105 IAC 13, UAP and 10 State

Joe GundersenSenior Utility Engineer, INDOT

August 26, 2014

105 IAC 13

Joe GundersenSenior Utility Engineer, INDOT

August 26, 2014

Agenda Learning Objectives Why was 105 IAC 13 developed Purpose Applicability Process - major steps Definitions Summary

Learning Objectives At the end of this presentation

the student will be able to: Explain why 105 IAC 13 was developed State the purpose of 105 IAC 13 State when to apply the rule Identify the major steps covered by the

rule Know and apply definitions used in the

rule

State Law (1) The foundation for 105 IAC is in Indiana

Code IC 8-23-2-5(a)(9) requires INDOT to adopt

rules Adopting rules equates to promulgating

rules under the Indiana Administrative Code

This is a lengthy and complicated process

State Law (2) IC 8-23-2-5(a) The department, through

the commissioner or the commissioner's designee, shall:

IC 8-23-2-5(a)(9) adopt rules under IC 4-22-2 to reasonably and cost effectively manage the right-of-way of the state highway system by establishing a formal procedure for highway improvement projects that involve the relocation of utility facilities by providing for an exchange of information among the department, utilities, and the department's highway construction contractors.    

State Law (3) (b) Rules adopted under subsection (a)(9):

(1) shall not unreasonably affect the cost, or impair the safety or reliability, of a utility service; and

(2) must require a utility to provide information concerning all authorized representatives of the utility for purposes of highway improvement projects and improvement projects undertaken by local units of government     

Purpose Sec. 1. (a) The department is authorized to

manage the right-of-way of the state highway system. The purpose of this article is to establish a formal procedure for highway improvement projects that involve the relocation of utility facilities by providing for the exchange of information and the implementation of their respective responsibilities among the department, utilities, and the contractor.

Notice this rule is not to specify charges against utilities for failure to comply

The assignment of such is a matter for the judicial system to address

Our job is to adhere to the process as best we can

    

Applicability – Projects Improvement Projects

Sec. 10. "Improvement project" means the construction, reconstruction, rehabilitation, and process incidental to building, fabricating, or bettering any of the following:

(1) A state, United States, or interstate route. (2) Projects within the state parks or other roadways

the department is required by statute to build and maintain.

(3) A local project administered by the department. (4) A project on the state highway system

administered by a local authority.

 

Applicability – Schedule (b) The department may require a utility to

comply with a reasonable shortened process or expedited schedule when an emergency exists that could affect:

(1) public safety; or (2) the structural or functional integrity of the highway.

Note that expedited schedules seem to be the norm rather than the exception

No matter how the schedule is established it is the utility coordinator’s and oversight agent’s responsibility to follow the rule as close as possible

And through the risk report keep the project manager informed of the risks of an expedited schedule

Process - Major Steps The following major steps are from 105 IAC

13: Research Phase Initial Notice Verification Phase Conflict Analysis Phase Work Plan Preparation Phase Agreement Phase Construction Phase

These phases will be discussed in more detail in other session specifically on these topics

Process – Revisions How long does a work plan last? A utility may always present an addendum to

their work plan to address any changes – work, cost, time

Work plan addendum will be issued to approve changes

Use paragraph 2 - describe work, cost and allocation

If INDOT changes their plan: Before letting, INDOT may request expedited plan

allowing 60 days to prepare After letting, INDOT may request expedited plan –

submitted as soon as practicable Utility may submit a new work plan if more than 1

year has elapsed since the final work plan was adopted

Definition - Authorized Rep (1) Sec. 2. "Authorized Representative" means

the person named by the utility as its designated contact person.

In response to the initial notice or at another time the Authorized Representative may appoint a Designated Representative to perform these duties.

Definition Authorized Rep (2) Such Designated Representatives are

often engineering firms hired under a continuing contract and acting on behalf of the utility

Authorized Representative contact information, if missing or incorrect refer the utility to the INDOT website to submit new information

Designated Representative, provide the contact information to the Oversight Agent. The information will be added to the SPMS data base allowing selection in the URLog. Thereby facilitating electronic notification

.

Definition - Facility Sec. 7. "Facility" shall include all privately,

municipally, publicly, or cooperatively owned systems for supplying:

(1) communications; (2) power; (3) light; (4) heat; (5) electricity; (6) gas; (7) water; (8) pipeline; (9) sewer; (10) sewage disposal; (11) drain; or

(12) like; service, directly or indirectly, to the public. The term includes cable television systems.

Pipeline is not a service, interpret as petroleum line

Sewage disposal does not include trash removal Definition does not include plant type

components that generate these services

Definition – Relocation (1) Sec. 8. "Facility relocation" means any activity

involving a facility that is needed for an improvement project including, but not limited to, the following:

(1) Abandoning. (2) Altering. (3) Deactivating. (4) Installing. (5) Maintaining. (6) Modifying. (7) Moving. (8) Removing. (9) Supporting.

Does not include maintenance, repair, or service work. That is work that is wholly at the election of and for the benefit of the utility

Example, a pipeline not in conflict with the improvement project and the utility wants to remove the casing

Definition – Relocation (2) This definition is extremely important

when evaluating what is compensable work.

IC 8-1-9-2(b) "Cost of relocation" shall include the entire amount paid by a utility properly attributable to such relocation, after deducting there from any increase in the value of the new facility and any salvage value derived from the old facility.

Summary Learning Objectives State Law Applicability Process - major steps Definitions Summary

UTILITY ACCOMMODATION POLICY(UAP)

Joe GundersenSenior Utility Engineer, INDOT

December 18, 2013

Agenda Learning Objective Why is there a UAP What is the purpose of the UAP Exceptions Permits Access Control Guidance - Location Guidance - Design Guidance - Construction Facility specific requirements Summary

Learning Objectives At the end of this presentation

the student will be able to: Explain why the UAP was developed State the purpose of the UAP Describe the scope of the UAP Know and apply permits defined by the

UAP Know and apply exemptions to the UAP Know and apply access control Know and apply guidance Know and apply facility unique

requirements

Why Why is there a UAP?

Federal Requirement. Required for work on roadways with

Federal funding Use it for all projects since funding

source may change

Purpose Purpose is to safely, reasonably and cost

effectively manage the right-of-way of the state highway system

INDOT’s goal in managing the right-of-way is to maintain the integrity, safe operation and function of the state highway system

FHWA requires a Utility Accommodation Policy for all Federally Funded Roadways

INDOT uses the Utility Accommodation Policy for all roadways independent of funding source

Scope The UAP only applies to utility facilities

within the (public) right-of-way Laws or orders of public authority, industry

or governmental codes that prescribe a higher degree of protection or standards prevail over this policy

The authority and responsibility to implement and interpret this policy resides with the INDOT Commissioner or his designated representative Currently that means Kenny Franklin

Permits Two types of permits New installations at the District or

electronic permitting system (EPS) Relocations for construction projects thru

utility coordinators and approved work plans

Permit required to work on state right of way

Permit required for all road closure use EPS INDOT may deny a permit INDOT may revoke a permit Why may INDOT revoke a permit?

Exceptions Our goal is to create a flexible policy to

minimize costs and impacts to the highway and utility

New approach – a utility may request an exception to any provision of this policy

Exceptions are considered thoroughly and individually

An approved exception is not considered a precedent for approval of any future request

INDOT may grant an exception on its own initiative

Access Control Non-limited access control facility Partial limited access control facility

Get with District to clarify Limited access control facility LA Right-of-Way at intersections – at grade or

separated grade: Access control is to protect the main roadway Even if LA Right-of-Way extends along secondary

roadway Crossing of secondary roadway in LA Right-of-Way is

acceptable Pulling in the LA Right-of-Way line is acceptable

to: Allow utility facilities on public Right-of-Way on LA

facilities Access must be from outside the LA Row line

Location (1) Utilities will install and relocate facilities with due

consideration for: Safety Operation Maintenance Aesthetic characteristics of the highway And other users of the highway

Minimize relocation for future highway improvements

Enable future installations of additional facilities Enable repair and upgrade with minimum

interference

Location (2) Above ground facilities in accordance with IDM

Chapter 303 Roadside Safety Crossing roadways at right angles or close thereto Crossing LA right-of-way supporting structures

outside LA right-of-way Longitudinal runs as close to the edge of the

right-of- way as possible Partial limited access longitudinal facilities

discouraged Full access control longitudinal facilities not

permitted Minimize installations under pavement Facilities not near or in areas of scenic

enhancement

Location (3) Must be capable of detection

Continuous metallic component Metallic tape or tracer wire

Warning device above high risk facilities Utility may place markers or signs in public right-

of-way Existing facilities may remain – must meet:

IDM Chapter 303 Utility Accommodation Policy

On urban streets comply with prevailing conditions

Avoid sites with high potential to interfere with construction

Design (1) Each utility is responsible for their design Utilities shall provide complete and accurate

drawings Cost to provide information belongs to utility Installations will comply with industry standards Designed for:

Long service life Use durable materials Relatively free from routine maintenance

Installed without disturbing pavement Boring and jacking allowed within limits Trenchless technology in accordance with 716

Design (2) If a utility wants to modify a permitted design

Permit addendum required Revised drawing required New installation submit to District Permit Manager Facility relocation submit to Utility Coordinator

Encourage multiple facilities in same duct or trench

If multiple facilities – one utility (owner) has the lead Light poles are single pole construction

Located in accordance with IDM Chapter 502 Above ground installations only

Utility poles Light poles Appurtenances

Construction (1) Preservation – minimize areas disturbed by

installation Restoration – timely return to equal or better

condition Trees – no spraying or trimming with out

permission Drainage – must maintain existing drainage

patterns Environmental permits – utility responsibility:

Erosion control Sediment control Storm water management

Control of Traffic – in conformance with: Indiana MUTCD INDOT Work Zone Safety Handbook Traffic Control Plan – IDM Chapter 503

Construction (2) Work Site Safety

Work site secure against hazard to the public INDOT may direct the work stop during inclement

weather Facilities maintained in good repair: functionally,

esthetically Records

Utility maintains all records Records will be accurate, complete, understandable Records will include service lines Records will be provided on request at no cost

Trenches, Bedding, Backfill Restoration of structural integrity of road bed Security of the pipe against deformation likely to cause

leakage Assurance against trench becoming a drainage channel

Construction (3) Underground Plant Protection Services

Refer to as Indiana 811 Covered under IC 8-1-26 Contact 2 days prior to digging Color coded markings

Pavement cuts Opening cutting of pavement not permitted

Road closures Must request a permit using electronic permitting

system Emergency Repairs

May be performed without a permit Contact the District prior to entering public right-of-way Submit permit application within seven working days

Construction (4) Inactive facilities

Out of service facilities – will be restored to use Retired in place facilities – will not be restored

to use No abandonment allowed – utility is always

responsible INDOT may inspect all facilities on public

right-of-way INDOT will provide notice of any deficiencies Utility will establish time frame for corrective

action

Structures Utility Structures

May construct bridge or tunnel to place facilities Utility is responsible for design, construction,

maintenance INDOT will participate in costs if utility is reimbursable

INDOT Structures No attachment for facilities of: hazardous, explosive,

high voltage, high pressure, heated Discourages attachment of all other types of facilities Utility will request in writing for permission to attach Utility will provide details of their requirements Utility agrees to pay all added costs of design and

construction Existing facilities require structural analysis by PE

Specific Facility Types Liquid petroleum lines Gas lines, high pressure Gas lines, low pressure & medium pressure Water lines Sanitary sewer lines Overhead power lines and communications lines Underground power lines Underground communication lines Irrigation and drainage pipes, ditches and canals Leave the specific details for your review

Specific Facility Types

Summary Learning Objective Why is there a UAP What is the purpose of the UAP Exceptions Permits Access Control Guidance - Location Guidance - Design Guidance - Construction Facility specific requirements Summary

10 State Standards

Joe GundersenSenior Utility Engineer, INDOT

December 18, 2013

Agenda Learning Objective Why discuss these standards What are these standards Relevant chapters Relevant facts Summary

Learning Objectives At the end of this presentation

the student will be able to: Explain why discuss 10 State Standards Describe what are these standards State the relevant chapters Know and apply relevant standards

Why discuss 10 State Standards Used by the water industry Review work plans for compliance

Drawings Cost estimates

Avoid future relocations for compliance

Understand reimbursable costs

What are 10 State Standards Recommended Standards For Water Works

2012 Edition Policies for the Review and Approval

of Plans and Specifications for Public Water Supplies

A Report of the Water Supply Committee of the Great Lakes--Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers

http://10statesstandards.com/waterrev2012.pdf

10 State Standards (2) Member states and province

Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, New York, Ohio, Ontario, Pennsylvania, Wisconsin

Published by: Health Research Inc., Health Education Services Division, P.O. Box 7126, Albany, NY 12224 (518)439-7286 http://www.healthresearch.org

Copyright © 2012 by the Great Lakes - Upper Mississippi River Board of State and Provincial

10 State Standards (3) Two relevant sections

Chapter 7 Finished Water Storage Chapter 8 Distribution System Piping

and Appurtenances

10 State Standards (4) Water mains should be laid at least 10 ft.

horizontally from sources of contamination Water mains crossing sewers should be

placed with at least 18 in. of vertical separation above or below

The minimum diameter of a water main which provides for fire protection and serving fire hydrants is 6 in.

The minimum diameter of a water main which does not provide fire protection is 3 in.

10 State Standards (5) Sewers, drains, standing water and other

sources of contamination must be kept at least 50 ft. from reservoirs

Properly tested gravity sewers may be used between 20 ft. and 50 ft. of a reservoir

For crossing under a body of water, a minimum cover of 5 ft. is needed

10 State Standards (6)

10 State Standards (7)

Summary Learning Objective Why discuss these standards What are these standards Relevant chapters Relevant facts Summary

Presentation Summary Covered the following in the last

50 minutes: 105 IAC 13 Utility Accommodation Policy 10 State Standards

Questions?