1. HIGHWAY/UTILITY PROGRAM OVERVIEW ROADWAY CONFERENCE APRIL 20, 2009

2. PURPOSE OF UTILITY PROGRAM 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

3. Size of Utility Relocation 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

4. Region Utility Specialist (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

5. State Utility Liaison (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

6. RUS & SUL Deliverables 2 - Categories 1.Projects w/Non-Reimbursable Conflict 2. Projects w/Reimbursable conflicts

7. 1. RUS Deliverables Non-Reimbursable Utility Conflicts Preliminary Utility Report Conflict Letter – Non Reimbursable Timing Letter Utility Specifications Utility Certification Package for Utility work in ODOT project

8. Preliminary 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

9. Conflict 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.

10. Conflict 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.”

11. Timing 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.”

12. Utility Certification Required by 23 CFR 635.309(b) PD-02 PS&E Checklist

13. 2. SUL Deliverables Non-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

14. SUL Deliverables Non-Reimbursable Utility Conflicts 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

15. RUS & SUL Deliverables 2 - Categories 1.Non-Reimbursable Projects 2.Projects w/Reimbursable conflicts

16. 1. RUS Deliverables: Reimbursable Utility 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.)

17. ODOT/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.

18. ODOT Utility Informal Agreement Simplified View Conflict Letter – Proposal (RUS) Reimbursement Package – Offer (Utility) Authorization to Proceed – Acceptance (SUL)

19. Agreement 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

20. RUS Deliverables: Reimbursable 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

21. 2. SUL Deliverables: Reimbursable 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

22. Key Deliverables From Other Disciplines Survey Right of Way Roadway, Traffic, Bridge/Geo/Hydro District Maintenance

23. Key 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

24. Key Deliverables Right of Way Section - Clear Utility Property Rights when required –Issue and/or determine appropriate property right to Utility

25. Key Deliverables Roadway – Traffic – Bridge/Geo/Hydro –Provide specific plans for utility conflict analysis at critical points in project development schedule: 30%, 50%-70%, 90%.

26. Key Deliverables District Maintenance – Utility Permits –Obtain Performance Bonds –Issue Standard Permits –Issue X-Permits

27. Key Deliverables Construction Office –Enforce and obtain contractor schedule's to include the Utility schedules

28. Items 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.

29. End of Presentation www.oregon.gov/ODOT/HWY/ROW/utility_resource.shtml