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UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S., P.E. Utility Mapping Services, Inc. AASHTO Subcommittee for Right of Way, Utilities, and Outdoor Advertising Salt Lake City, Utah April 27 – May 1, 2014

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Page 1: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

UDOT Utility Management and Innovative Contracting Strategy

Philip J. Meis, M.S., P.E. Utility Mapping Services, Inc. AASHTO Subcommittee for Right of Way, Utilities, and Outdoor Advertising Salt Lake City, Utah April 27 – May 1, 2014

Page 2: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Overview

• CI/ASCE 38 Data Acquisition and Conflict Analysis

• Utility Coordination and Design Mitigation

• Master Agreements – Merge independent efforts

• Innovative Contracting – Instructions to Proposers – Supplemental Agreements – Benefits & Pitfalls

• Case Study

Page 3: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Unlike Other DOTs, UDOT Has Major $kin in the Game

Municipalities, Service Districts and Water Companies

100% Reimbursable under Utah Law. Relocation work typically completed as part of Contract.

Private Utility Companies

50% Reimbursable under Utah Law.

Page 4: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Strategy Item #1 – Obtain Good Data

After Data Mapped Per CI/ASCE 38-02

Radical New Approach in 2003: SR201 - Bangerter to Jordan River ($53M Design Build)

Before Data Mapped Per CI/ASCE 38-02

UDOT Sponsors QL B and A Acquisition

Page 5: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Strategy Item #1 – Obtain Good Data

• Include Inventory of Overhead Facilities

• Identify Small Irrigation and Water Companies

• Test Holes at Apparent Areas Where 3D Coordinates Useful

Page 6: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Strategy Item #2 - Early Planning, Analytics and Coordination

• Project Utility and Railroad Coordinator Position

• Project Overview Meetings with Municipal Public Works, Service Districts, and Utility Companies

• Individual Meetings

• Conflict Analysis (UCM Completion) PARIS DISTRICT As Of: August 19, 2009 UTILITY ADJUSTMENT REPORT

CountyHighwayROW CSJ

Name of Utility Reimbursable?Location of Agreement Package

Packet Status? Current Action Adjustment

Status

Responsible TxDOT

Employee

Amount Approved

Amount Billed 90% Payment Audit Exceptions

10% Retainage

Outstanding Balance

Verizon No ROW Approved U11114: Relocation is complete. NR Complete Keith Hollje

TXU Electric Yes ROW Approved U11655: Relocation & Reimbursement is complete Complete Keith Hollje 74,397.96$ 62,850.69$ 56,565.62$ -$ 6,285.07$ -$

Atmos Energy (Trans) Yes ROW Approved U12208: Relocation & Reimbursement is complete Complete Mike Powers 235,912.59$ 184,436.76$ 165,993.08$ -$ 18,443.68$ -$

Atmos Energy (Distribution) No ROW Approved U12446: Relocation is complete. NR Complete Mike Powers

SS Water & Sewer No ROW Approved U12450: Relocation is complete. NR Complete Mike Powers

TXU Distribution No ROW Approved U12614: Relocation is complete. NR Complete Mike Powers

Sudden Link Communications No AO Approved Relocation is complete by Permit. NR Complete Tim Taylor

People's Telephone No AO Approved Relocation is complete by Permit. NR Complete Tim Taylor

Shady Grove WSC No AO Approved Relocation is complete by Permit. NR Complete Tim Taylor

310,310.55$ 247,287.45$ 222,558.70$ -$ 24,728.75$ -$

Caddo Basin Yes ROW Approved U11423: Relocation & Reimbursement is complete. Complete Mike Powers 853,746.47$ 783,618.01$ 705,256.21$ -$ 78,361.80$ -$

Verizon No ROW Approved U11450: Relocation is complete. NR Complete Mike Powers

One OK Pipeline Yes ROW Approved U11523: Relocation is complete. Reimbursement has not been submitted.

Complete Keith Hollje 229,170.00$ -$ -$ -$ -$ 229,170.00$

Cap Rock Energy Yes ROW Approved U11524: Relocation & Reimbursement is complete. Complete Mike Powers 741,668.69$ 741,668.69$ 667,388.42$ (27,771.80)$ 46,508.47$ -$

AT&T No ROW Approved U11526: Relocation is complete. NR Complete Mike Powers

Explorer Yes ROW Approved U11534: Relocation & Reimbursement is complete. Complete Keith Hollje 191,805.22$ 201,206.44$ 181,085.80$ -$ 20,120.64$ -$

Energy Transfer (Gas) Yes ROW Approved U11695: Relocation is complete. Reimbursement returned to Utility 4/29/09. No Coorespondence!

Complete Mike Powers 370,006.39$ 420,136.25$ -$ -$ -$ 370,006.39$

GEUS No ROW Approved U11850: Relocation is complete. NR Complete Mike Powers

AT&T No ROW Approved U12358: Relocation is complete. NR Complete Mike Powers

TMPA No n/a n/a No effect (no adjustment required) n/a Mike Powers

Comcast No n/a n/a No effect (no adjustment required) n/a Mike Powers

Kinder-Morgan No n/a n/a No effect (no adjustment required) n/a Mike Powers

2,386,396.77$ 2,146,629.39$ 1,553,730.43$ (27,771.80)$ 144,990.91$ 599,176.39$

AT&T No ROW Approved U11525: Relocation is complete. NR Complete Mike Powers

Atmos Energy (Pipeline) Yes ROW Approved U12012: Relocation & Reimbursement is complete. Complete Mike Powers 193,912.59$ 73,187.29$ 65,868.56$ -$ 7,318.73$ -$

Atmos Energy (Distribution) No ROW Approved U12013: Relocation is complete. NR Complete Mike Powers

Caddo Basin Yes ROW Approved U12026: Relocation & Reimbursement is complete. Complete Mike Powers 651,005.00$ 383,518.60$ 345,166.74$ -$ 38,351.86$ -$

TMPA Yes ROW Approved U12076: Relocation is complete. Supplemental Agreement approved 8/06/09.

Complete Mike Powers 514,097.06$ 516,702.66$ 462,196.85$ -$ 51,355.21$ 51,355.21$

GEUS No ROW Approved U12077: Relocation is complete. NR Complete Mike Powers

TXU Electric(Transmission) No ROW Approved U12079: Relocation is complete. NR Complete Mike Powers

GEUS Yes ROW No U12445: Utility Package approved 5/19/09. Utility working on relocation.

35% Mike Powers 88,073.29$ -$ -$ 88,073.29$

City of Greenville (Water) No AO n/a City has already moved utility on private easement. (no agreement required)

n/a Mike Powers

City of Greenville (Sewer) No AO n/a City has already moved utility on private easement. (no agreement required)

n/a Mike Powers

Cap Rock Energy No AO n/a No effect (no adjustment required) n/a Mike Powers

1,447,087.94$ 973,408.55$ 873,232.15$ -$ 97,025.80$ 139,428.50$

Changes since last update in RED

HOPKINSSH 11

ROW CSJ: 0083-03-046

SH 190108-09-039

HUNT US 380

ROW CSJ: 0135-06-022

HUNT US 380

ROW CSJ: 0135-07-037

Page 7: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Project Overview Meetings

Municipalities, Service Districts and Water Companies

• Relocation work typically

completed as part of Contract.

• First experience with Design Build.

• Develop trust, learn together.

• Allow time to budget for Betterments.

Private Utility Companies • Previous bad experience with

Design Build projects.

• Listen to concerns and address issues in RFP.

• Reestablish trust, desire to improve process.

• Communicate requirements to Design Build proposers.

Page 8: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Strategy Item #3 – Empower Contractor

In Request for Proposal:

• Complete and Accurately Qualified Utility Information (Per CI/ASCE 38)

• UCM

• Master Agreements between DOT and Utilities

• Promote Avoiding Relocations during Design (via Utility Work Bid Line Item)

• Promote Utility Work by Design Builder (via Supplemental Agreements)

Page 9: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Utility Agreements

Page 10: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Master Agreements Purpose • State and Federal reimbursement terms

and conditions up front. • Formalize commitments between DOT

and Third Parties. • Allocate responsibility for design and

construction. Suggestions: • Use standard agreement language on all

projects. The site specifics may change, but relocation laws and approach stay the same.

• Provide existing utility facility information, requirements and consequences, but don’t try to anticipate impacts or pre-engineer solutions. It ties the hands of your Design Builder and assumes risk.

Supplemental Agreements

• Details of Identified Relocations or Adjustments

• Cost Estimate • Betterments • Plans

Page 11: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Request for Proposals Utility Requirements including: • General Terms and Conditions • DOT and Federal Standards and

References • Performance Requirements • Design and Construction Criteria • Submittals • Warrantees

• Prime responsible to specify mutually agreeable proposed utility work compatible with project design, master agreements, and other utilities.

• Prime responsible for all coordination, surveying and traffic control required by utilities.

Also included in RFP: • Fully executed Master Agreements • Complete Utility Contact and

Responsibility Log with information from Master Agreements

• Municipal, Service District and Utility Company Reference Documents, Specifications and Standard Drawings

• CI/ASCE QL B data, targeted QL A and Overhead Inventory with observed clearances

Questions for utility and railroad companies submitted as RFI to DOT. Posed questions and provided answers to all proposers in the Addendums, unless identified as proprietary.

Page 12: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Instructions to Proposers Incentive/Disincentives

Utility Relocation Cost • Provide a means in Proposal

Price to consider cost of utility relocations

• Provide incentive/disincentive to the Proposer to minimize cost of utility relocations

• Allocate anticipated utility relocation costs between the Contract Proposal Price and a Utility Relocation Line Item

• Share cost savings or overrun between Utility Relocation amount and actual cost of utility relocations with Prime

Performance Evaluation • Encourage, reward consistent and

superior performance over the term of contract

• Criteria rating – low score nullifies award for that period

Criteria • Accommodate utility company

schedules • Coordinate utility work to minimize

impact to public • Cooperate with utility companies • Minimize utility delays

Page 13: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Coordination During Design and Construction Supplemental Agreements

• DOT Designates Utility Coordinator to be Principal Contact for all utility related Project Activities.

• Prime designates Utility Engineer to design utility work performed by Prime and integrate utility company performed designs into project plans.

• Weekly Coordination Meetings throughout duration of project.

• Supplemental Agreements negotiated by Prime and reviewed and executed by DOT.

Supplemental Agreements Include: • All terms of Master Agreement by

reference, unless otherwise specified. • Location of work • Description of work to be performed,

including proposed location and plan sheets attached.

• Anticipated duration of work. • Estimated Detailed Cost of Work • Utility and DOT shares of cost • Betterments • Authorization to Proceed

Page 14: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Benefits • Utilities included in project development and realize cost

reduction (work is value engineered by designer, prime contractor).

• Decreases project risk (e.g., damage, health and safety, schedule, public and commerce disruption, project budget)

• Transfers control and responsibility to prime, reduces utility related delay claims resulting from third party failures to perform

• Project schedule optimized • Utility work is optimized • Contractor has tighter bid - utility unknowns are largely

eliminated, less contingency required • Contractor can work deals with utilities – e.g., offer betterment

opportunities, joint construction work, etc. (state statutes prohibit DOT’s to cutting deals or even managing utility work.)

Page 15: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Benefits

Handles Inherent Project Dynamics • Delays utility work until project funded

and authorized • Work Scope, Project Limit, Priority

Changes –Avoid premature relocates

• Manages Aggressive Timelines

Page 16: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

SR-201 Utility Relocation Savings

$1 Million anticipated telephone duct relocate $1.4 Million in additional utility relocations

$2.4 Million total

Project spent $200,000 on S.U.E. and required contractor to bid utilities as part of proposal.

Contractor awarded the project designed around majority of utilities and bid $630,000 for utility relocation.

Contract called out 60/40, contractor/DOT saving split on design savings.

Upon completion utility relocation costs totaled $480,000 Total cost savings of around $2 million

Page 17: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Standardize Process

• Digital As-Built Data Standards • Standard Use of CI/ASCE 38-02 for Subsurface Utility

Engineering • Standard Use of Conflict Matrices • Master Agreement Standards • Proposal and Bid Document Standards • Pre-qualifications for SUE / Coordination

Page 18: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Lessons Learned

• Establish good relationships and trust with third parties. Make utility representatives part of your team and invest them in the project’s success. They are residents and highway users, too.

• Clearly communicate to Prime they are expected to join and maintain those relationships. Recognize and reward good cooperation throughout the design and construction of the project.

• Work hard up front. Provide complete and accurate information about utility requirements and facilities in the RFP. Leaving discovery for the individual proposers results in an undue burden on utility representatives, introduces inconsistency into the proposals, and reduces time utilities have to anticipate work, potentially creating delays and not preventing them.

• Facilitate completion of betterments before or during construction - it’s good for the roads and good for the companies.

• Be fair, encourage the spirit of partnering between all parties.

Patty Jones – UDOT

Page 19: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Benefits • More Sophisticated Approach, Enables

More Sophisticated Solutions

• Reduces Risk

• Reduces Cost

• Holds Public Welfare Paramount

“Engineers, in the fulfillment of their professional duties, shall hold paramount the safety, health, and

welfare of the public.” – National Society of Professional Engineers Code of Ethics

Page 20: UDOT Utility Management and Innovative …sp.rightofway.transportation.org/Documents/Meetings/2014...UDOT Utility Management and Innovative Contracting Strategy Philip J. Meis, M.S.,

Enjoy Your Stay in Salt Lake City!

Philip J. Meis, P.E., SUE Principal Engineer Utility Mapping Services, Inc.

p. 406.933.5300 c. 801.209.2032 [email protected]

www.umsi.us