Public Utility Easements _PUEs_ relating to liability issues

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                                  Requested by: Maryland
                                Survey Deadline: June 7, 2007
Maryland asks:

To date, Maryland has special provisions to include gas, water and sewer work in state
contracts, but not electric, telephone/fiber optic, and cable TV. We are currently
developing generic special provisions to include these other types of utility work in state
contracts. (meaning that the state highway contractor will perform the utility relocation
work as part of the contract) Do any other states have special provisions to include
electric, telephone & fiber optic, and CATV in highway contracts? If so, could I obtain
these special provisions, policies , procedures or what ever you have on this issue.

Nelson P. Smith, Jr.

Statewide Utility Engineer

Maryland State Highway Administration

211 East Madison Street, mailstop MLL4

Baltimore, Maryland 21202

(410) 545-5546


The State of Iowa has no special provisions for gas, electric, telephone/fiber optic and
cable tv.. We leave it up to the utility to perform the relocation.

Barry Sieh

Utility Relocation Negotiator

Iowa Dept. Transportation

800 Lincoln Way

Ames IA 50010

515-239-1183 (phone) 515-817-6691 (fax)

In Alabama, we have only included water, sewer and gas in the roadway contract.
There are union issues and specialty work in splicing fiber optic cable that have
prevented any telecommunication work being included in the roadway contract.

As far as special provisions are concerned, we were regularly writing special provisions
on a project by project basis until we revised our construction specifications. We worked
with a consultant engineer to add a section on natural gas and combined some water
sections and revised other utility related sections. We also worked on purging our pay
item list of numbers for obsolete materials and eliminated duplicates. This has virtually
eliminated the need to write a project specific special provision. The following is the link
to the construction specifications:

The utility sections are in the 600 range.

Robert G. Lee

State Utilities Engineer

Alabama DOT

1409 Coliseum Blvd.

Montgomery, AL 36110



Oklahoma's response,

We have only worked water and sewer in our construction contracts to date.

We would be interested in the results of this survey for other utility facilities.

Kurt A. Harms

Chief, Right-of-Way & Utilities

Okla. Dept. of Trans.

200 N.E. 21st Street

Okla. City, OK 73105

(405)521-2661 Office

(405)522-1858 Fax

Maine frequently includes water and sewer utility work within its transportation
construction contracts. It has not included other utility type work to date; however, there
is no restriction on it not to include such work. We do provide for electric and
communication underground and on bridge conduits for utility facilities; however, the
actual utility work has been done by the utilities themselves.

Charles Horstmann


Utah does not have anything that allows for non-state utilities in state contracts.

Justin Sceili

Statewide Permits and Utilities Coordinator

4501 S 2700 W

Box 148420

Salt Lake City, Utah 84114

Office: 801 964-4528

Fax: 801 965-3822


We have added water, sewer, gas, telephone conduit and manholes, and electric to
highway contracts in the past. Water and sewer have become fairly commonplace and
gas is a regular in some areas where we have trust with the gas companies. We have
see excellent prices for telephone conduit and manholes on occasion. We have handled
electric on a few limited occasions. We don't have a standard, cookie cutter special
provision. Each company has its own standards so we include specifications in the
bidder proposal that are written by the company or its agent.

Greg Smith

Transportation Engineer Branch Manager

Division of Right of Way & Utilities


 We do not allow our contractor to do this work as the DOT does not have the
inspection knowledge for this specialty work. We also do not want the liability should a
later failure occur. We do however perform trenching for these facilities as well as adding
ducts to our bridges for their use.
Bruce Vana

Engineer - Manager

Utility and Railroad Engineering


The Michigan DOT uses the attached procedure to have a highway contractor (or their
subcontractor) perform work on behalf of a utility company.

Mark A. Dionise, P.E.

Michigan Department of Transportation

Utility Coordination and Permits Engineer

(517) 373-7682


TDOT does include electric and FOC in state contracts. To date I cannot recall any
telephone nor CATV being contracted but it is by choice of the utility and not by
Department prohibition. I do expect CATV to be occurring soon, in the past they have
chosen not to participate in Chapter 86 reimbursement, but recently have shown
interest. Under CH86 qualified projects, if the utility relocates prior to the project letting
or includes the work in the state contract they are eligible for reimbursement. Over 60%
of the utilities are including work in the state contract. Power is generally including work
in the state contract which in turn necessitates the joint use pole occupants to in like
manner include their work in the state contract. By statute a utility with a negotiated
labor agreement, such as BellSouth dba AT&T, are accommodated in the process for
union labor to perform the work, therefore phone work is not normally performed by the
state contractor. TDOT requires the utility to submit plans and specifications which
become part of the state contract. Since the utility must maintain the facility once it is
constructed, the specifications are explicit to the utilities requirements. Liability of the
plans and specifications are placed on the utility. So far there have been no issues with
this process.

Joe Shaw

TDOT Utilities Office

Suite 600 JK Polk Bldg.

Nashville, TN 37243-0337

Phone: 615.741.2891

Fax: 615.532.1548

CELL: 615.202.7268

                                    SOUTH DAKOTA

South Dakota does not include any utility work in our State contracts. Water and sewer
work is sometimes let for municipalities, but the municipality must produce a stand-alone
set of plans that is let in combination with the State contract. Those utility contracts are
awarded for the local entity who will manage the contract.


Delaware does not have special provisions to include electric, telephone & fiber optic,
and CATV in highway contracts. In Delaware that work is done by the utility companies.

Francis J. (Fran)Hahn, PE, AICP, Utilities Engineer

Delaware Department of Transportation


                                    NORTH DAKOTA

NDDOT does not have any special provisions regarding this issue.


The Texas Department of Transportation allows any type of utility to be included in the
state highway contract with the exception of a private utility. High pressure gas lines can
be included in the highway contract, under more scrutiny.


Charon Jones

Utilities Agent, Right of Way Division

Texas Department of Transportation

(512) 416-2956

This is a follow up to the previous response. Although high pressure gas lines can be
included in the state highway contract, TXDOT does not encourage or recommend this
due to concerns for the safety of the public. We are currently conducting a research
project that will assist in the development of special provisions and standard units for all
adjustments included in the state highway contract.

Charon Jones

Utilities Agent, Right of Way Division

Texas Department of Transportation

(512) 416-2956

This is a follow up to the previous response. Gas lines are permitted within the state right
of way. High pressure gas lines are allowed, with an in depth review for the safety of the
public. Please refer to TXDOT Utility Accommodation Rules: for more information.


We have gas, water and sewer specs; we are working on completing an electric
distribution spec – we can send you this information upon completion/approval. We
have not started on communications/fiber optics/CATV as of today, but plan on seeing
some work on these facility specifications in the near future.

 Jeff Baker, P.E.

State Utilities Engineer

Georgia Dept. of Transportation

935 E. Confederate Ave., Bldg. #24

Atlanta, GA. 30316

404-635-8045 (w)

404-635-8066 (fax)


We do not have a Special Provision to include electric, telephone & fiber optic, and
CATV in highway contracts. I would also like a copy of what other States have in place.

 Walt Scott

Supervisor - Utility Section

Right-of-Way Bureau

2701 Prospect Avenue
PO Box 201001

Helena, Montana 59620-1001

(406) 444-6080