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Frequently Asked Questions
Q. What
is the difference between facilities for an utility system and those
for an utility service connection?
A. A utility system makes utility
services accessible to customers while a utility service connection
provides that service to each customer.
Construction projects affecting facilities of an utility system
require Utility Plans developed by the ITD District and action by
the ITD Headquarters while affected utility service connection
facilities are handled at the ITD District level either by a service
agreement (for services to ITD, like electric power for a traffic
signal or street illumination) or a R/W contract (for services to a
private property owner).
See Chapter 4 of the Guide for Utility Management for additional
information.
Q. What
is a Railroad or Utility Agreement?
A. A legally binding document
between two or more parties that specifies work and/or conditions
each party adheres to including any monetary compensation. Any
attachments (like plans or cost estimates) and references are part
of the agreement.
Q.
Who may sign
a Railroad or Utility Agreement?
A. Any official or representative
of an entity specified in the agreement who is given legal authority
to bind the entity in accordance with law, articles of
incorporation, and business or cooperative policy. Often the
signature of the official or representative of an entity is
“attested to” by another official or representative of that entity.
If the agreement is to be recorded as a public document, the
signature of the official or representative of an entity is
“notarized” by a notary.
Q.
When is an Utility
Agreement used?
A. An Utility Agreement is
written by Roadway Design of ITD Headquarters when an ITD District
determines that facilities of an utility system will be affected by
a construction project and that the owner of the utility system has
either existing or prior property rights. Prior property rights are
when the utility owner had property rights that were acquired by ITD
resulting in the utility facilities being located within the
right-of-way of a road.
See Chapter 4 of the Guide for Utility Management for additional
information.
Q.
When is a Railroad
Agreement used?
A. A Railroad Agreement is
written by Roadway Design of ITD Headquarters when a Railroad is to
provide work other than railroad protective services (like railroad
flagging) or for encroachments onto railroad property at locations
where no right of encroachment exists.
Q. What
is the payment and billing procedure for Railroad or Utility
Agreements?
A. Agreement billings are
submitted by the entity in accordance with the agreement to a
specified ITD representative. Copies of supporting documentation
used by the entity are usually required for “actual cost agreements”
while “lump sum or fixed cost agreements” usually only require a
billing.
See Chapter 5 of the Guide for Utility Management for additional
information.
It takes approximately 30 days for ITD to process payment, normally
5%is retained from each progress payment until all work is completed
and final billing is received and processed for payment. Final
payment will include all retainage unless the work has not been
completed.
Q.
What project specifications are needed when encroaching onto
existing railroad easements?
A. Several situations are
explained in detail:
Ground disturbing activities on railroad property
The first page of the project Special Provisions has a list of SPs
and SSPs that may be included in the project specification.
SP-Railroad Agreement (this explains railroad flagging and other
railroad protective services) and SP-Railroad Insurance (this
explains railroad protective insurance) are selected [these are
paper copies that are inserted into the contract documents by the
PS&E Unit of Roadway Design]. Then the appropriate PS&E inserts for
the specific railroad company (for example RR UP Fiber, RR UP Exp,
10710 RR INS) that are pre-written special provisions by ITD are
inserted into the project specifications by the Designer (either ITD
District or consultant).
No ground disturbing activities on railroad property
Examples of these types of projects are plantmix overlays and seal
coats. Generally nothing regarding the railroad (no SPs, SSPs, or
inserts) is included in the project specifications. The philosophy
being that the actual construction operation is just briefly at the
crossing area; to date ITD has not had a railroad claim involving
any damage because of a train colliding with an overlay or sealcoat
operation. If there are any safety concerns, ITD’s Resident
Engineers may request and pay for railroad flagging [An example is a
case where the paver activated a railroad signal with gates; to
prevent the gate arm from closing/falling onto the paver the
railroad signal was briefly turned-off, this required a railroad
flagman to be present at the crossing.] by a construction change
order.
Road bridge (overpass) over railroad track(s) on railroad property
The concern is material falling onto a train or the track(s).
Generally the railroad company is contacted and project requirements
are discussed, which can vary from railroad company to railroad
company. The project requirements regarding the railroad may vary
from nothing, to including SP-Railroad Agreement and SP-Railroad
Insurance in the project specifications, or having special
provisions written specifically for the project.
Q.
What is a
“Waiver” to an Utility Hearing?
A. Each utility owner has a right by Idaho Code to
protest the construction of any project that affects their utility
facilities, regardless of property rights, by having testimony
presented to the Idaho Transportation Board. An utility owner may
“waive” this right to protest by signing a waiver to an utility
hearing.
See Chapter 4 of the Guide for Utility Management for additional
information.
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