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Guide Revision Date: 12/31/2015

Utility Relocation Guide

Table of Contents Introduction – General guidelines and information on the usage of this Guide. Chapter 1 – Processes contains ideas/suggestions/discussions on the resources and methods to perform the required tasks of relocating utility facilities due to conflicts with ODOT Construction projects. Chapter 2 – Checklists contains task oriented lists of the steps a RUS/Utility Coordinator will need to make during the various phases of identifying and relocating a utility facility. Chapter 3 – Forms and Templates used by the RUS/Utility Coordinator in the utility relocation process. The RUS/Utility Coordinator is expected to check the Utility Form Website for the most current version of the documents. Chapter 4 – Examples of forms and documents used by the RUS/Utility Coordinator for reference.

http://www.oregon.gov/ODOT/HWY/ROW/utility_form_library.shtml

Introduction Page i


INTRODUCTION This guide is written for the Region Utility Specialists (RUS), Out-sourced Project Utility Coordinators (UC) and Local Agency Utility Coordinators (UC) to assist in their execution of the Oregon Department of Transportation (ODOT) Utility Relocation Program. The Federal and State of Oregon laws, rules, regulations, and guidelines for the Utility Relocation Program are listed and discussed in Chapter 10 – Utility Manual of the ODOT Right of Way Manual. A thorough reading and understanding of the Utility Manual should be done prior to using this Guide. The following table shows the flow of work by project assignment from the project Region Utility Specialist /Utility Coordinator to the State Utility Liaison.

Project Assignment Utility Coordination (from) Report Flow (to) In-house projects Region Utility Specialist (RUS) State Utility Liaison (SUL) Out-sourced projects Consultant Utility Coordinator (UC) Project Manager(PM) to SUL Local Agency projects Local Agency Utility Coordinator (UC) Local Agency Liaison (LAL) to SUL

Electronic files and hard-copy (paper) files are all part of project documentation. To ease in the archiving and recovery of documents, a file naming convention has been developed. The critical component of naming a file is to always include the project key number at the beginning. Avoid the use of spaces within a file name; if you wish to have separation, use the underbar (_) or hyphen (-)

• File Names: KeyNumber_DocumentType_UtilityOwner

Example: 10942_ConflictLetter1_Pacific Power.doc • Correspondence: Subject Header

Subject: Conflict Letter Project Name: Some Project Highway: Some Highway County: Some County Key No.: 10942

• Email: Subject Line: KeyNumber-Description of Discussion

Example: 10942-Potholing request • SharePoint File Repository

Some Project Leaders (PL) will choose to use SharePoint as a file organization and communication tool. A project directory is created at the PL request and should be used by the project team if set up. NOTE: This is not an ARCHIVE directory, but is for communication purposes only. The RUS should keep copies of any documents that may be needed for future reference, as the SharePoint files may be deleted at the conclusion of the Preliminary Engineering (PE) phase of a project.

http://www.oregon.gov/ODOT/HWY/ROW/docs/row_manual_chapter_10.pdf

Introduction Page ii


Example 4-1 is a screen print of the Project Document Folder>Shared Documents>Utilities. The example shows the deliverable documents have been completed for this project and the documents are available in final status for the project leader to incorporate into the package to be submitted for PS&E.

• ProjectWise ProjectWise is an integrated suite of collaboration servers that enable engineering design and construction project teams, their information, and their tools to work together. Bentley ProjectWise provides managed access to engineering and geospatial content within the workgroup, across a distributed organization, or among collaborating organizations throughout ODOT. By working within the Bentley ProjectWise managed environment, users can streamline their project work and improve the efficiency.

Introduction Page iii


Utility Relocation Workflow

Chapter 1 Process

INDEX

1.1 Utility Reports 1.2 Mapping 1.3 Establish Eligibility for Reimbursement 1.4 Conflict Letter and Project Notification Letter 1.5 Reimbursable Process 1.6 Non-Reimbursable Process 1.7 Funding Opportunities 1.8 Utility Attachments on Structures 1.9 Adding Work to ODOT Contract 1.10 Coordinating Utility and ODOT Facility Installations 1.11 Timing Letter 1.12 Specifications 1.13 Certification 1.14 Permits 1.15 Construction

Chapter 1 - Process Page 1

1.1 Utility Reports Utility Reports are developed during the Environmental Impact Statement or Scoping phase of a project. The report is to be used by the project team when evaluating the proposed alternatives and making the choice for the alternative that is moved forward toward construction. The report consists of three major sections:

1 – Utility facility owner and contact information. 2 – General statement of impacts to each utility facility based on alternatives being

considered. 3 – Estimated cost impacts to each utility for each alternative and any estimated

reimbursable costs. The reimbursable cost estimates developed for the Utility Report are a rough estimate of costs that can be used as the initial Utility Reimbursement (UR) budget for the project. There is rarely any surveyed mapping of the project at the scoping phase. The RUS/Utility Coordinator will probably have to depend on aerial maps with alignments roughly estimated, mapping collected from utility facility owners, and visits to the project site. Once impacts have been identified, the RUS/Utility Coordinator can work with the utility owners to prepare general estimates for relocation costs. While it is the responsibility of the utility owner to establish reimbursable relocation rights, the RUS/Utility Coordinator will need to anticipate those rights when preparing the utility reports. Section 1.3 lists resources available to make the initial assessment of eligibility. Sample reports are provided in Chapter 4 – Examples 4.2 – 4.4

1.2 Mapping

OUNC One Call – The Survey Crew files a locate request with the Oregon Utility Notification Center (OUNC) 10 business days prior to beginning their survey for the project base map. When they file the request, a Locate Ticket is created. The survey crew should provide the ticket number and/or a copy of the ticket to the RUS/Utility Coordinator. A sample of a Locate Ticket is provided in Chapter 4, Example 4.5 The OUNC notifies the utility companies listed on the bottom of the ticket. The utility companies are responsible to mark their facilities, and notify the requestor of “non-locatable facilities” or “no facilities” within the requested area. OUNC only notifies those utility companies that have maintained and submitted their facility mapping. It is possible that some utilities will not be located and further research and contacts must be made. An example would be ODOT or City electrical facilities serving illumination, traffic signals or traffic monitoring devices. If a notified utility owner fails to mark their facility within the 10 business days, as directed in Oregon Administrative Rule (OAR) 952-01-80, the survey crew should contact the utility owner directly. All contact should be documented in the event that there is a need to file a Request for Administrative Action (RAA) for failure on the part of the utility owner to mark their facilities.



The Oregon Utility Coordinating Council (OUCC) has developed a comprehensive Standards Manual which includes the laws, statutes, and procedures pertaining to utility facility identification. The website at: www.oucc.net is an excellent resource for up to date facts and information.

Review Design Base Map

Once the survey crew has gathered all the existing features of the project area, a base map is generated and transmitted to the designer. The data collection and method is described in the ODOT Geometronics Survey Field Note Standards and Base Map Standards. The surveyor or designer may provide a copy to the RUS/Utility Coordinator. The RUS/Utility Coordinator reviews the utility locate information and works with the utility owners to verify completeness and accuracy. Depending on the density of utility facilities on a project site, any or all of the following actions may be necessary to verify the utility data on the base map: 1- Complete a project on-site visit with map to confirm ownership of mapped above

ground and underground utility facilities. Above ground confirmation includes noting ownership and joint use on poles and direction of aerial lines. Underground confirmation includes ownership and continuity of underground facilities.

2- Meet with utility facility owners to compare base map to their facility maps. 3- Additional horizontal and vertical data may be required through potholing.

The information gathered and displayed on the base map is dependant upon the type and complexity of the project. The RUS/Utility Coordinator should discuss what information they will require for their conflict analysis with the Survey Team prior to the survey if at all possible. A completed base map should include the following:

1. Proposed center line 2. Slope lines 3. Existing roadbed 4. Right of Way lines, existing and proposed 5. All utilities shown in relationship to highway center line 6. Lowest elevation of utility wire crossings 7. Depth of underground structures 8. Easement and permit data 9. All proposed utility adjustments on existing or proposed highway right of way,

or where proposed utility right of way is adjacent to the highway Utility Facility Maps

When preparing Utility Reports for an Environmental Impact Study (EIS) or Project Scoping trip there will probably be no survey data for utility facilities. In order to determine what facilities are within the project area it will be necessary to request facility maps from the utility owners. These maps can vary from aerial photos with line drawings of the general size and position of facilities to line drawings with annotations of utility facilities. It is best to request the utility facility maps in writing to have documentation in the project records. Some utility owners will refuse to provide mapping based on proprietary or homeland security restrictions. For those utility owners it will be necessary to provide the ODOT mapping available and ask them to verify their general facility information.

http://www.oucc.net/downloads/Standards-Manual-July-2014.pdf

http://www.oucc.net/

http://www.oregon.gov/ODOT/HWY/GEOMETRONICS/docs/Survey_Field_Note_Standards.pdf

http://www.oregon.gov/ODOT/HWY/GEOMETRONICS/docs/BasemapStandards.pdf

http://www.oregon.gov/ODOT/HWY/GEOMETRONICS/docs/BasemapStandards.pdf



Railroad Facilities

Utility facilities lying within the railroad right of way are under easement or franchise agreement with the railroad. All coordination with the railroad owner and those utility owners is to be through the ODOT State Railroad Liaison. The railroad will require the Township, Range, and Section of the area of the conflict.

1.3 Establish Eligibility for Reimbursement Typically, if the utility has a compensable property interest in its present location, it would be entitled to reimbursement. If the utility is located on public right of way by permit or franchise agreement, the relocation would generally be non-reimbursable, although the permit or franchise agreement should explicitly define the parameters. When preparing a Utility Report or determining which Conflict Letter to send to a utility owner, the potential for reimbursement eligibility must be established. A Utility Reimbursement Matrix was developed to assist with the initial evaluation and is found in the Utility Forms Library. The first step when determining reimbursement eligibility is to search the ODOT permit database. Utility facilities located on State Highway right of way by permit are considered non-reimbursable unless there is an X-Permit with special provisions declaring conditions for future reimbursement for relocation. If the project falls within city limits, it will be necessary to obtain and evaluate city franchise agreements for any relocation rights and conditions the city has made with the utility company.

If no permit is found, then there are a number of references and documents available to use to help determine potential reimbursable eligibility:

Easement Discovery by Survey and Right of Way The Right of Way Section and Survey Unit obtain copies of the deeds of properties lying adjacent to the road right of way during the development of the base map. Contained within those deeds are descriptions of utility and/or access easements that accompany the ownership of the land. Those deeds containing utility easement information should be provided by the ROW Agents or surveyors to the RUS/Utility Coordinator.

Highway History Documents

Documents providing background and history of the development of the State Highway system are scattered throughout the Right of Way Section. The following documents have been placed in the Utility Forms Library:

Overview of Ownership Rights: This document was generated by ODOT as a summary of the designation and establishment of State Highways and rights of way. In addition to the summary of the process there are also references for finding the original documents. Road Establishment File Index: A listing of the documents describing state highways based on highway number, county in which the roadway is located and the Right of Way file number. History of State Highways in Oregon: A document compiled and maintained by the ODOT Geometronics Unit which includes information to assist in locating the

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/miscellaneous_forms/prior_rights_matrix.pdf


http://www.oregon.gov/ODOT/HWY/ROW/pages/utility_form_library.aspx#M_O

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/miscellaneous_forms/road_establishment_fileindex_crossref.pdf

http://www.oregon.gov/ODOT/HWY/GEOMETRONICS/ROW_Eng/HistoryHighwaysOregon/HSHO.pdf



documents pertaining to the creation, relocation, jurisdictional exchange and abandonment of State Highways. Designation of Secondary Highways: A listing by county of sections of county and market roads adopted as secondary highways in 1933. Highway Designation Through Cities: Descriptions of the beginning, routing, and ending of primary and secondary highways routed through incorporated cities as adopted in 1935. This document provides important information on which city streets became part of the State Highway.

State Highways across Federal Public Lands Unreserved Lands - Roadway Easements on Forest Service Lands In order to provide uniformity on the right of way easement through National Forests a Memorandum of Understanding (MOU) was established and agreed to between ODOT and the US Forest Service. Utility facilities placed after the State Highway easement was established should be found under the ODOT permits. Those permits have been reviewed and agreed upon by the US Forest Service as a condition of the MOU. Relocation of the utility facility under ODOT permit is non-reimbursable. Utility facilities may have been placed prior to the State Highway easement and will have a separate easement agreement with the US Forest Service. It will be necessary to obtain a copy of the easement to determine if there is any reimbursement eligibility.

Reserved Lands - Roadway Easements on Indian Lands Tribal lands are part of the Federal Reserved Lands. Roadways through these lands are there by easement. Utility facilities crossing these lands are also under easement and may be there under ODOT permit or direct easement with the tribe. The Bureau of Indian Affairs should be contacted to assist in obtaining the utility easement information for reimbursement eligibility.

Irrigation Districts – Federal Land Act and rights prior to State Highway

Most irrigation districts in the State of Oregon were established under the Desert Lands Act of 1891 and right of ways under the Carey Act of 1894 and adopted by Oregon in 1901 which is prior to the establishment of state highways. Agreements between the irrigation district and ODOT should have been made at the time the roadway right of way was established. Copies of these agreements most often require research by the Right of Way Unit in Salem. Under the same general policy as other utilities, the adjustment and/or relocation of irrigation and drainage canals and ditches which conflict with highway construction are reimbursable. However, there are many types of organizations which own irrigation facilities. There may be Water Improvement Districts, Water Control Districts or Corporations, Bureau of Reclamation Projects and Water Districts that

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/miscellaneous_forms/designation_of_secondary_hwys.pdf

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/miscellaneous_forms/hwy_designation_thru_cities_3a.pdf

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility%20documents/mou_with_usfs_2002_2007.pdf



are all organized under different statutes and have different rights and responsibilities. The RUS/Utility Coordinator must determine:

1. The statute under which a particular district or company was organized. 2. The type of ditch right of way – whether it exists by easement, fee, right by

prescription or estoppel, or reserved for irrigation purposes by the federal government.

3. The date the particular ditch or canal was constructed. This date compared with the date the right of way was acquired will establish the irrigation company’s rights. The rights must be certified in the same manner as any other utility company property rights. (See Section 1.5 Reimbursement Certification)

Irrigation Relocation Agreements: Before adjusting the irrigation facilities which are in conflict with highway construction, Federal regulations and State law require that the irrigation district or company and State agree on their separate financial, construction, and maintenance responsibilities. (Example 4.18 – Irrigation Agreement)

1. The work may be done by the irrigation districts’ forces on a contract let by the district or included in the State’s contract.

2. A written agreement must be executed. In cases where the adjustment is simple, the agreement may consist of an exchange of correspondence. In more complicated instances a formal agreement is required. (Example 4.17 ) The SUL executes the agreement with input from the RUS/Utility Coordinator.

Existing Utility Services

Existing utility services to adjacent properties are normally accommodated during the acquisition of new right of way for a project. The RUS/Utility Coordinator needs to work with the Right of Way Agent to determine how the existing service will be maintained. Restoration: Where highway construction disrupts a utility service to a residence or business located outside the area acquired for new right of way, the restoration of that service is eligible for reimbursement. Where highway construction disrupts a utility service to a residence or business located wholly or partially within the area acquired for new right of way, the cost of relocating the service is included in the property settlement and the utility is not eligible for reimbursement. Removal: The removal of utility facilities which are located on and serve property purchased for new right of way are reimbursable only if the utility company has a valid property right in the existing location.



When the utility company does not have a valid property right, the landowner has the option of requiring the utility to remove their facilities at the utility’s cost when the landowner no longer requires the service. The State purchases that landowner’s right when they purchase the property for right of way purposes.

1.4 Conflict Letter or Project Notification Letter

OAR 734-055-0045 requires a Conflict Letter or a Project Notification letter for each utility affected by the project or located within the project limits. Templates for the letters are provided in the Utility Forms Library. There are two conflict letter templates available for use based on whether the relocation is eligible or ineligible for reimbursement. For reimbursable relocations, see Section 1.5. For non-reimbursable relocations, see Section 1.6. The Conflict Letter submittal to the utility facility owner is a package that begins with the letter and a set of preliminary or advanced plan sheets. Other documents such as a conflict list, Utility Relocation Information Sheet and Reimbursement Information Form may be added based on the needs of the project. An example of the package is included in Chapter 4, Examples 4.7 through 4.10. The Project Notification Letter submittal to the utility facility owner is a package that begins with the letter and a set of preliminary or advanced plan sheets. An example of the package is included in Chapter 4, Examples 4.7

Conflict Letter Templates The Reimbursable Conflict Letter or Non-reimbursable Conflict Letter templates provide the necessary legal language to meet the criteria of OAR 734-055-0045 with selectable paragraphs to include for various situations. The non-reimbursable conflict letter contains language to the utility owner for submitting documentation if they feel their facility is eligible for relocation reimbursement.

Project Notification Letter Template The Project Notification Letter template provides the necessary legal language to meet the criteria of OAR 734-055-0045 with selectable paragraphs to include for various situations. Utility Relocation Information Sheet

The Utility Relocation Information Sheet is provided to the Utility Owner with explicit information requested. A date is also included at the top of the sheet as a reminder as to when the information needs to be returned. While not a legal requirement, this sheet has proven invaluable to both RUS/Utility Coordinator and Utility Owner.

Conflict List

The Conflict List is a spreadsheet that should be provided to the project designers to be filled in as soon as the project design begins. It is the responsibility of the designer to prepare the initial conflict list as the horizontal and vertical alignment and roadway templates are developed and utility conflicts become apparent. The preliminary list is then transmitted to the RUS/Utility Coordinator for evaluation, summary, and transmittal to the utility owner. The project designer and RUS/Utility Coordinator should review the list together and determine if additional information is needed from the utility owner especially vertical depth by potholing.


http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/conflict_letter_reimbursable.doc

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/conflict_letter_non_reimbursable.doc

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/project_notification_letter.doc

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/miscellaneous_forms/utility_relocation_information_form.doc

http://www.oregon.gov/ODOT/HWY/ROW/docs/UtilityDocuments/odot_utility_conflict_list.xls



The project designer will make a running list of conflicts by station and offset as they come across them. The RUS/Utility Coordinator will have to sort the list by utility owner and prepare separate spreadsheets for each company. The RUS/Utility Coordinator will have to revise the list and add plan sheet numbers and notes to clearly define the areas of conflict to coordinate with the plan set being submitted to the utility.

Plan Sheet Markup Plan Sheet markup occurs when a complete set of plans, including all elements of design such as staging, roadway, drainage, signals and illumination, and any other elements that impact overhead and underground utility facilities, has been compiled for the project. A set of plans is made for each of the utility owners. Using the conflict list, each conflict is marked on the plan sheet and the corresponding construction note highlighted. A sample of a marked up plan sheet and the corresponding utility owner relocation is in Chapter 4, Example 4.11 and 4.12.

1.5 Reimbursable Process

It is required that the State and utility agree in writing on their separate responsibilities in doing financing and relocation. The form of the agreement is not prescribed, but is documented by an exchange of correspondence. A utility conflict letter, prepared by the RUS, sets out the separate financial responsibilities and outlines the area of conflict. That agreement “offer” consists of an estimate, plan, and a letter of transmittal from the utility which details the work to be done, who is to do the work, and the financial responsibility of the utility and State. The State letter, issued by the SUL, authorizes the utility to proceed with the work (occasionally with written stipulations) and becomes the “acceptance” of the agreement. There are other variations of this procedure where perhaps several letters will be written by the utility and the State before there is a written agreement.

Transmittal Request Form

The Transmittal Request Form is located in the Utility Forms Library under the Forms, Reimbursable section. The form is a cover letter that accompanies all of the submittals for reimbursable relocation information and serves as a request for action from the State Utility Liaison (SUL). There are five areas on the form:

1 - Request Approval Checkboxes – Utility Let Contracts, Work by Utility Forces, Work Added to Contract

2 – Funding Allocation with request for programming if needed 3 – Description of Request – brief one paragraph explanation 4 – Transmit Approvals to Contact Person and addresses 5 – Checklist for the attached documentation.

Reimbursement Information Form




The reimbursement process begins with the Reimbursement Information Form (RIF). This document is provided to the Utility Owner from the RUS/Utility Coordinator. It can be transmitted as a separate document or attached to the Conflict Letter package along with the list of conflicts and plan set. The utility owner will fill out and return the form to the RUS/Utility Coordinator who forwards it to the SUL with the Transmittal Request Form. The information provided by the utility owner on this form provides the information on budget needs and who will be performing the engineering and construction.

Utility Relocation (UR) Budget

An estimated utility relocation (UR) budget is established during the scoping and project prospectus stage. The RUS/Utility Coordinator should be involved in the development of that budget but it is not always true. The RUS/Utility Coordinator should be confirming with the Project Leader that a budget is set up for a UR expenditure account when eligible reimbursable utility facilities are found or suspected to be within the project limits. Adding a UR phase to a project after the initial budget is established requires a STIP amendment. It is the responsibility of the utility to prepare an estimate of cost for the proposed reimbursable work. The utility should itemize the work in sufficient detail to provide the State a reasonable basis for analysis. The itemization should include estimated costs of labor, overhead rates, materials, supplies, handling charges, transportation and equipment, and preliminary and construction engineering. The estimate should also include an itemization of appropriate credit for salvage, betterments and accrued depreciation. The RUS/Utility Coordinator needs to compare the utility owner’s estimated reimbursable costs against the amount allocated in the project budget. A Notice to Proceed with preliminary engineering and/or construction cannot be issued unless there is sufficient project budget assigned to the UR. The SUL will work with the Project Leader to increase the budget if there are insufficient funds assigned to the UR budget.

Establish Cost Split

There are times when only a portion of the relocation costs may be reimbursable. The RUS/Utility Coordinator works with the utility owner to establish what relocations or portions of the relocations are eligible for reimbursement. Payment for the reimbursable portions can be based on a percentage of the overall work or under separate work orders. Split costs can occur when: 1 – The utility facility to be relocated lies inside and outside areas considered reimbursable. These situations can often be defined as a direct percentage when the overall work is uniform in nature for the entire length of the facility. An example of a percentage based reimbursement would be if a utility facility relocation of 25 poles



includes 23 on private property and 2 on public right of way. The percentage would be 23/25 or 93.46% of the relocation would be eligible. Underground linear relocations such as waterlines, communications, and gas can be calculated on total length. An example would be 2300’ of gas line to relocate. If 1800’ is on private property, then there is a reimbursable percentage of 1800’/2300’ or 78.26%. An example of the research and cost split determination is found in Chapter 4, Example 4.6. 2 – The utility owner decides to upgrade their facility while performing the relocation. Upgrades or Betterments are usually in the form of larger capacity materials to accommodate future needs. The difference in materials and possibly construction methods needs to be estimated and a cost differential agreed upon. The utility owner makes the declaration of intent to make an upgrade or betterment when they submit the Reimbursement Information Form. The actual costs and differentials will be presented when the utility owner submits the detailed cost estimate.

Reimbursement Certification

The utility owner is responsible for providing proof of their property rights that make them eligible for relocation reimbursement. Proof can be provided in the following forms:

X-Permit: An X-Permit is granted to a utility owner when the utility had facilities on land where it has/had compensable interest and the land was acquired by the State of Oregon for roadway right of way. The X-Permit guarantees reimbursement to the utility owner for costs incurred in removing and relocating their facilities at any future time when required by an Oregon Transportation Commission project. X-Permits should be on file with the District Permit Office. Easement: An easement is the right to use the real property of another without possessing it. The utility owner must provide the documentation showing that the utility facility is allowed on a property in a specific location as described in a deed or other recorded legal document. When there is no written documentation of easement for the utility, the utility will have to provide certification that they have prior rights on the property by either prescription or estoppel. Forms for the utility owner are available in the Utility Form Library and are provided by the RUS/Utility Coordinator. Prior Rights: City or County owned and operated utility facilities may or may not be eligible for relocation reimbursement based on their location and the property rights at the time of placement of the facility. The documents listed in Section 1.3 can help verify eligibility claimed by the facility owner.

Reimbursement Certification Form

The RUS/Utility Coordinator submits a Reimbursement Certification Form once all the reimbursement eligibility documentation has been received, reviewed, and confirmed. The Reimbursement Certification Form along with all of the



documentation is transmitted to the SUL with the Transmittal Request Form as a cover sheet.

Utility Preliminary Engineering

Preliminary Engineering (PE) for the utility facility relocation can be performed by the utility staff, a consultant under contract with the utility owner, or a consultant hired specifically for the design of the relocation work. The utility owner provides the method of performing the PE on the Reimbursement Information Form. The RUS/Utility Coordinator collects the documentation and transmits it to the SUL using the Transmittal Request Form. The SUL must issue a Notice to Proceed before any preliminary engineering work can begin. Any work prior to the Notice to Proceed will not be reimbursed.

PE by Utility staff: The utility owner submits a cost estimate for approval prior to starting PE.

PE by Continuing Consultant Agreement:

The utility owner submits a copy of their contract with the Consultant which also includes salary rates, overhead, and profits. An estimate of the total PE costs should be submitted on the RIF. The SUL reviews the information and issues a Notice to Proceed.

PE by New Consultant Contract: The utility owner submits the Consultant Agreement. Documentation includes an estimate cost of services with salary, overhead, profit, and incidental expenses, an agreed upon ‘not to exceed amount’, basis of payment to the consultant, and an agreement for retention of records for auditing purposes. For contracts expected to exceed $10,000 a detailed Scope of Work is also required. The SUL reviews the contract to confirm a competitive bidding process was used as well as reasonable rates are being contracted and issues a Notice to Proceed.

Relocation Plan Review and Approval

The relocation plan is best submitted on marked up ODOT plan sheets if possible. If the utility owner submits their own plan sheets, then the drawings should include sufficient roadway, right of way, and ODOT project information to compare the relocated facility positioning against the ODOT proposal. The RUS/Utility Coordinator, along with the project designer, PM, district representative, and other technical staff as needed, review the proposed relocation and approve or request revision. This step may require the utility to stake the proposal on the project site and the ODOT survey crew record the staking and map it to the ODOT construction file before a final approval can be made.

Utility Plans, Specifications, and Estimate (PS&E)



The utility owner prepares and submits a detailed cost estimate once the relocation plan has been approved. For those relocations performed by the utility work force, the estimate is transmitted to the SUL for review and a Notice to Proceed.

Utility Construction

Utility Construction for the utility facility relocation can be performed by the utility staff, a competitive contract, the ODOT contractor or a Contractor with a continuing agreement. The utility owner provides the method of performing the Construction on the Reimbursement Information Form. The RUS/Utility Coordinator collects the construction supporting documentation and transmits it to the SUL using the Transmittal Request Form. The SUL must issue a Notice to Proceed before any Construction work can begin. Any work prior to the Notice to Proceed will not be reimbursed.

Utility Contract Bid and Award A utility owner must follow a low bid process or utility owner approved bidding process when contracting reimbursable relocation work. They must provide their bidding process to the SUL for approval and Notice to Proceed before advertising the project. The utility owner provides the SUL a detailed tabulation of the bids received and the prospective contractor. The SUL reviews the tabulation and confirms the selected contractor is low bidder and qualified for the relocation work and issues a Notice to Proceed with Construction.

Utility Billing

The utility owner has the option of submitting invoices periodically throughout the relocation process or at the end of the relocation work. The utility owner has one (1) year after completion of the work to submit a final billing. The final bill should follow as closely as possible to the estimate. If the actual expenditures exceed the estimated cost by 10% a written explanation from the utility must be submitted. Documentation from Utility

The utility owner is responsible to provide sufficient documentation for his workforces, contractor workforces, and any subcontractor workforces to establish the requested reimbursement costs are reasonable. Supporting documentation must include but is not limited to the following: • Labor Salaries and wages, at actual or average rates, and related expenses paid by the utility to individuals for the time worked on the project are reimbursable when supported by adequate records. This includes labor associated with preliminary engineering, construction engineering, right-of-way, and force account construction.

Salaries and expenses paid to individuals who are normally part of the overhead organization of the utility may be reimbursed for the time worked directly on the



project when supported by adequate records and when the work performed by such individuals is essential to the project and could not have been accomplished as economically by employees outside the overhead organization.

Amounts paid to engineers, architects and others for services directly related to projects may be reimbursed.

• Employee, classification ,pay rate, date worked, hours per day • Summary by location of what or where the employee was working

• Equipment The average or actual costs of operation, minor maintenance, and depreciation of utility-owned equipment may be reimbursed. Reimbursement for utility-owned vehicles may be made at average or actual costs. When utility-owned equipment is not available, reimbursement will be limited to the amount of rental paid.

• Equipment description, rates, dates, and hourly rate or mileage depending upon the company’s standard operating procedure

• Transportation The utility's cost, consistent with its overall policy, of necessary employee transportation and subsistence directly attributable to the project is reimbursable.

• Mileage log, date, rate

• Materials/Tools Materials and supplies furnished from company stock shall be billed at the current stock prices for such new or used materials at time of issue.

Materials and supplies not furnished from company stock shall be billed at actual costs to the utility delivered to the project site.

A reasonable cost for plant inspection and testing may be included in the costs of materials and supplies when such expense has been incurred. The computation of actual costs of materials and supplies shall include the deduction of all offered discounts, rebates, and allowances.

The cost of rehabilitating rather than replacing existing utility facilities to meet the requirements of a project is reimbursable, provided this cost does not exceed replacement costs.

Under US Federal law 23 CFR 635.410, “Buy America”, all iron or steel incorporated into jobs using federal money must be manufactured in the United States. The Certificate of Materials Origin (CMO) identifies where the iron or steel item was manufactured. “Manufacturing” includes all processes that affect the size, shape, and finish of the steel (coating, forming, plating, galvanizing, etc.). ODOT form No. 734-2126 must be submitted prior to incorporating the materials into the job. CMO information is located in the ODOT Construction Manual Chapter 12B. A sample of a CMO is in Chapter 4, Example 4.19 and 4.20.

• Description, price per unit, quantity, and total cost. • Copies of invoices from vendors and subcontractors

http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/ConstructionManual/cm12b.pdf



• All Certificate of Materials Origin which are required on all Federal Aid projects.

• Materials on Hand

Some materials are limited in availability or have long delivery times that require early purchase and storage. To meet the conditions for payment, the Utility must receive approval from the SUL and meet the criteria as defined in the ODOT Standard Specifications Section 00195.60 and ODOT Construction Manual Chapter 12F. • Location of stored materials and permit of entry for inspection and

confirmation • Description, price per unit, quantity, and total cost • Copies of invoices from vendors and subcontractors

• Overhead/Additive rates

• All applicable indirect costs/overhead rates must be approved prior to invoicing and payment. Indirect costs can include but are not limited to general overhead, employee fringe benefits, material and other additives. Indirect costs must comply with 48 CFR Part 31 of the Federal Acquisition Regulations, refer to: http://www.access.gpo.gov/nara/cfr/waisidx_04/48cfr31_04.html Indirect cost rates may be subject to audit by ODOT Audit Services

• Local and State Governments are required to go through the federal OMB Circular A-87 Cost Allocation plan approval process, refer to: http://www.whitehouse.gov/sites/default/files/omb/assets/agencyinformation_circulars_pdf/a87_2004.pdf prior to reimbursement of indirect costs/overhead. Direct costs, i.e. employee salaries, employee fringe benefits, materials, subcontractors, etc. are allowable.

• Allowance for Funds Used During Construction (AFUDC) charges are unallowable.

It is suggested that the utility submit the overhead rates prior to billing as Audit Services needs time to review them.

Analysis Timing

Reimbursable Utility Relocation billing is submitted to the RUS/Utility Coordinator. A 45 day timeframe from billing to payment is established by ORS 293.46 with the clock starting at the time all required documentation has been submitted to the RUS/Utility Coordinator. The RUS/Utility Coordinator verifies the information and documentation is complete and represents the actual costs. The RUS/Utility Coordinator has 10 days from the receipt of all the documentation to perform the review and submit the billing package to the SUL.

• All incoming documentation is to be date stamped upon receipt. • Requests for additional documentation are to be made in writing.

http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/ConstructionManual/cm12f.pdf

http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/ConstructionManual/cm12f.pdf

http://www.access.gpo.gov/nara/cfr/waisidx_04/48cfr31_04.html

http://www.whitehouse.gov/sites/default/files/omb/assets/agencyinformation_circulars_pdf/a87_2004.pdf





For those individual billings exceeding $10,000, the RUS/Utility Coordinator must obtain written verification and approval by the respective Area Manager before transmitting the package to the SUL. A running total of reimbursable utility billings are maintained by the RUS/Utility Coordinator to avoid overrun of the budgeted Utility Relocation Expense Account (UR EA). The RUS/Utility Coordinator notifies the PL when the billings approach and are expected to exceed the limit of the programmed budget. The Area Manager must approve, in writing, any reimbursable utility relocation billings once programming has been exceeded. Once the review and approvals have been acquired, the invoice with attached documentation is transmitted to the SUL. A Transmittal for Utility Payment Request Form is found in the Utility Form Library. This form serves as a cover letter and Area Manager Approval document. The SUL reviews the submittal and processes it for payment to the utility owner.

1.6 Non-Reimbursable Process

The Conflict Letter states a time frame for the utility company to respond with a relocation plan and schedule. The time frame, as stated in OAR 734-055-0045(2), is 30 days or as stated in the written notice. The RUS/Utility Coordinator works with the utility company in establishing the deadlines for plans, schedule, and execution of relocations.

Review Relocation Plans The Relocation Plans should be submitted to the RUS/Utility Coordinator on the project plan sheets or utility company plan sheets that show the critical project data such as right of way, centerline stationing and roadway features. The relocation plan should provide sufficient data for the RUS/Utility Coordinator, project designer, PM, and District Permit and/or Maintenance representative to evaluate the new location of the utility facility and ensure there are no additional conflicts created. Example of a Utility Relocation Sheet – Chapter 4, Example 4.12 Relocation Staking The utility is responsible for staking their proposed facility for field review. ODOT provides staking of current and or proposed right of way, no work zones, and permanent easements. ODOT surveyors can also provide centerline station and project reference monument coordinates to the utility company if requested. Once the staking is complete, the RUS/Utility Coordinator, project designer and PM review the staking in the field and accept or request changes to the proposed relocation. Once the relocation is approved, ODOT surveyors should record the relocation in relation to the project coordinates or have the utility supply the relocation coordinates. Establish Relocation Timing Utility facility relocations should occur between possession of right of way by ODOT and the contract bid date. However, there are times when the relocation of a utility facility is dependant upon a completed stage of project construction. This timeline shall include completion dates for relocations prior to contract bid date or duration and stage of construction for relocation during construction. For those relocations during construction, it will be important to also get information on how much prior notification the utility owner



will need to be ready when the contractor has completed the necessary work. All of this information is used in the Timing Letter (see Section 1.11) and Special Provisions (see Section 1.12)

1.7 Funding Opportunities

Relocating utility facilities costs money and it can be a severe problem for small utility companies and municipalities. The RUS/Utility Coordinator can assist by directing the utility facility owner to funding programs. The RUS/Utility Coordinator does not seek or secure the funding. Some of the programs are detailed below: Project Funding: Oregon Department of Human Services Drinking Water Program focuses on drinking water standards and administers the Safe Drinking Water Revolving Loan Fund. The utility facility owner makes application through the program for funding of the relocation as well as engineering assistance. The Infrastructure Finance Authority has four different types of funds available for Water or Wastewater Improvement Projects. These funds are for Grants and Loans that are available for engineering and construction upon application and approval. The four types are:

1. Community Development Block Grants which are available to non-entitlement cities and counties for a variety of projects. 2. The Safe Drinking Water Revolving Loan fund which provides low-cost financing for construction and/or improvements of public and private water systems. 3. Special Public Works Funds provide funding needed to support industrial, manufacturing and certain types of commercial development. 4. A Water/Wastewater Financing Program is available for construction and/or improvement of water and wastewater systems to meet state and federal standards.

Public utility facility relocations may also be eligible for loans through the Oregon Transportation Infrastructure Bank. Interested applicants should make contact using the information on the above linked website to help determine eligibility.

Engineering Services Funding: Through the Oregon Safe Drinking Water Revolving Loan Fund, contracts have been established with drinking water Circuit Riders to provide on-site technical services for community water systems serving populations under 10,000. The community contacts the Circuit Rider to initiate the process and can receive up to 10 hours per issue of free engineering services. An example of a Circuit Rider report is included in Chapter 4, Example 4.17

1.8 Utility Attachments on Structures

The ODOT Bridge Design and Drafting Manual (BDDM) Section 3.14.10 Utilities provides information for Utility facilities to be installed in or on bridges. It is expected that utilities that are currently on structures will want to remain on the structure after replacement or reconstruction. For new structures over waterways or roadways it can be anticipated that the utility companies will want to consider installing their facilities on the structure.

http://public.health.oregon.gov/HealthyEnvironments/DrinkingWater/SRF/Pages/index.aspx

http://www.orinfrastructure.org/Infrastructure-Programs/

http://www.orinfrastructure.org/Infrastructure-Programs/CDBG/

http://www.orinfrastructure.org/Infrastructure-Programs/SDW/

http://www.orinfrastructure.org/Infrastructure-Programs/SPWF/

http://www.orinfrastructure.org/Infrastructure-Programs/WW/

http://www.oregon.gov/odot/cs/fs/pages/otib.aspx

http://www.oregon.gov/odot/cs/fs/pages/otib.aspx

https://public.health.oregon.gov/HealthyEnvironments/DrinkingWater/SRF/Pages/index.aspx

https://public.health.oregon.gov/HealthyEnvironments/DrinkingWater/Operations/Pages/circuitrider.aspx

http://www.oregon.gov/odot/hwy/bridge/pages/standards_manuals.aspx



Step 1: The RUS/Utility Coordinator, during early communications with utility companies, finds out if the utility companies want to consider an installation in or on the structure. On new construction, the State normally provides the concrete inserts in the deck for hangers, holes through diaphragms, crossbeams and endwalls, and conduits under the end panels. This is regarded as providing minimal accommodation which essentially has zero or negligible cost (“de minimis”, or below the threshold of actually costing the program) compared to not providing these items and is acceptable per a January 2005 opinion from the Oregon Department of Justice. All other costs for materials and labor related to the utility facility installation are the responsibility of the utility company. Step 2: Transmit a copy of the bridge type, size, and location (TS&L) plans and Utility Information Request Form http://www.oregon.gov/ODOT/HWY/SPECS/docs/08specials/00500/SP589.docdata sheet to the utility company as soon as they are available. The cover letter in the form of a Conflict Letter should direct the utility company to Section 3.14.10 of the BDDM and include a deadline for when the information is needed by ODOT. The utility company is responsible to provide the information as required by the Bridge Designer. Any structural evaluations, plans, and calculations are to be stamped by an Engineer that is registered in the State of Oregon. Step 3: If a utility company requests the addition of conduits in a sidewalk or concrete rail, special attachment brackets, inspection walkways, etc., it is normally at the expense of the utility company. In such a case, an agreement is made between the State and the utility company before the work can be included in the project. The RUS/Utility Coordinator notifies the SUL as soon as possible in the project development process (preferably at the TS&L stage or before), to ensure an agreement can be reached and the work can be included in the project. The SUL writes the agreement.

1.9 Adding Work to ODOT Contract There are times when it is more cost effective to add the utility facility relocation or adjustment work to the ODOT contract. Items most frequently added are manhole and valve box adjustments that occur during construction operations. There are also occasions where municipal facilities require adjustment during construction and the municipality does not have the manpower to dedicate to the coordination with the contractor operations. Step 1: Once the conflict has been identified and a resolution determined, the facility owner requests, in writing, the work to be added to the ODOT Contract. Step 2: The State Utility Liaison (SUL) will work with the utility facility owner to prepare an agreement on the work to be incorporated and any fees associated with the work.

• Non-reimbursable eligible work will require estimates of the work and deposits from the utility owner.

• Improvements or betterments to reimbursable eligible work will need to be separated and the additional estimated costs deposited by the utility owner.

Step 3: For any elements of the work not addressed by ODOT Standard Specifications and Standard Drawings, the Utility facility owner will prepare plan sheets and specifications that will be incorporated into the project.

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/miscellaneous_forms/utilities_on_bridges_information_request.doc

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/miscellaneous_forms/utilities_on_bridges_information_request.doc

http://www.oregon.gov/ODOT/HWY/SPECS/docs/08specials/00500/SP589.doc



Step 4: Integrating the utility specifications into the contract documents takes additional time and coordination between the ODOT Specification writer and the Utility. The Specification Writer will add the specifications and plan sheets to the final contract package and establish separate bid items for the utility facility work so that costs can be tracked during construction. Step 5: Upon completion of construction, the actual costs will be compared to the estimated costs. The Finance Office will reconcile the final costs and initiate collection or refund of additional fees as indicated by the Letter of Agreement. Step 6: Obtain a Letter of Acceptance as directed in the Add Work Agreement or Operation and Maintenance Agreement.

1.10 Coordinating Utility and ODOT facility installations

Utility service connections such as power and telephone for traffic signals, illumination and signs are common in ODOT Construction Projects. Power, telephone, sewer, water and other utility facilities may be needed for ODOT Rest Areas and Weigh Stations. The RUS/Utility Coordinator assists the designer by providing the utility facility owner contact information to the designer. The RUS/Utility Coordinator may also coordinate an onsite meeting with the designer and utility facility representative to review and determine the best point of connection and work required by ODOT to prepare for the utility connection. The ODOT designer is responsible for getting the installation and billing agreement established and the work incorporated into the project plans and specifications. The designer and specification writer add the connection costs to the contract as Anticipated Items. The Construction Project Manager and Contractor are responsible for the notification to the utility facility owner when the work is ready for the inspection and/or connection to the utility facility. For a new communication line installation the PM must contact the Voice and Facilities project Manager by email at [email protected] and [email protected] .

1.11 Timing Letter

Once the relocation plan and schedule has been through the review and approval process by the RUS/Utility Coordinator, project designer, PM, and District representative, then the second notification or Timing Letter is issued per OAR 734-055-0045(4). The Timing Letter contains a description of the relocation work as well as the agreed upon estimated date of completion or construction stage, notification, and duration of work. Also included in the letter is the contact information for applying for the permit, confirming the right of way is in possession of ODOT, and the possibility of a delay claim if the schedule is not met. An example of a Timing Letter is found in Chapter 4, Example 4.13.

1.12 Specifications

The RUS/Utility Coordinator obtains the most current set of boilerplate Special Provisions from the ODOT Specifications website. The most common specifications for the RUS/Utility Coordinator input are Section 00150.50(f) and 00180.40 and 00180.42. Any specification that is

mailto:[email protected]

mailto:[email protected]

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/relocation_time_requirements.doc

http://www.oregon.gov/ODOT/HWY/SPECS/Pages/standard_specifications.aspx



not a boilerplate specification must be approved by the Senior Specifications Engineer and the State Utility Liaison. Section 00150.50 Cooperation with Utilities:

Item 00150.50(c): Item 00150.50(c) was developed for those complex projects where utility facility relocations are dependant upon and need to be closely coordinated with the ODOT contractor. This section requires a regularly scheduled meeting between the contractor and utility representatives to coordinate and plan upcoming work. The meeting also includes an ODOT representative and a written report of the discussions, decisions, and agreements made by all parties. The decision to incorporate these special provisions is made by the Project Manager and RUS/Utility Coordinator. Item 00150.50(f): The following bullet items correspond with a paragraph or section in the boilerplate that will need to be considered when preparing specifications. An example of contract Special Provisions with a combination of relocating and non-relocating utility facilities is found in Chapter 4, Example 4.14.

• No Anticipated Conflicts Provide the utility company name and a contact person and phone number.

• Utility Adjustments are the responsibility of City or County work forces Provide City or County Department and contact number as well as what facilities are being relocated.

• Utilities will be relocating or adjusting Utilities during Construction Prepare an Itemized list of each utility company with contact person and phone number and estimated date of completion for their work. Specific paragraphs have been provided for high pressure gas and energized power line clearances. Any other special considerations such as watchers for proximity to fiber optic or advance notification of work in proximity to the utility facility should be defined and contact information given.

Section 00180 – Prosecution and Progress

Item 00180.40(c) Specific Limitations This section is used when there are constraints or specific time frames that impact the contractor schedule. At this time the only items included in the boilerplate special provisions are statements concerning irrigation district limitations. If there are other limits that cannot be addressed in the 00150.50(f) specifications, then the RUS/Utility Coordinator needs to work with the specification writer for the project to include the limitations and conditions. Item 00180.42 Preconstruction Conference When there are complex utility facility relocations dependent upon the Contractor’s work schedule, it is advisable for a separate utility preconstruction conference to be held. The



decision to include this paragraph in the special provisions is made by the RUS/Utility Coordinator and Project Manager.

Other Special Provisions and Specifications: The RUS/Utility Coordinator may discover project specifications that need to be incorporated in the contract special provisions during discussions with the utility facility owners. An example would be the need for a specification and bid item for hand dug guardrail posts. The RUS/Utility Coordinator should notify the specification writer of any of these cases. Work added to the ODOT contract by agreement with the utility facility owner will also require the inclusion of additional or specialized work specifications. The RUS/Utility Coordinator coordinates the addition of the additional specifications with the specification writer. The utility facility owner should use American Public Works Assoc. (APWA) specifications. Allow additional time for the specification writer to review and coordinate the appropriate specifications into the contract package.

1.13 Certification Before a project can be advertised and bid, a Plan, Specifications & Estimate (PS&E) package is compiled by the Project Leader. Included in that package of information is a Utility Certification. The Certification is in two sections. The first section lists the utilities that are within the project limits that will be relocating and the utilities that are within the project limits that have no anticipated conflicts. If all utility companies have provided approved relocation plans and schedules, then the RUS/Utility Coordinator can certify all the necessary arrangements have been made and the utility coordination is complete. An example of a Utility Certification with no exception is found in Chapter 4, Example 4.15.

The second section is for those cases where there is a missing utility relocation component such as an approved schedule or relocation commitment. A statement of risk to the project and proposed resolution is required and the exception presented to the Area Manager for approval and signature. An example of a Utility Certification with an Exception is found in Chapter 4, Example 4.16.

1.14 Permits

Every utility facility installation or relocation requires a permit for the utility company to work on or place their facility on the right of way. The Timing Letter issued to the utility owner gives the contact information for the permit writer.

Relocation Plans to Permit Specialist Once the relocation or installation plan has been reviewed and approved by ODOT staff, a copy of the plan and Timing Letter should be sent to the permit writer. This gives the permit writer the advantage of knowing a permit will be requested and they will have the approved plan and schedule. “X” Permit Documentation

http://www.oregon.gov/ODOT/HWY/ROW/docs/utility_forms/certification_utility_pse.doc



When it is necessary to perpetuate a utility’s rights in land occupied by its facilities and an easement cannot be conveyed, an “X” Permit can be issued. An “X” Permit is a regular ODOT permit that has been amended to provide for the State’s reimbursing the utility for any future relocation work required to accommodate highway construction, reconstruction or maintenance. An “X” Permit is issued to a utility owner that originally occupied a portion of the right of way and had a compensable interest or prior right to occupy said right of way and the existing easement rights were not purchased by the State. In order to issue an “X” Permit, the District must have documentation of the prior right. The RUS/Utility Coordinator has collected and validated the documentation as part of the reimbursable utility relocation process. The documentation along with approved relocation plan and timing agreement is submitted to the permit writer. The permit writer will use the documentation to support and describe the property rights and future relocation rights in special provisions attached to the permit.

1.15 Construction

Utility coordination during construction is covered in the ODOT Construction Manual Chapter 24. During construction the RUS/Utility Coordinator is a resource to the Construction Project Manager (PM) and staff to assist them in the process they need to follow if conflicts arise during construction or meeting the relocation agreements made during project development. Utility Preconstruction Meeting A separate Utility Preconstruction Meeting, between utility facility owners/representatives and the ODOT contractor, is required when Section 00182.42 is incorporated into the project special provisions. The purpose of the meeting is to allow the utility owners and contractor to discuss the utility facility relocation schedules which must occur during construction. The contractor must incorporate the notification and relocation schedules into their prime construction schedule that is presented to the ODOT construction staff prior to the project pre-construction meeting. The RUS/Utility Coordinator may be invited to this meeting and should be prepared to present the details agreed upon with the utility owners during the project development phase. One or more of the following pieces of information may be required:

1. Notification time frame when Contractor is ready for utility facility relocation work to commence.

2. Time frame to complete utility facility relocation work. 3. Coordinating work zone signing, flagging, and work areas. 4. Intermittent utility facility relocation work:

a. Notifications lead time. b. Response time. c. Time to complete relocations. d. Coordination with Contractor work force.

Change Orders and Contract Changes Change orders are inherent in construction. The change can cause utility facility conflicts not previously anticipated. It is the responsibility of the PM to follow through with the utility



facility owner to resolve the conflicts. The PM follows the Utility Manual sections on processing non-reimbursable or reimbursable conflicts. The PM may present the Change Order to the RUS/Utility Coordinator for input and concurrence. The RUS/Utility Coordinator should follow up any verbal communication with a written memo or email detailing the points discussed.

Claims A utility owner can be responsible to reimburse ODOT for additional costs incurred if they fail to relocate or adjust their facilities as agreed upon during project development. A detailed outline of the process is included in Section 24-5 of the ODOT Construction Manual.

1. The Contractor initiates the process by issuing a written notification to the PM. 2. The PM notifies the RUS/Utility Coordinator and issues a letter to the utility owner. 3. The utility owner is offered the opportunity to monitor and track the cost of the

impacted work along with the contractor and PM. 4. The PM requests an expenditure account be established to track administration

costs. 5. The PM works with the utility owner, RUS/Utility Coordinator, SUL, and Contractor

to resolve the issue. 6. The PM submits the settlement outcome and estimated cost liability to the SUL. 7. The SUL sends a letter of the settlement outcome and cost assessment to the utility

facility owner with a copy to the RUS/Utility Coordinator. 8. The SUL initiates billing process with Highway Program Office. 9. The Highway Program Office invoices and processes payments from the Utility.

Chapter 2 Checklists

INDEX

Checklist – Utility Relocation Process Workflow An overview to use throughout an entire project processing of utility relocations

Checklist – Reimbursable Utility Relocation Process A checklist to use for tracking the submittal, receipt from utility owner, and transmittal to State Utility Liaison for each utility on a project that has reimbursable relocations

Checklist – Non-Reimbursable Utility Relocation Process A checklist to use for tracking the submittal, receipt from utility owner, and transmittal to State Utility Liaison for each utility on a project that has reimbursable relocations

Checklist – Utility Relocation Process Workflow Page 21


Notes: Abbreviations used in this checklist Project Development Guide (PDG) Project Leader (PL) – Leads project team through development and design of in-house projects Project Manager (PM) – Liaison and project leader for outsourced projects Construction Project Manager (CPM) – Project Manager administering ODOT construction project Local Agency Liaison (LAL) – Leads project team and coordinates work performed for Local Agency Projects State Utility Liaison (SUL) – Maintains uniformity of State Utility Relocation Program for in-house, outsourced, and local agency projects. Region Utility Specialist/Utility Coordinator (RUS/UC) – The Utility Coordinator performs the duties of the RUS for outsourced and local agency projects.

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Activity Responsibility

Draft STIP and Prospectus Development (PDG Phase 1) Identify existing and proposed utilities within project limits Designer/ Surveyor Develop preliminary utility report Designer/ Surveyor Incorporate information and impacts into project scope and schedule PL/ Designer

Project Initiation Provide preliminary utility relocation (UR) budget RUS/UC Review and recommend utility relocation task schedule information RUS/UC / PL Represent utilities at project team meetings RUS/UC

Design Acceptance Call for “pre-survey” utility locates Survey Tie utility locates to project Survey Request utility facility maps w/ written request, include project footprint

map or description of project limits Survey

Compile and distribute utility maps or electronic files RUS/UC Reconcile information on utility maps with field survey Survey and RUS/UC Include existing utility information on base map Survey and Designer Develop preliminary conflict list and submit to RUS/UC Designer Identify R/W or easement needs for utilities RUS/UC Prepare & distribute Utility Report RUS/UC

Preliminary or Advance Plans Review ODOT preliminary and/or advance plans for utility information RUS/UC Verify conflicts and accuracy of utility information shown on the plans Utility, RUS/UC Request utility test-hole excavation from utility owners RUS/UC Record utility test-hole data Survey and/or Utility

http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml



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Incorporate utility test-hole data into base map Designer Revise preliminary conflict list from ODOT’s preliminary or advanced plans RUS/UC Prepare & distribute conflict lists, plan sheets with conflicts identified, and

conflict notification letters, or a Project Notification letter. Include Reimbursement Information Form (RIF) to any utility that may have reimbursable work.

RUS/UC

Provide specialty maps as needed to utilities RUS/UC Liaison between designer and technical specialists and utility owners to

confirm or resolve conflicts RUS/UC

Verify conflicts. Prepare and submit relocation plan and schedule. Utility Coordination for ODOT owned facility connections Designer Prepare and Submit Preliminary Special Provisions RUS/UC

Reimbursement Eligibility Identify reimbursable work, non-reimbursable work, upgrades, and

betterments Utility and RUS/UC

Submit Relocation Information Form (RIF) Utility Submit legal documents for utility facilities located on private property Utility Easements, deeds, rental agreements or Utility Estoppel affidavit or Prescriptive affidavit Utility Submit “Exhibit A” – explanation of estoppel and/or prescriptive

conditions Utility

Verify reimbursable work, non-reimbursable work, upgrades, and betterments. Determine cost splits

Utility Specialist

Prepare certification verifying utility eligibility status Utility Specialist Submit certification, RIF, and property rights affidavit using the Transmittal

Request Form (TRF) to State Utility Liaison (SUL) Utility Specialist

Reimbursable Utility Process Submit ongoing or project specific consultant agreements. (Design

consultant agreements should be submitted as early as possible and should not wait for the construction estimate to be developed before processing.)

Utility

Submit detailed estimate for reimbursement using ODOT format. Utility Review estimates and UR Budget RUS/UC Transmit preliminary engineering agreements and detailed estimates using

TRF to SUL RUS/UC



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Set up funding and expenditure account SUL Notice to Proceed for Design – required prior to beginning Preliminary

Engineering SUL

Provide written request to Utility Specialist for any utility work being added to ODOT’s contract – See Work Added to Contract section

Utility

Submit relocation plans, specifications and detailed estimate Utility

Review utility relocation plans RUS/UC, Designer, District and CPM

Field review utility plans – survey may be required to tie utility staking to design base map to verify relocation plan

RUS/UC, Survey, CPM

Approve utility relocation plans and schedule – See Permit Section

RUS/UC, other ODOT staff as required

Transmit detailed estimate and relocation plan using TRF to SUL RUS/UC Notice to Proceed with Advertising for Bid – required prior to contract

advertising SUL

Submit Construction Advertising and Bid Tabulations if contracting relocation work

Utility

Notice to Proceed with Construction – required to be eligible for reimbursement

SUL

Invite ODOT to utility preconstruction meetings (Optional) Utilities, RUS/UC Submit change orders for reimbursable work to ODOT for approval Utility Review and approve change orders for reimbursable RUS/UC and SUL Submit invoices with all appropriate documentation and invoices Utility Review & recommend payment of utility RUS/UC Obtain Area Manager approval for bills over $10,000 or when bill exceeds

UR budget RUS/UC

Transmit invoice and support documentation with Transmittal-Utility Payment Request Form

RUS/UC

Process bills for payment SUL

Non-reimbursable Utility Process Prepare utility relocation plans and schedule to resolve any conflicts not

being accommodated in ODOT’s plans Utility

Identify who will be doing the relocation work Utility Provide written request to Utility Specialist for any utility work being

added to ODOT’s contract – See Work Added to Contract section Utility



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Review utility relocation plans and schedule

RUS/UC, Designer, CPM, District

Field review utility plans – survey may be required to tie utility staking to design base map to verify relocation plan

RUS/UC, Survey, CPM

Approve utility relocation plans and schedule – See Permit Section RUS/UC

Work Added To Contract Agreement on work and fee deposits written SUL and Utility Plan Sheets and Special Provisions submitted for utility facility work not

covered under ODOT Standard Drawings and Standard Specifications Utility

Incorporate utility facility work into ODOT Contract documents

Designer, Specification Writer

Document quality and quantity of utility facility work CPM Office Reconcile final costs and initiate collection or refund of additional fees SUL

Permits Transmit approved utility facility relocation plans and schedule to District

Permit Specialist RUS/UC

Provide property right affidavits and certifications for facilities eligible for X-Permit

RUS/UC

Submit permit application for utility facility relocation and installation on State Right of Way

Utility

Approve application and generate permit

District Permit Specialist

Final Plans Review final plan set for any conflicts encountered by additional design

elements added after Preliminary Plans RUS/UC

Prepare and Transmit to Utility Owner a Conflict Letter and plan sheets covering additional conflicts

RUS/UC

Verify conflicts and submit revised relocation plan and schedule Utility Review and approve revised relocation plan and schedule RUS/UC, Designer, CPM Submit Timing Letter to Utility Owners, SUL, and Project Leader RUS/UC Prepare and Submit final Utility Special Provisions to Specification Writer RUS/UC Prepare and Submit Utility Certification to SUL and Project Leader RUS/UC

Construction Monitor Utility relocation work CPM Advise utilities of utility pre-preconstruction meetings CPM



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Hold utility pre-preconstruction meetings CPM & Contractor Invite utilities to ODOT preconstruction meetings CPM Review Contract Change Orders for Utility Conflicts CPM Prepare and submit conflict letter for change order work to Utility CPM Integrate Utility relocation schedule into Contract Change Order CPM Evaluate Contractor Notice to Claim for Utility Delay CPM, RUS, SUL Notify Utility of Contractor Delay Claim CPM Submit Claim settlement and cost to SUL CPM Notify Utility Owner of settlement and final cost of Claim SUL

Collection of Claim costs Highway Program Office



Utility: Project Name:

Highway: County:

Key Number: Notice to Proceed will not be issued by the State Utility Liaison unless information designated in bold italics has been received and approved.

Notice to Proceed must be obtained before moving to next step in order for costs to be eligible for reimbursement.

RUS/UC designates Region Utility Specialist or Utility Coordinator

Sent

Rece

ive

Subm

it


Establish Eligibility Conflict Letter with marked Plan Sheets and Conflict List RUS/UC Reimbursement Information Form (RIF) Utility Affidavit and Legal Documents showing Compensable Property Interest

and Reimbursement Eligibility Utility

Reimbursement Certification RUS/UC Preliminary Engineering

Utility Workforce Review and Confirm estimate submitted on RIF RUS/UC Notice to Proceed with Preliminary Engineering SUL Continuing Consultant Contract Obtain Copy of Contract from Utility Utility

RUS/UC Review Work Type and Costs RUS/UC

SUL Notice to Proceed with Preliminary Engineering SUL Consultant Agreement Submit Consultant Agreement

Detailed Scope of Work Estimated Cost of Services:

Salary Rates w/ Schedule, Overhead, Incidentals Rates to be Competitive

Agreed “Not to Exceed” Amount for Work Basis of Payment (cannot be % of Construction Cost) Retention of records for 5 Years for Auditing Purposes

Utility

Review and Recommend approval of Consultant Agreement RUS/UC Notice to Proceed with Preliminary Engineering SUL



Sent

Rece

ive

Subm

it Activity Responsibility

Plans, Specifications, & Estimate (PS&E) Submit Relocation Plan:

Relocations can be placed on ODOT Plan Sheets or Utility Drawings Utility

Drawings must contain: Scale, North Arrow Highway Project Name, County, and Highway No. Right of Way Lines, Centerline, Stationing Location, Type and Size of Existing Facilities Type of Facility to be Constructed:

• Size of Pipe, Conduit, Cable, etc. • Vertical depth for buried or roadway clearance for aerial • Material to be used (PVC, HDPE, Steel, etc.) • Joint Use information for trenches or poles • Distance from Centerline to the proposed longitudinal installation • Centerline Station for transverse installations

Review and Accept Relocation Plan RUS/UC, ODOT staff

Submit Construction Estimate Estimate in detail format using Utility Estimate Form or spreadsheet

with same format of item, unit, quantity, unit cost, and totals. Utility

Review and recommend approval of Estimate RUS/UC Verify Estimate costs against UR Budget RUS/UC Notice to Proceed with Construction if work is by Utility Work Force SUL OPTIONAL: Work Added to Contract Written request for relocation work to be added to ODOT Contract Utility Work agreement prepared to add work and establish fee deposits if

necessary SUL

Prepare plan sheets and specification for specialty work not covered by ODOT standard specifications and drawings Utility

Construction Contracting Submit Contract Documents and Bid Advertisement Utility Review and Recommend Approval RUS/UC Notice to Proceed with Advertisement for Bidding SUL Submit Bid Tabulations Utility Review and Recommend Approval RUS/UC Notice to Proceed with Construction SUL

Timing and Certification Prepare and transmit to utility the Timing Letter (Second Notification)

confirming the agreement on the relocation schedule. RUS/UC



Sent

Rece

ive

Subm

it Activity Responsibility

Transmit the Utility Certification to the Project Leader and SUL when all utility facility relocations have been confirmed, schedules established and before the PS&E for the project. NOTE: For those projects that do not have completed relocation plans and/or schedules, the Area Manager must complete the section of the Utility Certification approving an exception.

RUS/UC

Billing Materials on Hand Written request to order materials in advance of construction. Utility Notice to Proceed with Ordering Materials SUL Submit Invoice once Materials have been received and paid by Utility Utility Confirm Materials have been delivered and in secure storage RUS/UC Process Reimbursement Payment SUL Progress Payments Submit Invoice with attached support documentation

Support documents must include but is not limited to: Labor

• Employee, classification ,pay rate, date worked, hours per day • Summary by location of what or where the employee was

working Equipment

• Equipment description, rates, dates, and hours used Materials/Tools

• Description, price per unit, quantity, and total cost. Copies of invoices and supporting documents from vendors and

subcontractors Overhead/Additive rates

• All applicable overhead rates such as fringe benefits, general overhead, material storage rates, and any other additive rates considered as Indirect Costs.

Utility

Time Stamp and Date all Incoming Invoices and Documents RUS/UC Request any missing documentation in writing RUS/UC 10 Business Days to Review and Transmit recommendation for payment to

SUL once all documentation has been received. RUS/UC

Obtain Area Manager approval for all individual billings in excess of $10,000. RUS/UC Submit Utility Payment Request Form with all invoices and documents to

SUL RUS/UC

Process Reimbursement Payment SUL



Utility: Project Name:

Highway: County:

Key Number: RUS/UC designates Region Utility Specialist or Utility Coordinator

Sent

Rece

ived

Subm

itted


Conflict Identification Base Map with existing utility facilities Survey Project layout and preliminary conflict list Designer Project Notification Letter sent for those utilities not in conflict but within

the Project limits.

Conflict Letter with marked Plan Sheets and Conflict List – review preliminary conflict list, confirm conflicts, mark plan sheets with conflicts. RUS/UC

Notify ODOT of any mapping or conflict discrepancies or omissions Utility Verify Conflicts. Identify method of resolution – relocate, adjust, or protect. Utility

Conflict Resolution Request additional vertical and/or horizontal location of utility to verify

conflict. This step is used when additional potholing may be required by utility to confirm a conflict does or does not exist.

RUS/UC

Pothole (if required) to locate utility facility and provide horizontal and vertical information based on project stationing and elevations. Utility

Prepare utility relocation plans and schedule. Plans can be submitted on ODOT Plan Sheets or Utility drawings with the following required information: Scale, North Arrow Highway Project Name, County, and Highway No. Right of Way Lines, Centerline, Stationing Location, Type and Size of Existing Facilities Type of Facility to be Constructed:

• Size of Pipe, Conduit, Cable, etc. • Vertical depth for buried or roadway clearance for aerial • Material to be used (PVC, HDPE, Steel, etc.) • Joint Use information for trenches or poles • Offset from Centerline for longitudinal installations • Centerline Station for transverse installations

Utility

Stake Relocation Plan on project site. NOTE: For complex relocations this step may be requested by the RUS/UC. Utility

Review and approve or request modification of relocation plan. RUS/UC,



Sent

Rece

ived

Subm

itted


ODOT Staff

Relocation Schedule Develop relocation schedule – pre-construction or staged during

construction. Utility

OPTIONAL: Work Added to Contract Written request for relocation work to be added to ODOT Contract Utility Work agreement prepared to add work and establish fee deposits if

necessary. SUL

Prepare plan sheets and specification for specialty work not covered by ODOT standard specifications and drawings. Utility

Timing and Certification Prepare and transmit to utility the Timing Letter (Second Notification)

confirming the agreement on the relocation schedule. RUS/UC

Transmit the Utility Certification to the Project Leader and SUL when all utility facility relocations have been confirmed, schedules established and before the PS&E for the project. NOTE: For those projects that do not have completed relocation plans and/or schedules, the Area Manager must complete the section of the Utility Certification approving an exception.

RUS/UC


Chapter 3 Forms

Note: All of the forms for the Utility Relocation Program are found on the ODOT Utility Form Library. This section is for REFERENCE ONLY. Please go to the Form Library and get the most recent version to use on your projects.

INDEX INFORMATIONAL Contact List Conflict List REIMBURSABLE Conflict Letter Reimbursement Information Form (RIF) Reimbursement Certification Certificate of Estoppel Certificate of Prescription Utility Estimate and Billing Form Transmittal - Request Form Transmittal - Utility Payment Form Certificate of Materials Origin NON-REIMBURSABLE Project Notification Letter Conflict Letter Relocation Information Form PLANS, SPECIFICATIONS, & ESTIMATE (PS&E) Time Requirement Letter Final Plans to Utilities Utility Certification



Form Page 31


Contact List Project: __________________________________________________________ Key No.: ________________________________ EA #: ________________________________ Company Address City, State, Zip Name Phone Fax

(###) ###-#### ###-####

Form Page 32


Conflict List

Notes: The Designer creates a master list of all conflicts in a spreadsheet. The RUS creates a separate sheet in the spreadsheet workbook for each utility.

Utility:

Project Name:

Highway:

County:

Key #:

List of Existing Utility Conflicts Item Conflicting From: To: Distance R/W Sheet # Description of Utility Conflict No. Utility Line Sta. Line Sta. from CL Status Note #

1 2 3 4 5 6 7 8 9

10

Review the project plans and perform site visits to determine the exact impact to their facilities. The Utility is to notify the ODOT Utility Specialist of discrepancies or conflicts that are not listed. Buried conflicts may be resolved by providing accurate horizontal & vertical location information.

Forms - Reimbursable Page 33


Date

Utility Name Address City, State, Zip

Subject: Conflict Letter with Reimbursable Work Project Name: Highway: County: Key No.: Attention: Utility Contact Bids will be received for the above named project on Insert Let Date. Facilities owned by your company conflict with the construction of the project and should be relocated or adjusted before construction begins. Please refer to the enclosed preliminary plan sheet(s) that note and highlight the conflicting facilities. Facilities noted as “Potential Conflict” are assumed to be in conflict and are required to be relocated within the schedule listed below until further investigation can positively rule out the conflict. We ask your cooperation to further investigate any “Potential Conflicts” by having your company pothole the sites to determine the exact depth and horizontal location as soon as possible.

(choose one of the following paragraphs) The conflicting facilities are located on Public right-of-way and are eligible for reimbursement under the provisions of Oregon Revised Statutes, ORS 366.321. The State will reimburse your company in accordance with the provisions of 23 CFR 645A (Code of Federal Regulations), which can be viewed at the following web site: www.fhwa.dot.gov/reports/utilguid/

The City facilities are located on State highway routed over a City street and are eligible for reimbursement under ORS 373.020. The State will reimburse the City in accordance with the provisions of 23 CFR 645A (Code of Federal Regulations), which can be viewed at the following web site: www.fhwa.dot.gov/reports/utilguid/

The conflicting facilities are located on private property, therefore, your company will be reimbursed for the cost of relocating those facilities shown to have a compensable property right. Your company must provide written evidence, such as fee title, easements, service agreements, and prescription or estoppel affidavits, to verify eligibility for reimbursement. Reimbursement will be in accordance with the provisions of 23 CFR 645A (Code of Federal Regulations), which can be viewed at the following web site: www.fhwa.dot.gov/reports/utilguid/

The conflicting facilities are located on both public right of way and private property. Your company will be reimbursed for the cost of relocating those facilities shown to have a compensable property right, or prior rights. Your company must provide evidence, such as easements, fee title, “X”-Permit, service agreement, prescription or estoppel affidavits, etc., to verify the your company’s eligibility for reimbursement. Reimbursement will be in accordance with the

http://www.fhwa.dot.gov/reports/utilguid/



Forms – Reimbursable Page 34


provisions of 23 CFR 645A (Code of Federal Regulations), which can be viewed at the following web site: www.fhwa.dot.gov/reports/utilguid/ The enclosed plans represent the complete mapping of your facilities, both locatable and un-locatable underground facilities, as provided by your company in accordance with OAR 952-01-80. You must review the mapping of your facilities on the enclosed plans for completeness and accuracy and contact me immediately for corrections to errors or omissions. If errors or omissions are discovered during construction, your company may be held responsible for delay claims that are caused by your company’s failure to notify ODOT of errors or omissions. The conflicting facilities must be completely relocated or adjusted by (enter let date or other acceptable date), so as not to delay the construction of the project. If your company can not comply with the above completion date, you must contact me immediately and obtain written agreement on a revised relocation schedule. No changes can be made to the relocation schedule after (enter date). The relocation schedule will be specified in the project contract documents and your company will be responsible to meet the schedule. Your company may be held responsible for delay claims that are caused by your company’s failure to meet the specified relocation schedule(s). Preliminary Engineering and/or construction work cannot be started until you receive written authorization to proceed. Your company is required to complete the attached Reimbursement Information Form (RIF) as a part of the agreement process for reimbursement. The form must be approved prior to starting any preliminary engineering work. You will receive a written “Notice to Proceed” only after the RIF has been approved. The RIF is needed to establish a budget and obtain funding, and to understand the necessary approvals and processes for accomplishing the work based on the methods declared by your company. When completing the RIF, it should be understood that the budget estimate is not an engineering estimate, but only a “ball-park” guess that should cover the worst case cost for the relocation. Prior approval is not required for preliminary coordination and engineering work needed to determine the full extent of conflicts, or to complete the Reimbursement Information Form. The completed Reimbursement Information Form should be sent to Utility Specialist at Address, and telephone Phone Number. The RIF can also be sent electronically to: email address or by Fax: Fax Number. For questions regarding this notification and its requirements, please call me at: Phone Number. Sincerely,

Senders Name Attachment Plans Sheet(s) ##. Conflict List Reimbursement Information Form Cc Email: xxx, Project Leader xxx, State Utility Engineer




OREGON DEPARTMENT OF TRANSPORTATION

REIMBURSEMENT INFORMATION FORM (RIF)

Utility Owner: Project Name: ODOT Key No.: This form is to be used when a utility facility has been determined to be in conflict with an Oregon Department of Transportation’s (ODOT) highway project and the resulting relocation/adjustment qualifies for utility reimbursement. The Utility owner is to provide an estimated cost for relocation. Approval by ODOT is required prior to beginning any Preliminary Engineering or Construction work. 1. Preliminary Engineering, in a “budgeted” estimate of $____________ will be accomplished by:

Utility Forces: (obtain State authorization prior to proceeding with design work) Engineering Consultant through: (agreement with consultant must be approved by ODOT prior to starting PE work. As a minimum:

rate schedule and work scope required for <$10,000, detailed scope of work and estimate required >$10,000) New Engineering Contract Continuing Agreement

ODOT: (Utility to prepare written request and obtain acceptance by ODOT) 2. Construction, in a “budgeted” estimate of $________________ will be accomplished by:

Utility forces: (written approval must be obtained before starting work) Competitive Contract: (written approval of PS&E must be obtained prior to advertisement of project. Approval of selection of lowest

qualified bidder is required prior to award of contract) ODOT Contractor: (Utility supplies PS&E docs and request to add work. Agreement required if non-reimbursable work is included) Contractor with Continuing Agreement (agreement with contractor must be approved by ODOT prior to starting construction)

3. Betterment:

This work (will ) (will not ) result in a betterment to the company’s system. Betterments are upgrades or increases in functional capacity not attributable to the highway construction project. If a betterment will result, a detailed cost split must be shown in the estimate.

4. Accrued Depreciation:

This work (does )(does not ) affect a complete and independent unit of our system, such as a building, plant, station, etc. If so, a calculation for the credit to ODOT needs to be shown in the estimate. To calculate the Accrued Depreciation use the following equation; Expired Service Life of the Original Facility x (Original Cost) = Amt of Credit Estimated Service Life of Original Facility

5. Submitted Billing will be based on Actual Cost Basis in accordance with 23 CFR 645.117

All reimbursements must be based on actual invoiced expenditures. When actual expenditures exceed the estimated cost by 10%, a written explanation will be submitted for approval. To determine the amount of reimbursement, ODOT will apply a percentage based on the reimbursable expenditure to total costs of the utility relocation. All such records will be retained by the utility for a period of not less than five (5) years from the date of final payment and will be subject to audit by representatives of the State and Federal Government.

The parties signing below understand and acknowledge that all reimbursable utility relocation work must have written ODOT authorization (Notice to Proceed) prior to starting any reimbursable work. Estimates and bills must conform to 23CFR 645A (Code of Federal Regulations), state law, administrative rules, regulations and state



relocation policy. In accordance with 23CFR 645A, final billings will be submitted within one-year following completion of the utility relocation work. If the final bill has not been received within this one-year period, ODOT will consider the work completed and no future billing will be accepted.

Authorized Utility Representative:

___________________________________ (Print Name, title, and Phone Number) Signature of Authorized Company Representative: Date:

___________________________________ (Mailing Address)

___________________________________ (City, State, Zip) email address:



Reimbursement Certification Form

PROJECT NAME:

ODOT KEY NO.:

I, (name of ODOT representative), am the (position title), for the (company name). I have field inspected the utility facilities to be relocated or adjusted on the above captioned project. From this field inspection, I have determined to the best of my ability, that such utility facilities owned by (utility company name), to be relocated or adjusted for which we are requesting reimbursement, are located as follows: % on private property by easement or service agreement % on City Street right-of-way % on County Road right-of-way % on State Highway right-of-way % on State Hwy Routed over City Street Reimbursement is requested on the following basis:

Private property by right of: easement, prescription, estoppel, Private property by right of: service agreement City facility located on City Street right of way City facility located on State Hwy routed over City Street (Per ORS 373.020) Utility facility located on State Highway right of way by “X” Permit. “X” Permit No.________ State Park Utility facility located on State Highway right of way prior to May 20, 1980. Pursuant to the provisions of ORS 366.321 as described below:

State highway project where municipal corporation, district or authority

established under ORS 264, 450, 451, 523 or 545 is located in or on public right of way, other than state highway. Utility is established under ORS ___________.

(Chapter No.) Municipal corporation, district or authority established under ORS 264, 450, 451,

523 or 545, originally located in or on state highway right of way prior to becoming state highway, and without a permit.

State Highway No.________ established on:___________ (Hwy No.) (Date) Utility established under ORS ___________ and originally installed on:___________ (Chapter No.) (Date) (Signature) (Printed Name & Title) (Date)



Estoppel Form DATE: _____________________________________ SECTION: _______________________________ STATE of OREGON HIGHWAY: _______________________________ COUNTY: _______________________________ KEY NO.: ____________ I, , ,______________ (Name) (Title) (Company)

__________, being first sworn on oath, depose and say the attached list of utility facilities must

be relocated or adjusted for the above mentioned project. These facilities were placed on

private property __________________ with the permission of the fee owner of the property. (Date) The said facilities have been observable by, or, if not observable, all subsequent owners of said private property have made no objection. The facilities were installed and have subsequently been operated and maintained as more fully explained in Exhibit “A”, attached hereto and by reference made a part hereto. (See attached explanation of information needed.) Because of the monies expended on the installation of the facilities, the permission of the fee owner at the time of installation, the owner’s subsequent consent thereto, and the above facts, my company, _____________ claims an estoppel easement of said facilities. (Company) Utility Representative Signature Position with Utility Sworn to and subscribed before me this day of , 20__ . Notary’s Signature

Notary Public for the State of Oregon My commission expires:



Exhibit “A”

UTILITY: DATE: SECTION: HIGHWAY: COUNTY:

Type of Facility covered by exhibit: Provide facts and circumstances surrounding the initial installation. Include size, type and quantity of facilities. Use additional paper if needed. Why was no written easement acquired or required at the time of installation? How long have the facilities been there? Does property owner know of the facility’s existence and location? Did original property owner see the installation? Do facilities show above ground and are they readily observable on land? Provide any other facts you may have pertaining to the installation and maintenance of the facilities.



Prescription Form DATE: SECTION: STATE of OREGON HIGHWAY: COUNTY: KEY NO.: I, , ,____________________ (name) (title) (company)

, being first sworn on oath, depose and say the attached list of utility facilities must be relocated or adjusted for the above mentioned project. These facilities are located on private property and a search of the records of _________________________________ does not (Name or source of records) disclose any recorded or unrecorded easement for said facilities. I further depose and say that said facilities are in existence and are located on private property outside of public right-of-way. The said facilities were installed on said private property on _____________________. The facilities were installed and have been continuously operated (date)

and maintained on the said private property openly and adversely to the rights of the fee owner. The facilities were installed and have subsequently been operated and maintained as more fully explained in Exhibit “A”, attached hereto and by reference made a part hereto. (See attached explanation of information needed.) having continuously operated and maintained said facilities on (company) said private property openly and adversely to the rights of the fee owner for more than 10 years, claims an easement by prescription for the continued operation and maintenance of said facilities as they are now located. Utility Representative Signature Position with Utility Sworn to and subscribed before me this day of , 20 . Notary’s Signature Notary Public for the State of Oregon

My commission expires: ______________



Exhibit “A” UTILITY: DATE: SECTION: HIGHWAY: COUNTY: Type of Facility covered by exhibit: Provide facts and circumstances surrounding the initial installation. Include size, type and quantity of facilities. Use additional paper if needed. Why was no written easement acquired or required at the time of installation? How long have the facilities been there? Does property owner know of the facility’s existence and location? Did original property owner see the installation? Do facilities show above ground and are they readily observable on land? Provide any other facts you may have pertaining to the installation and maintenance of the facilities.



Note: All reimbursable utility relocation work must have prior ODOT authorization before work is started. Verbal authorizations may be obtained in emergencies. Bills must conform with, and are limited by, 23CFR 645A (Code of Federal Regulations) and by state law, administrative rules and regulations and state relocation policy. All inquiries, correspondence, and billings must reference the Project Section name, Highway and County. This form can be used for estimate and billing per the procedures outlined in the ODOT Utility Manual Sections 10.340(2) and 10.400. Use of this form is optional, however, the applicable information contained in it must accompany the invoice to ODOT.

Utility:

Project Name:

Key #:

A Preliminary Engineering Costs Unit Quantity Unit Cost Cost Total 1 Labor (Itemize in detail): Payroll Additives: 2 Overhead (Itemize in detail): 3 Equipment (Itemize in detail): 4 Right-of-Way Costs R/w Description(Itemize in detail): 5 Other (Itemize in detail): Subtotal Section A $ B Construction Costs Unit Quantity Unit Cost Cost Total 1 Labor (Itemize in detail): Payroll Additives:



B Construction Costs - Continued Unit Quantity Unit Cost Cost Total 2 Materials (Itemize in detail): 3 Overhead (identify method used to determine the rate): 4. Equipment (method used to determine the rate and itemize): 5. Other (Itemize in detail): Subtotal Section B $ C Removal Costs Unit Quantity Unit Cost Cost Total 1. Labor (Itemize in detail): 2. Payroll Additives: 3. Equipment (method used to determine the rate and itemize): 4. Salvage Value(identify method used to determine the rate and Itemize): Subtotal Section C $ D Total Costs Total Reimbursable from Section A, B, and C $ Non-Reimbursable from Section A, B, and C $ Total Relocation Work $



TRANSMITTAL REQUEST FORM

Original Date:

Dates Revised:

Project Key Number:

Utility:

TO: Heather Howe, State Utility Liaison Oregon Department of Transportation

FROM:

REQUEST APPROVAL FOR:

UTILITY LET CONTRACTS:

PE Consultant Agreement Approval PS&E Approval Prior To Advertise Contract Award Concurrence Contract Change Order (CCO) Other:

WORK BY UTILITY FORCES: PE/Const Authorization Construction Authorization CCO:

CONSTRUCTION BY ODOT:

PS&E Approval for work included in ODOT contract (Include Terms for Partial Reimbursement) Contract Change Order Approval:

FUNDING HAS BEEN SECURED FOR A STIP “UTILITY PHASE” AS FOLLOWS:

TOTAL STIP “UR” PHASE DOLLARS ALLOCATED: $

* REQUEST PROGRAMMING OF FUNDS TO EXPEDITE UTILITY AUTHORIZATION ***** JUSTIFY REQUEST BELOW *****

* Authorization will take between 3-4 weeks for full federal oversight projects. Otherwise, authorization will require 1-2 weeks.

BRIEF DESCRIPTION OF APPROVAL REQUEST:

SEND APPROVAL TO (Company name, contact, address, telephone number and e-mail address):

SEND COPIES TO (Company name, contact, address, telephone number and e-mail address) :

ATTACHMENTS:

Reimbursement Information Form Utility Estimate Relocation Plan or Sketch

Reimbursement Certification Form Easement Document Prescription Form

Estoppel Form Conflict Notification Letter Conflict List or Conflict Plan Sheet

Certification of Consultant Draft Consultant PE Agreement PS&E Docs

Bid Tabulation Bidders Plans and Specs Contract Change Order

Other:



STATE OF OREGON INTEROFFICE MEMO Department of Transportation

To: Heather Howe Date: State Utility Liaison From: RE: Utility Billing Approval (Project) Key: Utility EA: Enclosed is an invoice from (Utility Company Name) in the (revised) amount of: $ XX,XXX.XX Previous Billings: $ XX.XX Total to Date: $ XX,XXX.XX Funding Authorization for (Utility Company Name): $ XX,XXX.XX Total UR STIP Authorization $ XX,XXX.XX Total UR STIP Expenditures to date include above invoice $ XX,XXX.XX (Provide explanation, in this space, if the total bill exceeds the amount authorized by 10%. The utility must provide a written explanation for the additional costs.) This work was accomplished under an Actual Cost agreement. This is a (final bill; progressive Bill No. ##). RECOMMENDATION FOR PAYMENT Based upon my review of the billing, I certify that the costs reflect actual expenditures to date and the work performed and materials incorporated into the project substantially conform to the agreement, contract plans, and estimate. Payment is recommended and requested. Reviewed and recommended for payment by: By:___________________________________________ _____________________ Region Utility Specialist Date: By:___________________________________________ _____________________ Area Manager for billings > $10,000 Date: By:____________________________________________ _____________________ State Utility Liaison Date:



CONTRACT NO.

NAME:TITLE:

SIGNATURE:

DATE:Submit a new certificate for subsequent shipments if any of the above information changes.

AUTHORIZED REPRESENTATIVE* COMPANY* NAME AND ADDRESS:

*May be Contractor, Sub-Contractor or supplier

I declare under penalty of perjury under Oregon and Federal laws that the foregoing is true and correct.

This certification is made for the purpose of establishing materials acceptance under the Contract Special Provisions titled 00160.20(a) Buy America. All iron or steel manufacturing processes, including protective coatings, for the domestic material Manufacturers' certificates verifying the origin of the above described domestic materials will be kept on file for three years following final payment. Copies will be furnished to the Engineer upon request.

FOREIGN MATERIALS (OR OF UNKNOWN ORIGIN) DESCRIPTION AND VALUE OF IRON OR STEEL PRODUCT AS IT IS DELIVERED TO THE PROJECT

DOMESTIC MATERIALS DESCRIPTION

FOREIGN MATERIALS SOURCE INCLUDING MATERIAL OF UNKNOWN ORIGIN (NAME AND ADDRESS)

DOMESTIC MATERIALS SOURCE (NAME AND ADDRESS)

PROJECT NAME (SECTION)

BID ITEM NO. BID ITEM NAME

CERTIFICATE OF MATERIALS ORIGIN

Forms – Non-Reimbursable Page 47


Date Utility Name Address City, State, Zip

Subject: Project Notification

Project Name Highway County Key No.:

Attention: Utility Contact

Project Description The ODOT project is located on Highway xxx <Fill in Project Description>. The construction elements for the project will include; Paving, Grading, Drainage, Pavement Marking, Illumination, Signal & Signing. Based on ODOT’s plan review and utility locates, ODOT has determined that there are no anticipated utility conflicts with your facilities. Your system is within the limits of the project and the contract needs a representative contact for the contractor in case a utility issue is discovered during construction. I have included your name and phone number in the contract specification as the utility contact for construction issues that may arise. Plan Review The enclosed plans represent the complete mapping of your facilities from utility locates and survey, both locatable and un-locatable underground facilities, as provided by your organization in accordance with OAR 952-01-80. Please review the mapping of your facilities on the enclosed plans for completeness and accuracy and contact me immediately for corrections to errors or omissions. <Or.> <The typical utility notification process in accordance with OAR 952-01-80 requires utility locates followed by a field survey, utility locates were not performed for this project. Per OAR 952-01-80 utility locates were deemed exempt per OAR 952-001-0050 (2) (a) “The excavation is less than twelve (12) inches in depth.” >



If errors or omissions are discovered during construction, your organization may be held responsible for delay claims that are caused by your organization’s failure to notify ODOT of errors or omissions. Any facilities located on State highway right of way are assumed to be installed by permission of ODOT under the provisions of OAR 734-055. ODOT Project Resources For questions regarding this notification and its requirements, please call me at: (XXX) XXX-XXXX. My work address is:

<Utility Specialist Name> <Street Address>. <City Oregon 97xxx>

Please include the project name and Key #<XXXXX> in all correspondence. <Project Name>. <Key No. XXXXX>

Sincerely,

_________________________

Senders Name Attachment Plans Sheet(s) ## Relocation Information Form. Cc Emailed: XXX, Project Leader XXX. State Utility Liaison



Date Utility Name Address City, State, Zip Subject: Conflict Letter with Non-Reimbursable Work Project Name Highway County Key No.: Attention: Utility Contact Bids will be received for the above named project on (insert let date). Facilities owned by your company conflict with the construction of the project and should be relocated or adjusted before construction begins. Please refer to the enclosed preliminary plan sheet(s) that note and highlight the conflicting facilities. Facilities noted as “Potential Conflict” are assumed to be in conflict and are required to be relocated within the schedule listed below until further investigation by your company can positively rule out the conflict. We ask your cooperation to further investigate any “Potential Conflicts” by having your company pothole the sites to determine the exact depth and horizontal location as soon as possible.

(choose one of the following paragraphs) For use with Non-Municipal Utilities ONLY and NOT on State hwy ROW: The conflicting facilities are located on Public right of way and are assumed to be located by permission of public road authority and not eligible for reimbursement under the provisions of 23 CFR 645A (Code of Federal Regulations), which can be viewed at the following web site: www.fhwa.dot.gov/reports/utilguid/ . If you feel your facilities have prior rights which qualify for reimbursement, you will need to provide evidence of your prior rights, such as an easement or special franchise agreement, and written authorization, before doing any relocation work. You are hereby requested to provide your estimated time requirements to relocate your facilities within 30 days. For use with all utilities located on State Hwy ROW: The conflicting facilities are located on State highway right of way and are assumed to be located by permission of ODOT under the provisions of OAR 734-055. It is further assumed




your facilities are located by permission of a standard permit and therefore not eligible for reimbursement under the provisions of OAR 734-055-0045. If you believe the relocation of your facilities are compensable because of some prior right, you must provide evidence of the prior right such as an easement, “X” permit, or information described under ORS 366.321, and receive written authorization before doing any relocation work. You are hereby directed to provide your estimated time requirements to relocate your facilities within (insert time of days) days. This letter serves as the “written notice” in accordance with OAR 734-055-045(2) which requires your company to respond within the time frame contained in this notice. The enclosed plans represent the complete mapping of your facilities, both locatable and un-locatable underground facilities, as provided by your company in accordance with OAR 952-01-80. You must review the mapping of your facilities on the enclosed plans for completeness and accuracy and contact me immediately for corrections to errors or omissions. If errors or omissions are discovered during construction, your company may be held responsible for delay claims that are caused by your company’s failure to notify ODOT of errors or omissions. The conflicting facilities must be completely relocated or adjusted by enter let date or other acceptable date, so as not to delay the construction of the project. If your company can not comply with the above completion date, you must contact me immediately and obtain written agreement on a revised relocation schedule. No changes can be made to the relocation schedule after enter date. The relocation schedule will be specified in the project contract documents and your company will be responsible to meet the schedule. Your company may be held responsible for delay claims that are caused by your company’s failure to meet the specified relocation schedule(s). For questions regarding this notification and its requirements, please call me at: Phone Number Sincerely, Senders Name Attachment Plans Sheet(s) ## Relocation Information Form. Cc Emailed: XXX, Project Leader XXX. State Utility Liaison



Utility Relocation Information Sheet

Project Name: Council Cr. – Quince St. Key#: 04364 Utility: Bonneville Power Administration PO Box 3621 TSRF-3 Portland, OR 97232 Contact Name & Phone No.: Neal Meisner, (503) 230-3263 (Person the contractor will contact.)

Conflicts: (Type of conflict. Overhead power lines, poles, risers, meters, valves, manholes. Be Brief)

Estimated Time needed for completion of utility work: Is any delay to construction anticipated due to the utility’s relocation work?: (If yes, explain why the highway contractor will not be able to work while the utility work is being performed. Include an estimate of the time the contractor will be unable to work.) Are there any staging requirements?: (For example: Work to be completed after ROW is cleared, relocation to be done after structure or detour is completed.) Notice required by utility before start of construction: (Number of days or weeks the contractor should notify the utility contact prior to the start of construction)

Forms – Plans, Specifications, Estimate (PS&E) Page 52


Date Utility Name Address City, State, Zip Subject: RELOCATION TIME REQUIREMENTS Project Name Beltline Highway Lane County Key: Dear Utility Contact: Pursuant to the provisions of Paragraph 734-55-045 (2) of the Oregon Administrative Rules, Chapter 734, Division 55, you have advised the Oregon Department of Transportation, (in writing, verbally), that your relocation/adjustment work will be completed as listed below: RELOCATION WORK: Utility Name will relocate and adjust 12” water line running on south side of Roosevelt Avenue prior to construction. Utility Name will install vacant water lines crossing on Royal and Roosevelt Avenues prior to construction. RELOCATION COMPLETION: All work performed by Utility Name water construction crews shall be completed no later than MM/DD/YYYY. YOU ARE DIRECTED TO PROCEED with the above work at any time so long as the required ODOT permit to occupy highway right-of-way has been granted. An ODOT Permit may be necessary, depending on your plan for relocation. Upon approval of your relocation plan by me, contact Name, ODOT District Permit Specialist in Astoria, at (503) 325-7222, to begin your permit application process. It is your obligation to apply for the necessary permit in advance of the work to be performed, in order to meet the above completion time commitment. YOU ARE DIRECTED TO CONTACT the Project Manager , or Assistant Project Manager, , at telephone no.Phone Number, before entering on any newly acquired right-of-way to commence your utility relocation. He can advise you as to any property on which the state does not yet have a legal right of entry. Contact Mr. to schedule an on-site meeting to review and approve your field staking. This step shall ensure that your relocated facility will accommodate the proposed project construction. With this same call, you may request to have ODOT provide reference staking or marks, to assist your field staking activity. If you fail to meet the time requirement specified above, you will be subject to the provisions of OAR 734-55-045 (6). A copy of this Oregon Administrative Rule subsection is enclosed for your information. The complete Oregon Administrative Rule, Chapter 734, Division 55, along with

Forms – PS&E Page 53


federal and state laws, rules, regulations and policies pertaining to utility relocations and reimbursement, are located at ODOT’s Railroad and Utility Website on the Internet at: http://www.oregon.gov/ODOT/HWY/ROW/utility_resource.shtml If the time requirements stated above are incorrect, please give me a call at Phone Number as soon as possible, so that I may address your concern and make a revision, if possible. This notice fulfills the requirements of OAR paragraph 734-55-045 (4). Thank you for your cooperation. Cordially, Region Utility Specialist cc: by Electronic Mail to: Heather Howe, State Utility Liaison XXX, Project Leader XXX, District Permit Specialist XXX, Project Manager

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



Date Utility Name FINAL PLANS Utility Name Project Name Utility Name Highway Utility Name County Utility Name Key # Utility Name Enclosed are the complete final construction plans for the above project. The present tentative schedule calls for opening of bids on Date. Please review this plan for changes from the plan sent to you previously. If you have facilities in conflict, these changes should be reflected in your relocation plans. ODOT has accepted your relocation time requirements, as stated in a letter sent to you entitled “Relocation Time Requirements” by Name, Region Utility Specialist. These time requirements have been inserted into our project specifications/bid documents. Contractors bidding on this project will base their prices, in part, on your time needs. If situations occur whereby your relocation work will not meet your time commitment, the contractor may claim damages due to utility delays. The claim settlement made to the contractor and all other associated costs incurred by ODOT, due to the utility’s failure to meet established time commitments, shall be passed on to the involved utility(ies), pursuant to OAR 734-55-045 (6) and ODOT policy. If there are any errors or omissions regarding the location of your facilities on our plan sheets, please make the corrections and return a copy of the plan sheets to me, as soon as possible. Sincerely, RUS Name Region Utility Specialist Letter and enclosure sent to: Name (Utility Name), Name (Utility Name), Name (Utility Name), Name (Utility Name), and Name (Utility Name), Letter only, enclosure hand delivered earlier to: Name (Utility Name), cc w/ encl.: Name (Utility Name), (2 copies of plans)



STATE OF OREGON DEPARTMENT OF TRANSPORTATION

Utility Certification Date: To: Heather Howe State Utility Liaison Project: Key No: This is to certify that for this project based on plans dated _____________, all utility work has been completed or that all necessary arrangements have been made for it to be undertaken and completed as required for proper coordination with the physical construction schedule. Appropriate notification identifying all utility relocation work together with status of/or schedule for completion for each utility company involved within the limits of this project has been made a part of the special provisions. The following utilities are in the project limits and will be adjusting, relocating, or installing facilities, before, during, or after, construction. Relocation time requirements for these utilities are attached to this Certification. The following utilities are within the project limits but no conflicts are anticipated. Utility Certification: _____________________________________Region Utility Specialist Print Name: UTILITY EXCEPTIONS (Provide a Public Interest Finding below, for approval by the Area Manager) Example: The following Utilities have been appropriately notified of the project and the impacts to their facilities, however, a written schedule for their relocation has not been obtained. A utility schedule has been included in the contract special provisions however, without approval from the utility. An approved schedule will be obtained from the utility(s) listed below and any modification will be presented at the Pre-Construction meeting. Utility Certification - Exception: ____________________________, Area Manager Print Name:


Chapter 4 Examples

INDEX

4.1 - SharePoint Directory 4.2 - Utility Impact Assessment 4.3 - Simple Utility Report 4.4 - Complex Utility Report 4.5 - OUNC Locate Ticket 4.6 – Research and Determine Cost Split 4.7 – Project Notification Letter 4.8 - Conflict Letter - Non-Reimbursable 4.9 - Conflict List 4.10 - Utility Relocation Information Sheet 4.11 - Plan Sheet - Marked up for Utility 4.12 - Plan Sheet - Utility Relocation Plan 4.13 - Timing Letter 4.14 - Specifications 4.15 - Utility Certification with No Exceptions 4.16 - Utility Certification with Exceptions 4.17 - Circuit Rider Report 4.18 – Irrigation Agreement 4.19 – Certificate of Materials Origin 4.20 – Certificate of Materials Origin fact sheet

Examples Page 54


Example 4.1 – SharePoint Utility Directory

Examples Page 55


Example 4.2 – Utility Impact Assessment

UTILITY REPORT (October 2010)

US 97 Bend North Corridor Solutions The Dalles – California Highway

Deschutes County Key 14,020

The Oregon Department of Transportation (ODOT) and Federal Highway Administration (FHWA) propose to improve a segment of US 97 in Deschutes County, Oregon between the Deschutes Market Road/Tumalo Junction interchange and the Empire Avenue Interchange. An approximate five-mile corridor has been identified as an area of potential impact for purposes of environmental impact review.

The purpose of this report is to describe the existing utilities, discuss and quantify the adverse and beneficial impacts the project alternatives would have on utilities that are known to exist within the limits of the proposed project. The information contained in this technical report will be the basis for the technical analysis documented in the project’s environmental impact statement (EIS).

At this time, utilities have not been verified by actual field survey. Utility locations should be considered approximate and have been determined from the use of aerial photography, ODOT permits and facility maps provided by the utility. Underground utility depths are unknown at this time and the proposed project excavation limits and depths are not considered final. The following utilities have facilities identified within the project area being considered. They should be kept advised of the status of the project and furnished with project plans.

1. Avion Water Company, 60813 Parrell Road, Bend, OR 97702 Mr. Mark Kerns, Service Manager (541) 382-5342

2. Bend BroadBand 63090 Sherman Road, Bend, OR 97701 Mr. Jeff Liberty, Construction Engineering Manager (541) 312-6449

3. Cascade Natural Gas, PO Box 5399, Bend, OR 97708 Ms. Donna Dunlap, Regional Field Manager (541) 429-2848

4. Central Electric Cooperative, PO Box 846, Redmond, OR 97756 Mr. Bruce Hunt, Staking Engineer Supervisor (541) 312-7744

5. Central Oregon Irrigation District, 1055 SW Lake Court, Redmond, OR 97756 Mr. Steve Johnson, Manager (541) 548-6047

6. City of Bend, 745 NW Wall Street, Bend. OR 97701 Mr. Chris Brelje, (541) 317-3031 (Water)

Part 1 – Utility Owner and Contact

Examples Page 56


Mr. David Lee, (541) 322-6332 (Wastewater) 7. Level (3) Communications, 1335 NW Northrup Street, Portland, OR 97209

Mr. James Crooker, OSP Manager (503) 553-4918 8. Long Butte Water Company, 63595 O. B. Riley Road, Bend, OR 97701

Mr. Patrick Hodge, Owner (541) 382-0822 9. Pacific Power, 328 Webster Avenue, Bend, OR 97701

Mr. Chuck Phinney, Journeyman Estimator (541) 480-8397 10. Quantum Communications, PO Box 1748, Redmond, OR 97756

Mr. Scott Church, Director of Engineering and Operations (541) 923-5599 11. QWEST Communications, Inc., 100 NW Kearney Avenue, Bend, OR 97701

Mr. Joe Dairy, Senior Design Engineer (541) 385-0221 12. Swalley Irrigation District, 64672 Cook Avenue, Bend, OR 97701

Ms. Suzanne Butterfield, Manager (541) 388-0658 Summary Only significant utility impacts were analyzed and evaluated for the East DS-1 and East DS-2 alternatives. For either build alternative overall utility impacts are very similar in magnitude and the necessary timelines for relocation. Estimated reimbursable utility relocation costs to be paid by ODOT range from $4,639,000 to as high as $10,558,000. Estimated utility company relocation costs range from $4,266,000 to $5,847,000. The single major design element for determining the magnitude of significant utility impacts is whether Cooley Road goes over US 97 and the railroad or underneath. Taking Cooley Road over US 97 and the railroad would impact the high voltage transmission lines and the high speed fiber cable of Bend Broadband while minimizing the impacts to buried facilities. Taking Cooley Road under US 97 will cause significant relocation of domestic water, sanitary sewer, gas, cable television and a major fiber-optic telecommunications duct system. Impacts to the Swalley Irrigation District Main Canal pipe crossing of Cooley Road should be avoided anyway possible. In most situations the existing utility facilities are located within the existing public road right-of ways. Utilities forced from private easements will require replacement right-of-way. It is recommended that when ODOT draws up project boundaries for acquiring new roadway right-of-way, that slope/utility easements, as necessary to accommodate all utility relocations, are also acquired. A minimum 15-foot wide easement is recommended. Wider easements at isolated areas, to accommodate electrical transmission poles or irrigation facilities may be necessary. Too small of right of ways will add additional expense in relocating aerial transmission poles by causing steel poles to be used because of the lack of space needed for down guying wooden poles.

Examples Page 57


Conflicts relating to fiber-optic communication cables require relocating or replacing long lengths of fiber cable between established splice points often times well beyond the project limits. Due to the nature of the impacted facilities, most utility design time needs are estimated to be lengthy, taking up to fifteen months after Preliminary (70 percent) Plans are delivered to the utility, before actual utility construction can begin. Utility construction time needs are approximately 4 to 6 months after ODOT secures all involved new right-of-way. The project design elements that need to be considered in order to minimize or avoid impacts to utilities are:

1.) Type, size and location bridge drawing for any bridge or piped irrigation crossing locations.

2.) Locations for Drainage Swales and Storm Water Treatment facilities. 3.) Traffic Signal, Illumination and Sign Bridge foundations. 4.) Vertical and horizontal roadway alignments along with overall typical section. 5.) ROW acquisition and needs.

Utility Impacts and Key Points for each Utility: 2. Avion Water Company has the following domestic water facilities located within the

project area that are likely to be affected by both alternatives:

• A 12-inch water main running east – west along Cooley Road between Ranch Village Drive and Hunnell Road, within Cooley Road right of way.

• A 12-inch water main is located in Clausen Drive, Paramount Drive and also crosses

US 97 just north of Clausen Drive going to Hunters Circle on the east side of the highway.

• A 12-inch water main running north from Cooley Road along Berg Lane within

public street right of way.

• The East DS-2 Alternative is likely to cause Avion Water Company an additional 3,200 feet of 12-inch water main relocation to their water main located in Hunnell Road between Cooley Road and Bowery Lane.

Part 2 – Facility Type and potential conflicts

Examples Page 58


The cost to relocate Avion Water Company’s facilities is estimated to be $608,000 to $912,000 and will be at the utility’s expense. Reimbursable relocation costs likely to be incurred are a result of relocating service connections is estimated to be $70,000.

2. Bend Broadband – Located on approximately 3.2 acres, south of Empire Boulevard at

63090 Sherman Road is the main Bend Broadband office and business operations plant. Bend Broadband provides digital communications services, including internet service, high speed fiber-optic data transmission, television, wireless service and telephone to over 42,000 residential, business, educational, and medical customers in the Central Oregon area. These services are dependent upon over 700 fiber-optic cables whose signals originate from this network operations center.

Bend Broadband has the following major fiber-optic cable routes located within the project area that will be impacted:

• Leaving their operations plant an aerial fiber-optic cable runs along the south side of

Empire Boulevard on Pacific Power poles, east to the Pacific Power transmission poles located along the west side of the railroad right of way. Attached joint-use to these transmission poles this fiber-optic cable runs north to their fiber hub in Redmond along the east side of US 97.

• Leaving their operations plant an aerial fiber-optic cable runs along the north side of

Empire Boulevard on Pacific Power poles, west to O.B Riley Road where it remains aerial and follows O. B. Riley Road to Cooley Road.

• An aerial fiber-optic cable crossing US 20 and US 97 along the south side of Cooley

Road between O. B. Riley Road and Boyd Acres Road on public road right of way.

The East DS-2 Alternative will cause the following additional impacts to the Bend Broadband facilities:

• An underground fiber-optic cable running north from Cooley Road along Hunnell Road within the public road right of way.

• An aerial fiber-optic cable running north from Cooley Road located on private

property east of Hunnell Road. Impacts to Bend Broadband’s operations plant should be avoided. The estimated cost just to relocate cable technical facilities is estimated to cost $3.12 million, which would be reimbursable by ODOT. This does not include the property or building construction cost at a new site. Impacts to the operations plant should be handled as a right of way acquisition.

Examples Page 59


Reimbursable cost to relocate the aerial fiber on private property due to the East DS-2 Alternative is estimated at approximately $80,000. Non-reimbursable costs to relocate fiber-optic cables for the project is estimated to be $65,000 to $90,000 and will be at the utility’s expense.

• Cascade Natural Gas has the following major natural gas line facilities located within the

project area:

• A 4-inch gas main running north – south along the westerly right of way of US 97 between the cemetery and Robal Road.

• A 4-inch steel gas main running along the north side of Robal Road between US 97

and Hunnell Road. • A 4-inch steel gas main running along NE Nels Anderson Road from Empire Avenue

to NE Nels Anderson Place within public right of way.. • A 2-inch gas line running west along the south side of Cooley Road from US 97

serving Lowes. This gas line may be located on private property. • A 2-inch gas line running east – west along both sides of Robal Road from US 97 to

the Swalley Canal within the Robal Road right of way. • A 2-inch gas line running east – west along Empire Avenue from US 97 to O. B. Riley

Road within the Empire Road right of way.

The estimated cost to relocate Cascade Natural Gas facilities for the project is estimated to be $1,190,500 to $1,340,000 at the utility’s expense. Reimbursable relocation costs including reconnection of services across private property are estimated to cost between $121,000 and $141,000.

• Central Electric Cooperative has the following power line facilities located within the

project area that are likely to affected by the project:

• An aerial distribution power line along the south side of Cooley Road between US 20 and Hunnell Road most of which appears to be located on private property.

• An underground power line along the west side of Hunnell Road going south from

Cooley Road which appears to be located on private property.

Examples Page 60


• An aerial distribution power line along the easterly side of US 20 between Cooley Road and the old Bend/Redmond Highway located on State Highway right of way.

When the City’s Juniper Ridge project develops, some of the development will be served by Central Electric Cooperative which will require the construction of an electrical substation in the area. A site for the substation has not been determined at this time. Efforts to avoid impacting an electrical substation should be considered due to the extreme cost. The cost to relocate Central Electric Cooperative facilities for both the East DS-1 and East DS-2 alternatives is estimated to be $30,000 at the utility’s expense. ODOT reimbursable relocation costs for facilities located on private property are estimated to be between $55,000 and $65,000.

• Central Oregon Irrigation District has the Pilot Butte Canal located near the project area

but not likely to be impacted by the project. COID owns their facility and their easements were established through a variety of Federal Acts, including the Carey Act of 1894, which states, “to the extent of the ground occupied by the water of any reservoir and of any canals and laterals and fifty feet on each side of the marginal limits thereof…”. This established prior right, causes any relocation or adjustment of any COID facilities to be reimbursable under State policies and procedures and the provisions of 23 CFR 645A (Code of Federal Regulations).

The Federal Relocation Act, 23 CFR Part 645 A, requires ODOT to make the owner of the facility (COID) whole, functionally unchanged, both during and after the project is complete. COID has a 20-year comprehensive plan that includes goals for minimizing water loss, protecting water quality and safety. They plan to achieve these goals by piping their system. Maintaining access to all parts of their system is critical for both, a piped system or an open channel. The irrigation season for COID runs April 1 through October 31 of each year. Any relocation of the District’s facilities would generally need to occur during the non-irrigation season.

Any properties acquired for the project, having a COID water right will affect the District. It is COID policy to remove or transfer all the water rights on the properties ODOT will acquire, so the water rights can be retained within the District.

Located on Tax Lot 700 of Tax Map 16-12-34, Central Oregon Irrigation District has constructed a 3.27 megawatt (MW) hydro-electric plant which began operating April 2010. This facility is valued at $22.5 million and any impacts to the piped canal feeding this facility should be avoided. Impacts to this facility will be reimbursable.

Reimbursable work to the Central Oregon Irrigation District’s facilities is not anticipated at this time with the East DS-1 and East DS-2 alternatives.

Examples Page 61


• City of Bend has gravity sewer, pressure sewer and waterlines located throughout the project area. The City of Bend has the following sewer lines located within the project area that could be significantly impacted:

• A 6-inch diameter pressure sewer along the westerly side of US 20 from Empire Avenue northerly to approximately the Sisters Loop Ramp where it cuts across to Jamison Road right of way and becomes a 4-inch diameter pressure sewer servicing the Deschutes County Sheriff complex.

• A pressure sewer located along the westerly side of the Bend Parkway and US 97 from the Sisters Loop Ramp northerly to Grandview Drive on State Highway Right of Way.

• A sewer lift station is located on the west of US 97 just north of Grandview Drive. The City of Bend has the following water lines located within the project area that could be

significantly impacted: • A 12-inch diameter water line crossing US 97 at Nels Anderson Place. • A 12-inch diameter water line crossing US 97 located in Cooley Road right of way. • A 12-inch diameter water line located in Hunnell Road right of way between Robal Road

and Cooley Road. City facilities impacted by this project, located on City street right of way would be reimbursable under State policy and procedures. Reimbursement is made pursuant to State policies and procedures and the provisions of 23 CFR 645A (Code of Federal Regulations). The estimated cost to design and relocate City of Bend facilities for the project is estimated to be $850,000 to $1,200,000 at the utility’s expense. Reimbursable relocation costs for facilities located on City street right of way or across private property are estimated to cost between $450,000 and $1,000,000.

• Long Butte Water Company has not responded to numerous requests for information

regarding their facilities and design locates for utility markings has not been requested by ODOT survey. Therefore, impacts to Long Butte Water Company are unknown at this time.

• Level (3) Communications has buried fiber-optic lines running north along US 97 from the

Deschutes Market Over-Crossing and will not be affected by the project. • Pacific Power has a number of aerial and underground electrical lines throughout the

proposed project area that will need to be relocated as a result of the project. The following power line facilities should be considered significant and impacts should be avoided or minimized to reduce costs to ODOT or the utility:

• A 69kV transmission line between Bend and Redmond that runs along the westerly

railroad right of way east of US 97. This transmission route is located on private easement and would be reimbursable by ODOT if impacted and caused to relocate.

Examples Page 62


Relocating just a few of these poles could easily cost over $1 million. This transmission route crosses Cooley Road east of the present US 97 and the Cooley Road connection could affect this crossing.

• An aerial power line along Empire Avenue between O. B. Riley Road and Boyd Acres

Road that provides underground services to a number of businesses in the area.

• An aerial power line along the south side of Cooley Road between Hunnell Road and Boyd Acres Road that provides a number of services to businesses and residences in the area.

• Underground power lines along Hunnell Road and Robal Road have a number of pad-

mount transformers that could be impacted by the project. Relocation of these transformers may affect the right of way footprint as they will need sufficient room to accommodate any pedestrian facilities, signal pole foundations and slopes required by the project and still need enough area for installation, operation, maintenance, and safety clearance.

As the City’s Juniper Ridge project develops, some of the development will be served by Pacific Power which required the construction of an electrical substation near the project area. The substation is located adjacent to and east of the railroad tracks in Section 10, Township 17 South, Range 12 East, Willamette Meridian.

Impact to Pacific Power’s substation is not anticipated at this time but the site should be avoided if the project footprint increases during project development. The estimated cost to relocate a power substation of this size is $6 - 7 million, which would be reimbursable by ODOT. This does not include the property cost for a new site. Any impacts to the substation should be handled as a right of way acquisition. OODT reimbursable costs to relocate power lines, power poles, transmission poles, etc. are estimated to be $163,000 to $1,162,000. Non-reimbursable costs to relocate power lines and poles are estimated to be between $462,500 and $695,000 and will be at the utility’s expense.

• Quantum Communications has fiber-optic cable attached to the Pacific Power transmission

route from Redmond, OR to Nels Anderson Place, where it crosses US 97 and US 20 to the west and then follows Jamison Road to the County emergency services complex. Relocation of Quantum Communications facilities would likely follow the route of Pacific Power’s relocated transmission route. Quantum also has fiber-optic cable located in and around the intersection of Empire Boulevard and Boyd Acres Road.

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Non-reimbursable costs to relocate fiber-optic lines in conflict are estimated to be between $65,000 and $80,000 and will be at the utility’s expense.

• QWEST Communications has facilities within the project area that provide communications services, including high speed fiber-optic data transmission, emergency services and telephone to residential, business, educational, and medical customers in the Central Oregon area. A major toll line from Bend to Portland is located in the middle of the proposed project area. Unanticipated damage or disruption to this facility could isolate most of Central Oregon.

The following significant communication facilities are located within the project area that could be impacted by the project:

• A Remote Terminal Cabinet (R.T. Hut) located on the Lowe’s property on the south side of Cooley Road near the entrance to Lowe’s. ($250,000 Reimbursable)

• A DSL cabinet located on private property on the north side of Cooley Road at Hunters Circle, which supplies fiber-optic capabilities to the Juniper Ridge development. ($100,000 Reimbursable)

• A major buried and an aerial fiber-optic routes crossing of US 97 at Cooley Road.

• An aerial copper cable crossing of US 97, joint-use on Pacific Power poles at Bowery Lane.

• A major aerial and buried fiber-optic and copper cable route (Bend – Portland toll line) located on private property east of Hunnell Road from Cooley Road to Deschutes Market Road. This route has three (3) fiber-optic cables and six (6) large copper cables ($1,250,000 Reimbursable). This cable route is located along the east side of the Bend Parkway on State highway right of way between Empire Boulevard and Cooley Road. The East DS-2 Alternative could significantly impact this route.

• A major underground fiber-optic cable located along Jamison Road that serves State Police, 911 and the County Emergency Services complex. This cable feeds a Controlled Environment Vault located on private property. ($500,000 Reimbursable). No impacts to this facility are anticipated with the East DS-1 and East DS-2 alternatives at this time.

Relocation of QWEST facilities is estimated to take approximately 150 – 180 days after their relocation plan has been approved and all the project right of way is in ODOT possession. Relocation costs at QWEST’s expense are estimated to be between $1,000,000 - $1,500,000, while reimbursable relocation costs are estimated to be $2, 200,000 - $2,500,000.

• Swalley Irrigation District has multiple canals located within the project area that will be

impacted in some way by the project. Swalley Irrigation District owns their facility and their easements were established through a variety of Federal Acts, including the Carey Act of 1894, which states, “to the extent of the ground occupied by the water of any reservoir and

Examples Page 64


of any canals and laterals and fifty feet on each side of the marginal limits thereof…”. Right of ways provided to Swalley Irrigation District under the March 3, 1891 Desert Lands Act for canal companies is not like a regular easement that is supplemental to the underlying owner's rights. The underlying owner does not own the right of way the Federal Government removed from reserved federal lands and allocated to Swalley Irrigation District as of 1891. These established prior rights, causes any relocation or adjustment of Swalley Irrigation District facilities to be reimbursable under State policies and procedures and the provisions of 23 CFR 645A (Code of Federal Regulations).

Any properties acquired for the project, having a Swalley Irrigation District water right will affect the District. It is Swalley Irrigation District policy to remove or transfer all the water rights on the properties ODOT will acquire, so the water rights can be retained within the District. Swalley Irrigation District water is currently valued at $1,200.00 per acre.

The irrigation season for Swalley Irrigation District runs April 1 through October 31 of each year. Any relocation of the District’s facilities would have to occur during the non-irrigation season and accommodate winter stock runs during the non-irrigation season approximately every 4 weeks weather, permitting. Where the Main Canal crosses Cooley Road, just east of Hunter’s Circle in a 48-inch diameter Heavy Duty Poly Ethylene (HDPE) pipe, is of particular concern. Crossing this pipe will directly affect the range of profile grades for Cooley Road which will then influence the Cooley Road structure possibilities for crossing US 97 and the railroad tracks. Any roadways for the project that cross piped sections of Swalley Irrigation District laterals should consider using slab spans or a carrier sleeve to cross the pipe. This will provide structural support of the roadway and provide future access to the pipe for repair or replacement. All existing HDPE pipe under roadways should be replaced by fuse welding a continuous section of HDPE pipe from the roadway right of way to right of way. All of Swalley Irrigation District’s HDPE pipe has been in the ground less than 10 years. HDPE pipe has an expected design life of 65 – 100 years. In lieu of building over any of the Swalley Irrigation District pipes and canals, moving the pipe or canal outside of roadway prism should be evaluated. Located on Tax Lot 800 of Tax Map 17-12-03, Swalley Irrigation District has constructed a 750 kilowatt (kW) hydro-electric plant that started producing electricity during April 2010. This facility is valued at $10.4 million and should be avoided. Impacts to the hydro-electric plant would be reimbursable and should be handled as a right of way acquisition. The Swalley Main Canal is now piped from their diversion point on the Deschutes River to their hydro-electric plant site. Any relocation of this piped canal due to roadway conflicts will have to be designed without siphons, open ditches or grade changes and acceptable to the District.

Examples Page 65


The cost to relocate or accommodate Swalley Irrigation District facilities for the project could easily cost between $1,500,000 and $2,500,000 and would be reimbursable by ODOT under state policy and procedures. Impacts to the Swalley Irrigation District facilities are similar for both alternatives.

Utility Relocation Policy The ODOT Utility Relocation Program policies for reimbursable and non-reimbursable relocations are derived from the Oregon Constitution, Oregon Revised Statutes, Oregon Administrative Rules (OAR), and the Code of Federal Regulations (CFR). OAR 734-055 provides the authority for permitting and the manner in which the utility is allowed in the right of way. Federal Regulation 23 CFR 645 provides direction as to when and which costs of relocation are eligible for reimbursement and the relationship between the State Transportation Department rules and regulations and FHWA regulations.

ODOT is required by law and policy to pay all utility costs for the relocation of those facilities, which must move to accommodate the construction requirements of the project, that pre-exist on private property or are city facilities within city street right-of-way. In cases where city facilities have been placed within county road right-of-way and no permit has been issued to the city, which obligates the municipality to relocate at its own cost when road improvements are made, the city is reimbursed for its costs by ODOT.

Under the Fifth Amendment of the Constitution of the United States and Article 1 of the Oregon Constitution’s Bill of Rights, no person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation. Public Law 91-646, Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, further defines the duties of the public agency to apply those basic rights during property acquisition and relocation activities.

Except within cities, under Oregon Revised Statute (ORS) 758.010 Utilities are given the right to construct, maintain, and operate their facilities within the right of way of public roads. Utilities have certain rights and protections when their facilities are required to be relocated due to a roadway project. Because these rights are covered under the Federal Uniform Relocation Act, Federal regulations, and state laws and rules, it is the responsibility of the Right of Way Section to provide necessary assistance and direction.

Relocation of businesses is the responsibility of the ODOT Right of Way Section under the Federal Uniform Relocation Act. Right of Way Manual Section 6.302-3 and 4 address the impacts to businesses that must be included in the Right of Way Section responsibilities.

Recommendations Deliver Preliminary Plans (70 percent plans) early to utilities: Due to the lengthy lead-times required by most utilities, it is recommended that early plans of 70 percent completeness

http://arcweb.sos.state.or.us/rules/OARS_700/OAR_734/734_055.html

http://www.fhwa.dot.gov/reports/utilguid/utilappa.cfm

http://www.leg.state.or.us/ors/758.html

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be delivered to utility designers twelve (12) to fifteen (15) months in advance of proposed start of construction. Acquire entire new right-of-way to match utility work start time: To allow for effective utility relocation work to occur, it is recommended that all new right-of-way and slope/utility easements be purchased and in ODOT possession three (3) months in advance of highway construction. Avoid impacting any segment of the buried irrigation pipe feeding the hydro-electric plants: Cooley Road crosses the Swalley Irrigation District 48-inch diameter HDPE pipe that feeds their hydro-electric plant. The project footprint does not appear to impact Central Oregon Irrigation District’s Pilot Butte Canal at this time.

Conclusion

This analysis delineates the existence of the most significant utility facilities that may be impacted by the proposed project and reports reimbursement findings and makes recommendations on how to lessen the utility and community impacts. Multiple minor interruptions, usually short in duration to all utility services should be expected before and during construction. The single major design element for determining the magnitude of significant utility impacts is whether Cooley Road goes over US 97 and the railroad or underneath. Taking Cooley Road over US 97 and the railroad would impact the high voltage transmission lines and the high speed fiber cable of Bend Broadband while minimizing the impacts to buried facilities. Taking Cooley Road under, will cause significant relocation of domestic water, sanitary sewer, gas, cable television and a major fiber-optic telecommunications duct system. Impacts to the Swalley Irrigation District Main Canal pipe crossing of Cooley Road should be avoided anyway possible. Design considerations should be looked at closely to avoid or minimize impacts to the Pacific Power transmission route, the QWEST Communications fiber-optic duct run and any crossing of the Swalley Irrigation District facilities. Reimbursable utility relocation costs to be paid by ODOT could range from $4,639,000 to as high as $10,558,000. Utility company relocation costs could range from $4,266,000 to $5,847,000.

Part 3 – Anticipated Reimbursable Impact

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ESTIMATED UTILITY COSTS UTILITY REIMBURSABLE COST NON-REIMBURSABLE COST AVION WATER COMPANY $70,000 $608,000 - $912,000 BEND BROADBAND $80,000 - $3,120,000 $65,000 - $90,000 CASCADE NATURAL GAS $121,000 - $141,000 $1,190,500 - $1,340,000 CENTRAL ELECTRIC $55,000 - $65,000 $25,000 - $30,000 CENTRAL OREGON IRRIGATION No Anticipated Conflicts $ 0 CITY OF BEND $450,000 - $1,000,000 $850,000 - $1,200,000 LEVEL (3) COMMUNICATIONS No Anticipated Conflicts $ 0 LONG BUTTE WATER COMPANY Unknown Unknown PACIFIC POWER $163,000 - $1,162,000 $462,500 - $695,000 QUANTUM COMMUNICATIONS $ 0 $65,000 - $80,000 QWEST COMMUNICATIONS $2,200,000 - $2,500,000 $1,000,000 - $1,500,000 SWALLEY IRRIGATION DISTRICT $1,500,000 - $2,500,000 $ 0 TOTAL: $4,639,000 - $10,558,000 $4,266,000 - $5,847,000

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Example 4.3 - Simple Utility Report Date: June 27, 2008

To: Whomever Project Team Leader From: Barry Zelmer Region 4 Utility Specialist Subject: UTILITY REPORT OR 140: OC & E Railroad Bridge (Dairy) Section Klamath Falls – Lakeview Highway Klamath County Key No.: 12,740 Submitted for your use and distribution is the Utility Report for the subject project. The following utilities were identified as being within the project limits for the project:

1. CenturyTel

• Contact Mr. Dirk Tibbets, OSP Engineer, CenturyTel, PO Box 30, Lakeview, OR 97630, telephone (541) 947-5345; fax (541) 947-0125, for further information.

CenturyTel has buried telephone facilities in the area of the bridge located on State Highway right of way by permit. A copper telephone cable is attached by galvanized pipe conduit to the south side of the bridge. This cable will have to be removed or remain on the structure until at which time that it can be relocated by attaching to the new structure. A Utility Reimbursement (UR) budget is not anticipated at this time as the CenturyTel facilities are located on ODOT Right of Way under ODOT Permit M35221. There is no indication of an X-Permit, therefore, any cost in relocating the telephone facilities will be CenturyTel’s responsibility. cc: Whomever, State Utility Liaison Whomever, Region 4 Roadway Manager

Part 1 – Utility Owner and Contact

Part 2 – Facility Type and potential conflicts

Part 3 – Anticipated Reimbursable Impact

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Example 4.4 – Complex Utility Report

Date: February 11, 2010 To: Mike Redd Project Team Leader From: Barry Zelmer Region 4 Utility Specialist Subject: UTILITY REPORT OR 39: Matney Road – NCL Merrill Section Klamath Falls - Malin Highway Klamath County Key No.: 16,200 Submitted for your use and distribution is the Utility Report for the subject project. The following utilities were identified as being within the project limits for the project:

1. Avista Utilities • Contact Mr. Jeff Daniels, Construction Manager,

Avista Utilities, PO Box 310, Klamath Falls, OR 97601, telephone (541) 880-1640; fax (541) 884-4854, for further information.

2. CenturyLink • Contact Mr. Dirk Tibbets, OSP Engineer,

CenturyLink, 410 North 1st Street, Lakeview, OR 97630, telephone (541) 947-5345; fax (541) 947-0125, for further information.

3. Klamath Irrigation District • Contact Mr. Dave Solem, Manager,

Klamath Irrigation District, 6640 K. I. D. Lane, Klamath Falls, OR 97603, telephone (541) 882-6661; fax (541) 882-4004, for further information.

4. Level (3) Communications • Contact Mr. Jon “JC” Calkins, Field Technician,

Level (3) Communications, cell phone (541) 953-2709, Email [email protected] for further information.

5. Pacific Power • Contact Ms. Cary Ann Bailey, Operations Manager,

Pacific Power, 1950 Mallard Lane, Klamath Falls, OR 97601, telephone (541) 883-7820; fax (541) 883-2399, for further information.

6. QWEST Communications • Contact Mr. Jeff Wedman, Senior Design Engineer,

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QWEST Communications, 150 West Stewart Avenue, Room 4, Medford, OR 97501, telephone (541) 776-8256; fax (541) 776-8026 for further information.

AVISTA Utilities does not appear to have facilities located within the project limits as identified at this time. CenturyLink has buried copper cable and buried fiber-optic cable in the project area from Merrill north to Cheyne Road located along and within OR 39 state highway ROW. They are located mainly on the east side of the highway with multiple crossings. Klamath Irrigation District operates irrigation facilities owned by the US Bureau of Reclamation that cross the highway or are located near the highway at the following locations:

• C-7 Lateral - south of Elliot Lane (Township 40 South, Range 10 East, Section 7) • 5-A Drain - south of Elliot Lane (Township 40 South, Range 10 East, Section 7) • 5-K Drain – between Matney Way & Cheyne Rd. (Township 40 South, Range 10 East, Section 17) • C-9 Lateral -between Matney Way & Cheyne Rd. (Township 40 South, Range 10 East, Section 19) • No. 5 Drain – north of Wong Road (Township 40 South, Range 10 East, Section 20) • No. 5 Drain – north of Wong Road (Township 40 South, Range 10 East, Section 20) • 5-G Drain – at the intersection of Wong Road (Township 40 South, Range 10 East, Section 20) • 5-H Drain - (Township 40 South, Range 10 East, Section 28) • C Canal - south of Anderson Road (Township 41 South, Range 10 East, Section 3) • Adam’s Pumping Plant - south of Anderson Rd. (Township 41 South, Range 10 East, Section 3) • D-1-c Lateral – between Anderson Rd. and Falvey Road (Township 41 South, Range 10 East,

Section 2) • No. 6 Drain – near Falvey Road (Township 41 South, Range 10 East, Section 2)

Any work done to repair or replace irrigation facilities will be reimbursable by ODOT policy and procedures. Level (3) Communications has buried fiber-optic communications cable buried in a multiple use conduit duct run along the westerly side of the highway throughout the project limits. This multiple use duct run also contains fiber-optic facilities owned by Williams Communications and 360 Networks. Each fiber-optic provider has buried hand holds that access their ducts within the highway right of way that could be impacted by excavation work. Pacific Power supplies transmission voltage (500 kV) power from an electrical sub-station in Malin to the Klamath Cogeneration Plant and then on to Medford through the power lines carried by the steel towers west of the railroad. This transmission route crosses the highway between Matney Way and Wong Road at approximately milepoint 8.7. While no direct impacts to this facility are anticipated, clearances due to sag will need to be considered with the realignment of Matney Road underneath these lines at the beginning of the project.

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Pacific Power has wooden power poles carrying aerial transmission with a distribution underbuild that runs along the westerly right of way from the beginning of the project to Matney Way (approximately milepoint 8.2) where it crosses to the east side of the highway and continues along the easterly right of way to milepoint 9.2, all of which is located on the state highway right of way by permit. Here the facility leaves the state highway right of way until milepoint 9.4, where it reappears on the easterly state highway right of way and continues to approximately milepoint 13.3 and terminates. Aerial distribution voltage lines crossing the highway occur throughout the project limits. Sliver embankment fills or pipe replacement work could impact these power poles. Relocation of any of the power poles will be non-reimbursable by ODOT. QWEST Communications has aerial telephone cable on poles located along the easterly right of way between Elliot Road and Zuckerman Road by permit. At approximately milepoint 8.2 QWEST Communication’s aerial telephone cable crosses the highway and is located on poles along the westerly right of way to approximately milepoint 9.7 by permit. They also appear to have a buried fiber-optic line contained inside a 4-ich PVC conduit running along this same route. Telephone lines crossing the highway occur throughout the project limits. Sliver embankment fills or pipe replacement work could impact these telephone poles. Relocation of any of the telephone poles will be non-reimbursable by ODOT. Significant utility conflicts are not expected for this project, but the existing utilities and irrigation facilities should be located by field survey. Utility relocation costs will be bore by the respective utility, whereas any costs incurred resolving impacts to the US Bureau of Reclamation facilities would be reimbursable by ODOT. Therefore, a Utility Reimbursement (UR) budget of at least $40,000 should be anticipated at this time. cc: Heather Howe, State Utility Liaison Mike Morris, Region 4 Roadway Manager Martin Matejsek, District 11 Operations Engineer

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Example 4.5 – OUNC Locate Ticket

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Example 4.6 – Research and Determine Cost Split for Reimbursable Relocations

The plot continues to thicken on this project for reimbursable relocation work. I spend all day Thursday, 2/9, (and considerable time and overtime since) researching the county road records to determine the status of their ROW as per your instruction. Here's what I found so far:

South Century Drive was originally condemned by the Secretary of War on October 11, 1943 as a military road (Camp Abbott Road). The military then granted the property as surplus to the Deschutes National Forest 100 ft in width in August 22, 1947 and acknowledges an existing telephone cable that is granted a "perpetual easement" except for "...that part lying within the right-of-way of United States Highway No. 97 in said Section 3".

On December 4, 1970 the Deschutes National Forest granted a special use permit for road ROW to Deschutes County which also terminated 2 earlier permits, "due to duplication for road use", for the same area issued January 27, 1950 and April 19, 1961. The drawing included with this document shows a "centerline easement 66 feet wide". I then discovered a Termination of Easement dated September 20, 1976 which "...does hereby terminate the easement granted by the United States of America to the County of Deschutes, State of Oregon on December 4, 1970 as to the segment of said easement described above". It appears that the County road ROW was 66 feet wide for all of these permits.

Next, I find a "Correction Deed" dated December 6, 1979 that corrects "a highway easement for a right-of-way for Oregon Federal Aid Secondary, South Century Drive (FAS 900) dated January 16, 1979". The drawing filed with this document and prepared by a local surveyor, is dated December, 1975 and shows a ROW on the north 50 feet from centerline and the ROW on the south 65 feet from centerline. Sometime between the December 4, 1970 document and the December 1975 drawing, the county road right was increased from 66 feet to 115 feet as described above.

ODOT permit research reveals permit M01162 issued to Pacific Telephone Company on 1/21/1939 which appears to be north of the South Century Drive County Road Intersection with Highway 97 but likely is just a pole line crossing of the old US 97 Highway location, which is east of the present US 97 alignment. The highway was moved to its present location in February 1953 (4V-373). Permit M12860 issued to Pacific NW Bell on 1/22/69 is the permit that allows telephone to cross US Highway 97 in the present location identified as in conflict for this project. This permit shows the crossing to occur 37 feet south of centerline of "Spring River Road" approximate Engineer's Station 705+47 which coincides with the present ROW stationing for the project and the located telephone line. Permit M18140 issued 9/9/76, is for buried telephone to run south along the westerly US 97 ROW from South Century Drive to Foss Road (approximately 15 miles) and has since been abandoned. Permit M25773 issued to Pacific NW Bell on 6/5/85 shows a bore across US 97 along the south ROW of South Century Drive. I believe this to be the fiber-optic installed on County ROW approximately 15 feet from centerline of South Century Drive.

Cascade Natural Gas has the following permits M12861 issued 1/22/69 and M25807 issued I believe in 1985. The 2-inch gas line was installed in 1969 at the existing location and the 4-inch high pressure line replaced the 2-inch line in 1985.

There are no county records for the placement of the telephone line or the gas line upon their ROW. I was told by the County that they no longer keep utility records older than 5 years. It appears the County

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ROW width was 66 feet centered in 1969 when the telephone was installed 37 feet +/- south of centerline and most of the gas line was installed approximately 48 feet north of centerline. There is one section of the gas line that appears to be within County Road ROW where there is a natural rock outcropping and the line seems to follow the easier southerly path around.

Therefore, without the existence of a County road permit, I consider the copper telephone to be reimbursable except for the 232 feet permitted under ODOT permit M12860. The fiber-optic is clearly located within the County Road ROW (under the present pavement) to west of US 97, was installed under permit M25773 across the ODOT ROW of 232 feet and then located on Forest Service Special Use Permit east of the highway ROW. Therefore, the fiber-optic should only be reimbursed for that portion lying east of the prior ODOT ROW. I calculated a run for copper telephone cable and a run for Fiber-optic for the same length of conflict. Then I calculated 63.10 % reimbursable for QWEST Communications overall.

It appears the gas line was originally installed on a Forest Service Special Use Permit in 1969 and would be reimbursable for all except that portion lying within the existing ODOT ROW of 232 feet. Within the existing ODOT ROW there is 130 feet of gas line that will remain in place while 138 feet will be relocated as non-reimbursable. I calculated 94.70 % reimbursable for Cascade Natural Gas.

Please review and approve if you find this acceptable. Hopefully you are aware of the time it takes to properly research and resolve prior rights. I have spent 27 hours on this thing just this month alone.

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Example 4.7 – Project Notification Letter

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Example 4.8 – Conflict Letter – Non-Reimbursable

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Example 4.9 – Conflict List

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Example 4.10 – Utility Relocation Information Sheet

Utility Relocation Information Sheet Project Name: OR 140: BNSF (Dairy) Bridge Replacement Section Key#: 12,740 Utility: Century Link PO Box 30 410 North 1st Street

Lakeview, OR 97630 Contact Name & Phone No.: Dirk Tibbets, OSP Engineer (541) 947-5345 (Person the contractor will contact.) Conflicts: (Type of conflict. Overhead power lines, poles, risers, meters, valves, manholes. Be Brief)

TELEPHONE CONDUIT ATTACHED TO THE SOUTH

SIDE OF THE BRIDGE (50 PAIR)

Estimated Time needed for completion of utility work:

3 WEEKS

Is any delay to construction anticipated due to the utility’s relocation work?: (If yes, explain why the highway contractor will not be able to work while the utility work is being performed. Include an estimate of the time the contractor will be unable to work.)

NONE

Are there any staging requirements?: (For example: Work to be completed after ROW is cleared, relocation to be done after structure or detour is completed.)

NONE

Notice required by utility before start of construction: (Number of days or weeks the contractor should notify the utility contact prior to the start of construction)

2 WEEKS

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Example 4.11 – Plan Sheets – Marked up for Utility

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Example 4.12 – Utility Relocation Plan

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Example 4.13 – Timing Letter

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Example 4.14 – Specifications 00150.50 Cooperation with Utilities - Make the following changes to this Subsection: (c) Contractor's Responsibilities - Add the following to the end of this Subsection: The Contractor shall hold monthly utility coordination meetings with utility companies and Agency representatives (both in the office and in the field if necessary) to coordinate project activities with utilities and on-going utility relocation work. The coordination meetings shall include detailed discussions of, but not be limited to, existing and abandoned utilities, service lines, critical locations for pot holing of utilities, project activities, and on-going utility relocations in upcoming project activity areas. The Contractor shall obtain utility base map drawings from each utility at these meetings and will be required to fully understand the scope, extent, locations, and significance of all utility facilities prior to starting work in a new activity area. Furnish utility agencies updated project schedules in conjunction with the Agency. Prior to starting any work on-site, the Contractor shall submit a written "Utility Coordination Report". The Utility Coordination Report shall identify the specific utility coordination accomplished to date by the Contractor for all existing in-service and abandoned facilities. The report shall include contact names, numbers, dates, and utility base map drawings that the Contractor has obtained. In addition, the report shall contain documents showing that the Contractor has accomplished utility locates, and that utility locates along with applicable construction activities have been reviewed and discussed with utility representatives on-site. The Utility Coordination Report shall be submitted to the Project Manager a minimum of ten days prior to starting work and may be submitted for the project as a whole, or for specific areas within the project. Plan and schedule all utility adjustment operations well in advance of on-site work. As soon as the Contractor becomes aware of any previously unknown utility conflicts or issues, the applicable utilities shall be notified immediately. Allow utilities a minimum of four weeks to relocate or resolve the previously unknown utility issues. Prior to the start of work, review utility locates with a representative of each utility on-site to ensure that all in-service utilities, including service laterals, and known abandoned facilities are correctly identified in the field. Similarly, where construction activities extend onto private property (e.g., easements), coordinate and review service line locations, including service laterals, with the private property owners. Earthwork activities (e.g., slope cuts/fills, ditch excavations, etc.) shall occur around existing below-grade and at-grade utilities. The Contractor shall coordinate with utilities when conducting operations in these locations and allow the utilities access to temporarily support, brace, and otherwise protect their facilities during the work operations where applicable. The plans do not specifically identify whether new storm facilities cross over or under existing utilities. Numerous storm facilities cross under existing utilities. Lateral supports, subjacent supports, and minimizing the length of exposed utilities shall be required in these locations. Non-invasive excavation techniques shall be required when working within the reasonable accuracy zone of any utilities. Potholing for the purpose of exposing utilities prior to excavation shall be required when working within the reasonable accuracy zone of utilities. Backfill exposed utilities as recommended and approved by the utility representative. Telecommunication facility trenches shall be backfilled with concrete slurry. The Contractor shall replace any utility locate

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warning tape removed during construction activities. The associated utility will furnish any necessary tape. Utility locate warning tape shall not be assumed to present at all existing utilities. The Contractor shall save all utility locate and warning markers removed during construction activities, and reinstall them following the activities. Removal and replacement of the utility locate and warning markers shall be coordinated with the associated utility. Utilities abandoned during the project and existing abandoned utilities exposed by the work shall be removed and disposed of according to the requirements of Sections 00310 and 00330. Throughout the project limits, an extensive number of abandoned utilities, including numerous cables, conduits, pipes, manholes, and vaults, will be encountered during excavation activities. During these activities, coordinate with utility agencies and verify that abandoned utilities encountered are no longer in service prior to removal and disposal. The Contractor shall be required to stake, place warning tape, and maintain no work limits around critical utility facilities as identified and directed by the applicable utility and Engineer. (f) Utility Information: Arrangements for removing, relocating, or adjusting municipal Utilities on the Project are the responsibility of the City. Contact the City for information regarding these arrangements. Contact Person's Name and Phone Number Larry Beskow (City of Medford - Sewer) (541) 774-2100 The City of Medford will pothole and relocate sewer service connections as needed during the project. The contractor will be required to coordinate his activities and allow the City of Medford access and time to relocate the needed facilities. Rodney Grehn (Medford Water Commission) (541) 774-2448 The Medford Water Commission will pothole and relocate water service connections as needed during the project. The contractor will be required to coordinate his activities and allow the Medford Water Commission access and time to relocate the needed facilities. The following organizations may be adjusting Utilities within the limits of the Project during the period of the Contract with relocation Work estimated to be completed by the following dates (times): Utility Estimated Completion Date (Time) 1. AT&T June 2006 Contact: Hal Carnes Phone: (530) 841-0621

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2. Rogue Valley Sewer Services (RVSS) June 2006 Contact: Carl Tappert Phone: (541) 664-6300 RVSS shall be notified 24 hours in advance of any pile and drilled shaft installation or other related excavations at Bridge 19282 or Bridge 19283 that will be within 3.05 meters (10 feet) of the surveyed edge of the existing 1070 mm (42 inch) concrete sewer pipe. A minimum of 1.52 meters (5 feet) clearance shall be maintained between the outside o(the 1070 mm (42 inch) sewer pipe and the outside of the bridge supports. Shall the 1070 mm (42 inch) concrete sewer pipe need to be exposed, the contractor shall replace any bedding which washes out or is otherwise displaced from the pipe during construction with compacted 38 mm-O mm (1 1/2 inch -0 inch) crushed rock. RVSS will be installing a new trunk line from Station GH 1 +037 to Station GH 0+540 from February 2006 to June 2006. This area will be unavailable for contractor operations during that timeframe. 3. Pacific Power & Light (PP&L) October 2006 Contact: Mike Hale Phone: (541) 776-5417 There are three service lines crossing the Garfield Street alignment from Station GH 0+538 to Station GH 0+942. Contact PP&L two (2) weeks prior to construction in this vicinity to allow sufficient time for relocation. 4. QWest October 2006 Contact: Jim Martin Phone: (541) 776-8268 The manholes in the grind and inlay construction areas of Barnett Rd. and Rogue Valley Highway, owned by QWest, shall be adjusted by the Contractor as shown and in accordance with section 00490. The manholes are numbered and the lids marked for QWest reference. The lids and frames that are removed shall be reinstalled at the same locations to maintain the identification numbering by QWest. These manholes will be required to be accessible at all times except during the actual grinding and paving operations. 5. QWest Communications October 2006 Contact: Rod Thompson Phone: (541) 282-9960 Advance notice shall be given to the QWest Route Technician, Nathan Fry at (541) 210-0650, two (2) business days prior to any construction work in the railroad right-of-way along Rogue Valley Highway. The technician will be required to be onsite during construction operations adjacent to the QWest fiber line. 6. Avista October 2006 Contact: Peter Anhorn Phone: (541) 858-4728 Avista will temporarily shut off the flow of gas across existing bridge number 07160 (also shown as 07160A) at Barnett Road over Bear Creek (New Bridge No. 19285) while the new structure is being built. The flow will only be shut off from April 1st thru October 1st. The Contractor shall coordinate with Avista four (4) weeks prior to the removal of the existing bridge over Bear Creek on Barnett Road in order to allow Avista sufficient time to relocate valves and retire the line across the bridge. The abandoned line

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shall become the property of the contractor and removed in accordance with section 00501. The contractor schedule shall reflect these timeframes and activities. 7. Charter Communications October 2006 Contact: Brad Dill Phone: (541) 282-8672 8. Hunter Communications October 2006 Contact: Rich Ryan Phone: (541) 772-9282 This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 1-800-332-2344.

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Example 4.15 – Utility Certification with No Exceptions

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Example 4.16 – Utility Certification with Exceptions Date: February 8, 2011 To: Heather Howe State Utility Liaison Project: US 26: Bridge Creek Bridge (Mitchell Access) Section Key No: 15,965 This is to certify that for this project based on plans dated October 5, 2010, all utility work has been completed or that all necessary arrangements have been made for it to be undertaken and completed as required for proper coordination with the physical construction schedule. Appropriate notification identifying all utility relocation work together with status of/or schedule for completion for each utility company involved within the limits of this project has been made a part of the special provisions. The following utilities are in the project limits and will be adjusting, relocating, or installing facilities, before, during, or after construction. Relocation time requirements for these utilities are attached to this Certification.

• CenturyLink

• Columbia Power Cooperative Utility Certification: _____________________________________Region 4 Utility Specialist Print Name: Barry W. Zelmer UTILITY EXCEPTIONS The following utility has been appropriately notified of the project and the impacts to their facilities; however, neither a relocation plan nor a written schedule for their relocation has been obtained. A tentative timeline for the utility to have their facility removed from the bridge has been included in the contract special provisions without a relocation plan from the utility. An approved schedule will need to be obtained from the utility listed below and any modification will be presented at the Pre-Construction meeting.

• City of Mitchell There is project risk that if the City should fail to relocate or remove their water line from the ODOT bridge by April 1, 2012, ODOT will have to remove or relocate the facility and bill the City under the provisions of Oregon Administrative Rules, Chapter 734, Division 55, Section 045 Paragraph 5 or Paragraph 6. Utility Certification - Exception: ____________________________, Interim Area Manager Print Name: Stephanie Serpico

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Example 4.17 – Circuit Rider Report

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Example 4.18 – Irrigation Agreement – For exhibits, contact the SUL

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Example 4.19 – Certificate of Materials Origin

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Example 4.20 – Certificate of Materials Origin fact sheet