deliverables

• Right of Way Section- Clear Utility Property Rights when required– Issue and/or determine appropriate

property right to Utility

Key DeliverablesKey Deliverables

• Roadway – Traffic – Bridge/Geo/Hydro– Provide specific plans for utility conflict

analysis at critical points in project development schedule: 30%, 50%-70%, 90%.

Key DeliverablesKey Deliverables

• District Maintenance – Utility Permits– Obtain Performance Bonds– Issue Standard Permits– Issue X-Permits

Key DeliverablesKey Deliverables

• Construction Office– Enforce and obtain contractor schedule's to

include the Utility schedules

Items to keep in mindItems to keep in mind

• Fiber Optics –it could take a year to get the line relocated.

• Identifying utility conflicts early speeds up coordination with the utilities.

• Work with your utility specialist they are there to help you.

End of PresentationEnd of Presentation

www.oregon.gov/ODOT/HWY/ROW/utility_resource.shtml