UNDERGROUND UTILITY LOCATIONS MAKING OHIO A SAFER PLACE TO EXCAVATE. Darren D. Owens, PE, SI City Engineer City of Lebanon, Ohio
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1 UNDERGROUND UTILITY LOCATIONS MAKING OHIO A SAFER PLACE TO EXCAVATE Darren D. Owens, PE, SI City Engineer City of Lebanon, Ohio
2 TYPICAL PROJECT PROCESS (Public & Private) Design Project owner hires a consulting firm to design project Project area is surveyed to gather field data that includes contacting OUPS Construction plans are prepared Coordination with utility companies Plans completed and project is bid for construction Construct Contractor is hired OUPS is contacted for excavation tickets Construction of project PROTECTION OF UNDERGROUND UTILITIES BEGINS WITH THE DESIGN PROCESS
3 STORM SEWER PROJECT Intent of project was to do a direct in-line replacement of an existing 30 storm sewer 1 st Quarter of 2007 Design 3/16/ OUPS contacted by design firm for utility markings 10/25/2007 & 11/1/ Project advertised for Bids 11/9/ Project bids due 11/27/07 - Contract awarded CASE STUDY 2/10/08 - Contractor call to OUPS for construction utility markings 2/12/08 Numerous conflicts with underground utilities revealed. Complete redesign of storm sewer system required while contractor on sight. Significant change order. BID AMOUNT $373, FINAL CONTRACT AMOUNT $536,715.18
4 COMPLETED DESIGN PLANS AS PROVIDED FOR BIDDING
5 COMPLETED DESIGN PLANS AS PROVIDED FOR BIDDING
6 COMPLETED DESIGN PLANS AS PROVIDED FOR BIDDING
7 REVISED PLANS AFTER CONSTRUCTION MARKINGS
8 REVISED PLANS AFTER CONSTRUCTION MARKINGS
9 REVISED PLANS AFTER CONSTRUCTION MARKINGS
10 HOW DID THIS HAPPEN? 1) Installation of underground utility lines over top of existing storm sewer within the R/W. 2) Failure of utilities to be marked and/or information to be provided to design firm during the design process. OUPS contacted on 3/16/2007 by design firm in accordance with ORC (B). 3) Design markings not required in contract between utility owner and locator. 4) Lack of communication between project owner/designer/utility companies/locator. 5) Plan review process. HOW DO WE MAKE IT BETTER? 1) CHANGE of culture. For decades, when it comes to design services, surveyors/design engineers have called OUPS to inform them there is a backhoe on site and they will be excavating. 2) Communication-Communication-Communication between project owner/design firms/utility companies/locating companies 3) Education of higher management level positions of all parties involved regarding utility markings. 4) Understanding of the process for each stakeholder involved. 5) CHANGES TO OHIO S DIG LAW
11 OHIO S DIG LAW ISSUES *Not a true one call State OUPS OGPUPS - LBP s (Limited Basis Participants (LBPs) owner/operator of underground facilities that elect to not be classified as a full voting and participating member of OUPS. An LBP is not eligible to receive excavation notifications from O.U.P.S.) *2 Separate Laws ORC Public Title 3781 Private Lack of enforcement Exemption of Municipalities/Government for less than 12 *Not clear regarding utility markings during design process (*Corrected with passing of HB 458 in December 2012)
12 OHIO S DIG LAW HAS BEEN REVISED & STILL UNDER REVISION ORC (Public Work) & Title 37 (Private Work) Ohio Designer, Engineer, Government Entity, Utility Partnership (ODEGEUP) Formed in February of 2010 in coordination with the Southwest Ohio Utility Safety Council Group was established to discuss underground utility locates during the design process Meets the 2 nd Tuesday of the month OR when needed Ohio Underground Damage Prevention Coalition Formed in January of 2011 Stakeholders involved utility owners, contractors, governments, locators, one call centers Numerous sub-committees Marking Standards, Defined Limits, Stakeholder Responsibility, Positive Response, Enforcement, Technical
13 PHMSA PIPELINE & HAZARDOUS MATERIALS SAFETY ADMINISTRATION PHMSA s goal is to strengthen state damage prevention programs PHMSA promotes implementation of the nine elements of effective damage prevention programs outlined in the Pipeline Inspection, Protection, Enforcement and Safety (PIPES) Act of 2006 PHMSA developed the Damage Prevention Assistance Program (DPAP) Guide in 2008 to assist States with strengthening damage prevention programs PHMSA s position is that damage prevention law enforcement is a state and local responsibility PHMSA has evaluated dig laws for all states to see how they meet the 9 elements, which laws are deficient, and which states they need to move into and assist with developing regulations
14 PHMSA Ohio Results of State Damage Prevention Program Characterizations Element Legend: The Nine Elements of Effective Damage Prevention Programs include the following. Follow each link to see a map of how the elements are implemented among the states. Element 1 - Enhanced Communication between Operators and Excavators Element 2 Fostering Support and Partnership of all Stakeholders Element 3 Operator s Use of Performance Measures for Locators Element 4 Partnership in Employee Training Element 5 Partnership in Public Education Element 6 Enforcement Agencies Role to Help Resolve Issues Element 7 Fair and Consistent Enforcement of the Law Element 8 Use of Technology to Improve the Locating Process Element 9 Data Analysis to Continually Improve Program Effectiveness
15 Ohio Underground Damage Prevention Coalition Meets the 4 th Tuesday of every month in Columbus Information on the coalition can be found on OUPs web page: Is a continuous working group to suggest modifications to Ohio s dig law to make excavation in the State of Ohio safer Through the work of the sub-committees and acceptance by the Coalition, revisions to Ohio s Dig Law were recently signed by the Governor on December 20, House Bill No. 458 was introduced by Representative Robert Sprague and Senate Bill No. 354 was introduced by Senator Bill Coley. Both bills evolved to read the same. HB 458 was chosen by Congressional Leadership to present to the Governor.
16 H.B. No. 458 CHANGES TO OHIO S DIG LAW ORC Section OHIO S DIG LAW CHANGES HB 458 SIGNED BY GOVERNOR ON 12/20/ (B)(2) Provides language for utility owners to provide markings/plan information during design (C) This represents some of the major changes Provide language for contractor to notify protection service of excavation. Sets up One Call service. (D) Approximate Location definition revised: means the immediate area within the perimeter of a proposed excavation site where the underground utility facilities are located. (E) Tolerance Zone definition added: means the site of the underground utility facility including the width of the underground utility facility plus eighteen inches on each side of the facility. (G) Surveyor added to the definition of Designer (O) Definition of Commercial Excavator added: means any excavator, excluding a utility as defined in this section, that satisfies both of the following: (1) for compensation, performs, directs, supervises, or is responsible for the excavation, construction, improvement, renovation, repair, or maintenance on a construction project and holds out or represents oneself as qualified or permitted to act as such; (2) Employs tradespersons who actually perform excavation, construction, improvement, renovation, repair, or maintenance on a construction project. (Q) Positive Response System definition added: means an automated system facilitated by a protection service allowing a utility to communicate to an excavator the presence or absence of any conflict between the existing underground utility facilities and the proposed excavation site. (R) One Call Notification system definition added: means the software of communications system used by a protection system to notify its membership of proposed excavation sites (D) added Each utility fully participating in a protection service pursuant to this section shall also participate in its affiliated positive response system. Each utility participating in a protection service on a limited basis shall directly communicate to the excavator the presence or absence of any conflict between the existing underground utility facilities and the proposed excavation site.
17 ORC Section added H.B. No. 458 CHANGES TO OHIO S DIG LAW OHIO S DIG LAW CHANGES HB 458 SIGNED BY GOVERNOR ON 12/20/12 An excavator, contractor, or utility that utilizes a protection service shall obtain training in the protection of underground utility facilities. An excavator, contractor, or utility shall be deemed to have obtained that training if the excavator, contractor, or utility is a member of a protection service or a statewide association representing excavators, contractor or utilities and the service or association provides that training. An excavator, contractor, or utility also may obtain the training from such a service or association without becoming a member Following wording removed: Sections to do not apply to public improvements as defined in Section of the Revised Code. This makes it one law (C)(2) Provides language for utility owners to provide markings/plan information during design added Beginning on July 1, 2013, each protection service shall reasonably modify its one-call notification system so as to permit the reasonable identification of the location of a proposed excavation site in a manner in which the protection service may then notify any potentially affected limited basis participants. Each member of a protection service, including limited basis participants, shall be responsible for providing current contact information to the protection service (E) (C) (B) added Language added that requires utility owners and excavator to mutually agree to a marking schedule for larger project areas based on the construction time line. Language added that provides marking standards for how utility owners mark their facilities. When utilizing trenchless excavation methods, the excavator must comply with the following requirements, in a manner consistent with division (A) of this section: (1)Expose and confirm all underground utility facilities at each crossing point by the proposed excavation in a nondestructive manner to the installation depth of the new facility; (2) Expose all parallel underground utility facilities in a nondestructive manner at the beginning and end of each trenchless excavation to the installation depth of the new facility. If the proposed alignment is within the tolerance zone of any parallel underground utility facility, the underground utility facility shall be exposed every one hundred feet. (3) Ensure that the final product installation maintains the proper clearances of existing underground utility facilities as determined pursuant to division (E)4 of section
18 DESIGN UTILITY MARKINGS CHANGE the way it has always been done: Engineers/surveyors calling in excavation tickets for design purposes CHANGE is needed: Change of process/change of thinking/change of Culture Work together We are all in this together CHANGE must start with education of all parties involved: Local Governments Set the Example Designers/Surveyors 10 days to receive markings for design. Communicate. Utility Owners Know where your infrastructure is located. Educate your staff. Mark your utility during project design. Locators Mark for design as you would for excavation, protection starts here.
19 OHIO UNDERGROUND DAMAGE PREVENTION COALITION MARKING STANDARDS SUB-COMMITTEE RECOMMENDED LANGUAGE REVISIONS (B) In any public improvement which may involve underground utility facilities, the public authority shall, prior to preparing plans and specifications, contact the registered underground utility protection services and the owners of underground utility facilities that are not members of a registered underground utility protection service for the existence and location of all underground utility facilities within the construction area. If physical markings are requested, the owners of underground utility facilities within the construction area shall provide the location of all underground utility facilities (excluding services to single family, two, three, or four unit residences) by locates in accordance with the Ohio Universal Marking Standards, within ten (10) business days from receipt of the locate request. If the owner of an underground utility facility provides digital and/or paper drawings that are drawn to scale and includes locatable items, such as, back of curb, sidewalk, edge of pavement, centerline of ditch, property lines, and depict the location of the underground utilities, physical markings are not required. The public authority shall include, in the plans and specifications for such improvement, the identity and location of the existing underground utility facilities located in the construction area as provided to the public authority by the owner of the underground utility facility and the name, address, and telephone number of each owner of any underground utility facilities in the construction area that does not subscribe to a registered underground utility protection service
20 OHIO UNDERGROUND DAMAGE PREVENTION COALITION MARKING STANDARDS SUB-COMMITTEE RECOMMENDED LANGUAGE REVISIONS (C) Each utility that has any underground utility facilities in the area of the proposed excavation site shall notify the developer/designer of the approximate locations and description of the utility's underground utility facilities located at the proposed excavation site or that the utility does not have any underground utility facilities at the site. If physical markings are requested, the owners of underground utility facilities within the construction area shall provide the location of all underground utility facilities (excluding services to single family, two, three, or four unit residences) by locates in accordance with the Ohio Universal Marking Standards, within ten (10) business days from receipt of the locate request. If the owner of an underground utility facility provides digital and/or paper drawings that are drawn to scale and includes locatable items, such as, back of curb, sidewalk, edge of pavement, centerline of ditch, property lines, and depict the location of the underground utilities, physical markings are not required. The utility shall make this notification within ten days of receiving a notice under division (B) of this section or by a later date acceptable to the developer and the utility. In the case of an interstate hazardous liquids pipeline or an interstate gas pipeline, the utility also shall provide written notice to the developer/designer of any special notification requirements.
21 DESIGN MARKING LANGUAGE AS APPROVED IN HB (B)(2) If requested by the public authority, each owner of underground utility facilities within the construction area, other than real property owners listed in divisions (C)(1) to (4) of section of the Revised Code, shall do one of the following within ten days of receiving notice form the public authority of a protection service: (a) Mark the location of the underground utility facilities, other than those facilities serving single-family or two-, three-, or four-unit dwellings, within the construction area in accordance with the marking standards described in division (C) of section of the Revised Code; (b) Provide digital or paper drawings, or both, that meet both of the following requirements: (i) They are drawn to scale and include locatable items. Locatable items may include poles, pedestals, back of curb, sidewalk, edge of pavement, centerline of ditch, property lines, and other similar items. (ii) They depict the location of the underground utility facilities. Compliance with division (B)(2) of this section does not relieve an owner of underground utility facilities from compliance with the marking requirements of section of the Revised Code.
22 DESIGN MARKING LANGUAGE AS APPROVED IN HB (C)(2) If requested by the developer or the designer employed by the developer, each utility shall do one of the following in order to comply with the notification requirements of division (C)(1) of this section: (a) Mark the location of the underground utility facilities, other than those facilities serving single-family or two-, three-, or four-unit dwellings, within the construction area in accordance with the marking standards described in division (C) of section of the Revised Code; (b) Provide digital or paper drawings, or both, that meet both of the following requirements: (i) They are drawn to scale and include locatable items. Locatable items may include poles, pedestals, back of curb, sidewalk, edge of pavement, centerline of ditch, property lines, and other similar items. (ii) They depict the location of the underground utility facilities. Compliance with division (C)(2) of this section does not relieve a utility from compliance with the marking requirements of section of the Revised Code.
23 PHMSA Section of March 2013 letter to Governor Kasich from Tim Butters, Deputy Administrator of PHMSA:
24 PHMSA Ohio Results of State Damage Prevention Program Characterizations Element Legend: The Nine Elements of Effective Damage Prevention Programs include the following. Follow each link to see a map of how the elements are implemented among the states. Element 1 - Enhanced Communication between Operators and Excavators Element 2 Fostering Support and Partnership of all Stakeholders Element 3 Operator s Use of Performance Measures for Locators Element 4 Partnership in Employee Training Element 5 Partnership in Public Education Element 6 Enforcement Agencies Role to Help Resolve Issues Element 7 Fair and Consistent Enforcement of the Law Element 8 Use of Technology to Improve the Locating Process Element 9 Data Analysis to Continually Improve Program Effectiveness
25 THANK YOU QUESTIONS?
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