Utility Program Legislation Overview

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• Do you own or operate a utility?• The law applies to all public and private utility providers and owners

• Do you produce PE sealed bid plans for a public entity or special district?

• The law applies to Colorado Professional Engineers who seal horizontal construction (civil engineering) plans for public sector work.

• Do you issue permits to entities that perform work within public right-of-way?

• Access permits, Special Use Permits, and Utility Permits through CDOT are required to comply if the proposed construction meets the four criteria listed within the legislation.

Does this legislation apply to me?

Stakeholders: PHMSA safety regulation & Modernize 811 One CallSB 18-167

Enacted by the General Assembly of the State of Colorado, effective August 8, 2018

How We Got Here

In 2016, the United States Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) conducted an adequacy evaluation of Colorado's enforcement of its excavation damage prevention law and determined that the enforcement is inadequate, which may eventually result in the withholding of federal funds from Colorado.

How We Got Here

• PHMSA State Base Grant funding by may be reduced by 4% • CCA and some key stakeholders worked to draft legislation designed to

phase in a true one-call system and create more accountability for all parties.

• Bill was co-sponsored by: Sen. Ray Scott (R) and Sen. Kerry Donovan (D)• April 17th, 2017 deadly house explosion in Firestone, CO.• Bill was signed May 25th, 2018 by Gov. Hickenlooper• SUE Portion of the law executed on August 8, 2019.

Main Policy Issues:

1) Safety Commission2) New Definitions 3) Utility Plan and Investigation

Requirements per ASCE 384) 811 Call – SUE Notification (Records

Research)5) Mandatory Colorado811 Membership

What the Legislation Says

• 15 member commission appointed by the governor• Create Best Practices and Training to prevent damage• Adhere to Marking and Documentation standards• Review complaints related to the law• Order remedial actions or penalties• Fines from $250.00 to $75,000

Enforcement: Safety Commission

• Will there be an entity responsible for holding stakeholders accountable under the new law?

: Yes. A Colorado Safety Commission will have the responsibility to enforce the provisions of the law related to safe practices. The Safety Commission can impose penalties for failure to comply with the law. Home Rule cities may create a safety commission which also have the power to impose penalties for failure to comply with the law. Facility owners and operators and excavators may bring civil actions for damage claims separate from the actions of the Safety Commission.

Enforcement: Safety Commission

• All underground facility owners and operators will be required to be Tier 1 members of the Utility Notification Center of Colorado by 1/1/2021.

True One Call System

• When will Tier Two Members need to start paying for tickets as a Tier 1 Member?

: All Tier 2 members who convert to Tier 1 will not be charged outgoing transmission fees until 1/1/21.

FAQ:

• All new underground facilities –including services - must be electronically locatable when installed

New Underground Facilities

Subsurface Engineering Quality Levels

I. Quality Level – D - Most basic; existing records and verbal recollections

II. Quality Level – C - Surveying visible above ground utility facilities

III. Quality Level – B - Use of appropriate geophysical methods to determine the existence and horizontal position of virtually all subsurface utilities called ‘designating’I. Utility Quality Level B (QLB) is a value assigned to a utility segment or subsurface utility

feature whose existence and position are based upon geophysical methods combined with professional judgment and whose location is tied to the project survey datum. QLB is more uncertain than QLA and less uncertain than QLC or QLD.

II. Approximate horizontal location of utility -

IV. Quality Level - A: Precise mapping through exposure of utility; provides type, size, condition, and material and is called ‘locating’

ASCE 38 Definitions

I. What is Subsurface Utility Engineering (SUE)?: I. A thorough subsurface utility engineering investigation takes the results of a

comprehensive geophysical search for known and unknown utilities and integrates the results of the geophysics with existing records and physical evidence in a risk-based depiction.

II. Test holes are only provided where needed, virtually eliminating the issues of “dry” holes.

III. Data is transmitted to the design engineer with enough time for that engineer to make informed design decisions.

IV. All of the utility investigation takes place under the direct responsible charge of a licensed professional engineer with training and a working knowledge of surface geophysics, engineering surveying, utility construction and design principles, utility conflict identification resolution, and utility risks as they pertain to the project. I. The term “professional engineer” in regard to utilities is becoming more and more to be

further sub-classified as “utility engineer,” and is one of the reasons for the genesis of ASCE’s Utility Engineering and Surveying Institute.

ASCE 38 Guidance

Four Criteria

1. Project involves a construction contract with a public entity;

2. Project involves primarily horizontal construction and does not involve primarily the construction of buildings;

3. Anticipated excavation footprint that exceeds 2 feet in depth and that is a contiguous 1000 square feet (excluding fencing and signing projects)

1. OR involves utility boring; and

4. Project requires the design services of a licensed PE.

SB 18-167 SUE Required Project

SUE plans required when all of the above conditions are applicable

DSR Does the Project

meet the criteria set forth

in SB 18-167? "SUBSURFACE

UTILITY ENGINEERING

NOTIFICATION"

"SUBSURFACE UTILITY

ENGINEERING-REQUIRED PROJECT“ QL-D/C/B

Investigation per SB 18-167

Design Phase FIR to FOR QL – A/B

Investigation

Design Phase FOR to

Construction –Pre construction

utility conference

Construction –CM and As-built

drawings

Planning Stage Construction Stage30-90% Design Stage0-30% Design StageQL-B - 10% design goal

Utility Coordination Activities

90-100% Design Stage

CDOT SUE Required Project Process

I. Design Scoping Review (DSR) **NEW Process**

I. Determine if SB 18-167 applies – Use Four Criteria

II. Initiate "SUBSURFACE UTILITY ENGINEERING NOTIFICATION,” (Records Research) through Colorado811

III. Establish estimate and project specific Subsurface Utility Engineering Scope of Work for inclusion into Design Phase.

CDOT SUE Required Project Process

DSR Does the Project meet the criteria

set forth in SB 18-167?

"SUBSURFACE UTILITY

ENGINEERING NOTIFICATION"

Planning Stage

I. Design Phase—Scoping to Field Inspection Review FIR (0%-30%)

I. "SUBSURFACE UTILITY ENGINEERING-REQUIRED PROJECT“

I. SUE Investigation following ASCE 38 standards

I. Thorough SUE QL-B Investigation

II. Standardized Line Work when depicting utilities

III. Justification Notes

CDOT SUE Required Project Process

"SUBSURFACE UTILITY

ENGINEERING-REQUIRED PROJECT“ QL-D/C/B

Investigation per SB 18-167

0-30% Design StageQL-B - 10% design goal

SB 18-167 states that the Professional Engineer ("PE") designing the project must:

• Notify 811 that there is a SUE Required Project in the works. • (“SUE Notification” – Records Research)

• The depiction of utilities on stamped plans must meet or exceed ASCE 38 standards, OR document the reasons why the stamped plans do not meet or exceed Quality level B; and

• Attempt to achieve Quality level B utility designating on the project site UNLESS a reasonable rationale by a licensed PE is given for not doing so; and

• Document reasons why any underground facilities depicted in stamped plans do not meet or exceed Quality level A for underground facilities at the point of a potential conflict w/ installation of a gravity-fed system (Sanitary and/or storm water systems).

Subsurface Utility Engineering Plans

SUE Engineering Plans

Attribute: A defined characteristic of a Utility Feature or Utility Segment. Examples of utility attributes include owner; utility type; size and shape; encasement; configuration; operational status; outside diameter; configuration of non-encased, multi-conduit systems; age / date of installation; condition; and materials. Quality level is a conclusion of the professional based on facts, means, methods, attributes and judgment.

• The precision and reliability of underground information both increase from QLD to QLA.

• The costs of obtaining utility data also usually increase from QLD to QLA.

• After utilities are depicted on a plan set or in a GIS database according to their achieved utility quality levels, these data can then be used for a wide range of purposes where location and existence risk are factored.

• Such uses include utility conflict identification, relocation versus amended design element considerations, areas for further investigation, utility coordination functions, damage prevention, and so on.

• These functions and this process, where risk is measured through an assessment of the project elements and assignment of a utility quality level, is a major component of SUE.

After following the ASCE 38 standard, an engineer should be comfortable with the following general note on the plans for the utility depictions:

Utilities are depicted on these plans in accordance with their achieved “Quality Levels” as defined in the American Society of Civil Engineer’s document ASCE 38, “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data.”Reliance upon these data for risk management purposes during bidding does not relieve the excavator or utility owner from following all applicable utility damage prevention statutes, policies, and/or procedures during excavation.It is important that the contractor investigates and understands the scope of work between the project owner and their engineer regarding the scope and limits of the utility investigations leading to these utility depictions.

Sample Engineer Note on Construction Plans

I. Design Phase—FIR to Final Office Review FOR (30%-90%)

I. Test holes QL-A.

II. Design Phase—FOR to Pre-Construction Meeting (90% -100%)

I. Pre-Construction Utility Conference.

III. Construction Phase

I. Utility Construction Management Inspection and As-built data.

CDOT SUE Required Project Design Process

Design Phase FIR to FOR QL – A/B

Investigation

Design Phase FOR to

Construction – Pre

construction utility

conference

Construction – CM and As-

built data

Construction Stage30-90% Design Stage 90-100% Design Stage

DSR Does the Project

meet the criteria set forth

in SB 18-167? "SUBSURFACE

UTILITY ENGINEERING

NOTIFICATION"

"SUBSURFACE UTILITY

ENGINEERING-REQUIRED PROJECT“ QL-D/C/B

Investigation per SB 18-167

Design Phase FIR to FOR QL – A/B

Investigation

Design Phase FOR to

Construction –Pre construction

utility conference

Construction –CM and As-built

drawings

Planning Stage Construction Stage30-90% Design Stage0-30% Design StageQL-B - 10% design goal

Utility Coordination Activities

90-100% Design Stage

CDOT SUE Required Project Design Process

Geophysical techniques are non-invasive technologies used to image subsurface conditions in the earth through measuring, analyzing, and interpreting physical properties. Every geophysical technique depends upon the ability to identify contrasts in subsurface materials that include various properties. Examples of common geophysical techniques for utilities include: pipe and cable locators; ground penetrating radar (GPR); metal detectors; magnetics; closed-circuit television (CCTV); and elastic wave methods. It is important that a professional is familiar with, and has access to, various geophysical techniques for the successful designation of underground utilities.

Quality Level B - Geophysical Methods

Purdue University – Jan. 2000> Commissioned by FHWA> $4.62 Return on $1.00 Investment> Estimated $1B National Savings/Year

> 71 projects> VA, OH, NC, TX> Construction costs > $1B

University of Toronto – 2005> Commissioned by Ontario Sewer &

Watermain Contractors Association> $3.41 Return on $1.00 Investment

Penn State University – 2008> Commissioned by PENNDOT> $21.00 Return on $1.00 Investment

ASCE 38: Return on Investment

• Costs range from 0.5% to 1.5% of total construction (on average)• Small rural projects with few utilities are less costly• Large urban projects with a significant number of utilities are

more costly.

• Does your capital improvement budget anticipate this cost increase?

Estimated Costs

Questions