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105 IAC 13, UAP and 10 State
Aschalew Aberra, P.E.Highway Utility Engineer, INDOT
June 10, 2015
105 IAC 13
Aschalew Aberra, P.E.Highway Utility Engineer, INDOT
June 10, 2015
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 (30 days) ---- Utility authorized
representative Verification Phase (30 days) - Utility Designated
Contact Conflict Analysis Phase
(30/60)—Designer/UC/Utility Work Plan Preparation Phase (60/120 days) Agreement Phase Construction Phase (NTP 30 days in advance)
These phases will be discussed in more detail in other session specifically on these topics
Process – Revisions
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
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 UR Log/UTA. 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 --- Wind Mills, Solar Panels
105 IAC 13 does not apply when utilities install new lines by their own initiative.
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) Retiring (previously 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)
Aschalew Aberra, P.E.Highway Utility Engineer, INDOT
June 10, 2015
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 exceptions 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 (Utility initiated &
INDOT initiated) 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
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 by their own merit
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 (Outside clear zone/Obstruction free zone)
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 (outside of
wheel path) casting to grade – best practice Facilities not near or in areas of scenic
enhancement
Location (3) Must be capable of detection (underground
facilities) 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 (flexible)
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 with sufficient details Cost to provide information belongs to the 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 permitted only for
Utility poles Light poles (if in clear zone > breakaway design) Appurtenances to underground facilities (pedestals,
hydrants)
Construction (1) Preservation – minimize areas disturbed by
installation Restoration – timely return to equal or better
condition (INDOT Standard Specification) 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 (INDOT Standard Specification)
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 (No more abandoning)
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 Facilities in conflict –shall be removed by utility
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
Aschalew Aberra, P.E.Highway Utility Engineer, INDOT
June 10, 2015
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 (storm sewer or sanitary sewer)
Water mains crossing sewers should be placed with at least 18 in. of vertical separation above or below (minimum 45 degrees crossing)
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?
