Utility Relocation Report

Utility Relocation
House Transportation Committee

Wednesday, May 25, 2016, 9:00 AM
Capitol Extension E2.012
INTRODUCTION
It is the Texas Department of Transportations (TxDOT) mission, through collaboration and
leadership, to deliver a safe, reliable and integrated transportation system that enables the
movement of people and goods.
The employees and leaders of TxDOT take our roles as public servants seriously. We know
that the public and the Texas Legislature have entrusted TxDOT with the states resources,
and we must use those resources in a responsible and efficient manner to meet the
following goals:
Deliver the Right Projects Implement effective planning and forecasting processes
that deliver the right projects on-time and on-budget;
Focus on the Customer People are at the center of everything we do;
Foster Stewardship Ensure efficient use of state resources;
Optimize System Performance Develop and operate an integrated transportation
system that provides reliable and accessible mobility, and enables economic growth;
Preserve our Assets Deliver preventative maintenance for TxDOTs system and
capital assets to protect our investments;
Promote Safety Champion a culture of safety; and
Value our Employees Respect and care for the well-being and development of our
employees.
UTILITY RELOCATION PROCEDURES AND POLICIES

Timely utility relocation with minimal disruption of utility services is an important part in the
successful delivery of transportation improvements to the citizens of Texas. TxDOT is
committed to continuing the dialogue with the utility industry and contractors to improve the
utility relocation process, particularly for major projects and corridor planning. TxDOTs goal
is to make the utility relocation process more streamlined by starting discussions early in the
project development process to facilitate communication, coordination and collaboration.
TxDOT, contractors and utility owners can all save time and money through an enhanced
utility coordination process ultimately benefitting Texas taxpayers.
BACKGROUND
Currently, TxDOTs Utility Accommodation Policy prescribes allowances of certain utilities

within state rights of way (ROW) based on legal authority to operate and maintain their
facilities. The right to occupy state ROW is premised with an understanding that both TxDOT
and utilities use public lands in delivery of services for mutual benefit to the state. Utilities
right to occupy ROW is secondary to the states use of the land for transportation purposes
and requires utilities to adjust or relocate in a timely manner to allow the construction of
highway improvement projects.
The process of identifying utility relocation conflicts in the preliminary phases of a project can
1
House Transportation Committee, TxDOT Testimony, May 25, 2016
be a lengthy and complex process due to coordination efforts among many different entities.
These efforts require a partnership between TxDOT and the utility industry in order to
successfully move projects forward to the construction phase.
PROCEDURES FOR ACCOMMODATION
TxDOTs utility relocation overarching philosophy includes:

Avoidance of conflicts;
Minimize impacts; and
Relocate if necessary.
TxDOT contracts 900 to 1,000 highway projects annually, the majority of which do not have
utility conflicts or issues. Historically on average 20 percent of these projects have had
outstanding utility adjustments and 10 percent have outstanding right of way to purchase or
clear, at the time the construction contract is awarded. TxDOT obtains the expected
relocation clear dates from the utility, which then becomes a commitment from the utility for
relocation work to be completed by the specified date. Contract provisions are then added to
notify prospective highway construction contractors of the remaining utility relocations.
These provisions place the contractor on notice to work around known utility conflict areas
and include an expected clear date provided by the utility.
When a conflict is identified, TxDOT and the utility jointly evaluate various design options to
avoid the relocation of the utility. However, during the evaluation of design options it may be
determined that conflicts cannot be eliminated. In these cases, both the utility and TxDOT
will investigate options to minimize the impact of the conflict. Lastly, the utility will relocate
to eliminate the transportation improvement conflict. This procedure is routinely
accomplished prior to the construction phase of the project.
CHALLENGES
As previously stated, the utility relocation process can be complex and lengthy to resolve,
particularly along congested corridors common in urban and metropolitan areas of the state.
The problems of utility clearance generally fall into three categories:
Utilities not fully or effectively involved in early project planning and coordination;
Utilities have capital budget, material or labor limitations; or
Utilities not beginning work until the TxDOT contractor begins work.
One or a combination of these problems generally causes delays in transportation project

delivery. The first point is the responsibility of both TxDOT and the utility to engage and
communicate early in the project development activities (Figure 1).
The second point is also a jointly shared responsibility of TxDOT and the utility. Either late
engagement in coordination of the project or internal utility financial constraints cause
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delays. The third point considers delays by the utility to relocate and perform their work,
which causes late clearances for the TxDOT contractor. During Fiscal Year (FY) 2013, FY
2014 and FY 2015, TxDOT has paid highway contractors over $21.9 million in additional
costs and delay claims due to untimely utility relocations. During this same period, the time
delays caused prolonged safety risks for approximately 10,432 days for construction workers
and the traveling public.
FIGURE 1: CURRENT PROJECT DEVELOPMENT PROCESS
The majority of utility relocation conflicts occur in the metropolitan areas of Texas, with the
exception to Beaumont, Lufkin and Waco TxDOT districts. Metropolitan areas have a larger
volume of construction work impacting more utilities in congested right of way corridors. The
Beaumont, Lufkin and Waco TxDOT districts have had significant reconstruction projects on
IH 10, US 59 and IH 35 corridors. (See Appendix A for a complete list of transportation
projects impacted by additional costs and delays associated with utility relocations.)
REIMBURSABLE UTILITIES
Texas Transportation Code, 203.092 outlines reimbursement eligibility for a utilitys

expenses relating to the relocation of their facility due to a highway project. If a utility is
located within an Interstate Highway ROW or the utility has a compensable property interest
in the ROW, relocations are eligible for 100 percent reimbursable expenses. If a utility is
located within the ROW of a toll project, relocations are entitled to a 50 percent
reimbursement of their eligible expenses.
On non-interstate projects eligibility for reimbursement often becomes a shared cost due to
utility system upgrades or relocation activities extend outside the easement or direct
construction conflict area. These complex situations require careful coordination and
collaboration with the utility to clearly determine compliance with eligibility rules.
Reimbursable utility relocations are authorized by an agreement on eligible items of work
and schedule for completion.
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Texas Transportation Code, 203.094(b) states that TxDOT may reduce the reimbursement
to the utility by 10 percent for each 30-day period or portion of a 30-day period by which the
relocation exceeds the limit specified in the relocation agreement. If TxDOT determines that
a delay in relocation is the result of circumstances beyond the control of the utility, full
reimbursement shall be paid. Unfortunately, this remedy requires a utility agreement to be
executed and in many cases the untimely utility does not sign a utility agreement until their
schedule is more certain considering procurement of manufactured materials and labour for
installation. Oftentimes, multiple utilities are untimely making it difficult for TxDOT to reduce
reimbursements to the utility implement.
On average, reimbursements total approximately $100 million per year on TxDOT projects.
The process involves a public utility determining reimbursement eligibility in partnership with
TxDOT, performing the relocation activity and then submitting invoices to TxDOT for payment.
NON-REIMBURSABLE UTILITIES
Non-reimbursable utilities are authorized for relocation by a permit issued by TxDOT. The
permit sets forth the utilitys timeline for relocation.
UTILITY INDUSTRY WORKSHOPS
In an effort to make the utility relocation process TxDOT hosted a series of Utility Industry
Workshops during the Fall of 2015 and Spring of 2016. The workshops were well attended
by utilities and respective associations. Over the course of the workshops discussions were
focused on the issues of construction delays and additional costs to our customers. Open
communication and early engagement of utilities in the transportation project development
process was also emphasized.
During the workshops TxDOT staff discussed best practices which included monthly utility
coordination meetings for the metropolitan areas of the state and certain TxDOT districts,
quarterly meetings for urban areas and meetings on an as-needed basis in rural areas. In
addition to these best practices, TxDOT Administration offered to issue direction to district
engineers to initiate these coordination meetings with utilities in order to involve them in
long-range project and corridor planning. TxDOT Administration noted that it is important to
involve utilities during preliminary engineering phases of project development and have open
discussions on specific issues to minimize the relocation activities on each project in the
district portfolio.
General consensus was reached that these information sharing opportunities will greatly
improve coordination efforts between utilities and TxDOT.
THE PATH FORWARD
The path forward to improved coordination between TxDOT and utilities can be described as
immediate and mid-term actions. Prescribed utility coordination meetings and periodic statewide industry meetings with TxDOT are the best processes that need immediate action to
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manage construction delays and additional costs.

Mid-term improvements in procedures and processes will include TxDOT minimizing the
number of projects going to construction without clear right of way and utility relocations. As
previously stated, 20 percent of projects have had outstanding utility adjustments and 10
percent have outstanding right of way to purchase or clear, at the time the construction
contract is awarded. This practice has exasperated timeliness of utility relocations and is
within TxDOTs control assuming there is industry cooperation. Better collaboration is
paramount to success of the proposed model.
The proposed procedures on major transportation projects include the acquiring of ROW two
years prior to construction (Figure 2). This two-year period allows TxDOT designers to
complete detailed construction plans while utilities begin their relocation efforts. Projects
clear of ROW and utilities provides contractors unobstructed access to the project with a
more efficient and streamlined sequencing of work. In this model, construction time will
improve and minimize work zone risks for the traveling public and construction workers.
An additional benefit of this proposed model is to allow more A+B bidding on major
transportation projects. Traditionally projects are contracted with simply the A component
which is the bid items of work. A+B bidding allows time to be bid thereby encouraging the
contractors to bid construction duration. Following this model, the project is awarded to the
contractor with the lowest aggregate bid of work items plus shortest construction duration.
Implementation of this model will not occur rapidly due to letting obligations already
underway. Therefore, this method of improving coordination and timeliness of utility
relocations is a mid-term action item. However, TxDOT can immediately begin to incorporate
this model into our business practices and performance measures.
As stated earlier, this model is contingent upon utility industry cooperation to use the
available time prior to letting to relocate utilities. If utilities wait until the TxDOT contractor
begins construction, then this model will fail to deliver the transportation improvements to
the traveling public in a timely and efficient manner. Discussion among industry leaders at
the recent workshops acknowledged this issue.
TxDOT, through the Federal Highway Administrations Strategic Highway Research Program 2
grant program, has partnered with the Texas A&M University Transportation Institute to
conduct agency-wide utility conflict management training. The training will be conducted in
each of TxDOTs 25 districts and will teach participants to develop strategies to identify,
manage and resolve utility conflicts during project development. The avoidance and
minimization of utility conflicts through early coordination is highly encouraged in this
training. Participants in the training will include TxDOT personnel whose job duties are
directly related to highway design, engineering and utility coordination as well as their
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counterparts in the utility industry. The training also includes an implementation monitoring
phase for the major metropolitan districts to ensure TxDOTs largest and busiest districts are
implementing the strategies taught. Training will begin in June of 2016 in the Austin District.
Additionally, TxDOT district engineers have been given the authority to execute utility
agreements within their respective districts. Previously, signature authority for utility
agreements rested with the TxDOT Right of Way Division Director. Moving signature authority
to the district engineers will maximize local control over the transportation project and
expedite utility agreements.
Lastly, TxDOT is in the process of developing a master agreement for use with recurring
utility companies that states the relocation and accommodation process. The master
agreements will guarantee that once the utility is given a notice to proceed on a particular
project, TxDOT will pay for any costs associated with highway design changes that cause the
utility to change its relocation plans. A smaller supplemental agreement with the technical
aspects would then be entered into on a project-by-project basis. This simplifies the
agreement process and allows utilities to start their process upon a notice to proceed from
TxDOT.
FIGURE 2: PROPOSED PROJECT DEVELOPMENT PROCESS
INCENTIVES AND DISINCENTIVES
The most fundamental incentive is the realization that TxDOTs customers are the same as
customers of the utility industry. With this common ground, all parties involved should be
focused on the goals of timely delivery of infrastructure improvements. The Texas public
deserve our best efforts in this process.
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TxDOT does have the authority to make loans to utilities from the State Infrastructure Banks
(SIB). The SIB was authorized in 1995, as part of the National Highway Designation Act to
help accelerate needed mobility improvements through a variety of financial assistance
options made to local entities through state transportation departments. Texas was chosen
as one of the 10 states to test the pilot program and the Texas Legislature authorized TxDOT
to administer the SIB program in 1997. The overall goal of the SIB program is to provide
innovative financing methods to communities to assist them in meeting their infrastructure
needs. The SIB program allows borrowers to access capital funds at market interest rates
with favourable terms. This has been advantageous to smaller utilities and municipalities
who may have capital difficulty to relocate their facilities.
TxDOT continues to be willing to include utility relocations in our transportation contracts.
This is fairly common in our metropolitan areas with water, wastewater and communication
utilities. Specifications for each utility must be prepared and included in the contract for
bidding purposes. TxDOT encourages this type of partnering because it places control of the
utility relocation process largely in the prime contractors responsibility. Additionally, many
prime contractors will subcontract the utility relocation work to the same companies
performing the work for the utility owner.
Texas Transportation Code, 203.0935(e) provides TxDOT with the authority to relocate an
uncooperative utility after due diligence and proper notice is provided to the utility. It is
possible to seek restitution for TxDOT expenses through legal means. TxDOT may request
the Office of Attorney General to seek an injunction requiring the utility company to relocate
its property, if the utility fails to cooperate in a timely relocation. This legal remedy takes
time to resolve and is rarely used in normal practice as TxDOT uses every opportunity to
resolve these differences.
TxDOT does not have statutory recourse to pass along construction delay damages for an
untimely relocation or the authority to withhold utility permits if a utility is uncooperative or
unwilling to relocate due to statutory authority of utilities to be within public right of way.
CONCLUSION
The key to success is to create an environment of information sharing between the utility
industry and TxDOT. This will be accomplished in part by the state-wide utility workshops
held periodically, but mostly by the coordination meetings held by the TxDOT district offices
around the state that will occur on a frequent basis. In this environment, project portfolios,
corridor planning and project management can occur more effectively. This enterprise
management approach will allow the sharing of portfolio and project information thereby
creating working relationships between entities. Implementation of the new project
development model will allow time for utility relocations prior to letting a project that will likely
benefit all entities.
Utilities are encouraged to include their relocation plans in TxDOT construction plans as to
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expedite the relocation work while transportation improvements begin. Doing so allows a
more overall coordinated effort by the TxDOT contractor delivering transportation
improvements sooner to our customers.
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Appendix A.
Spreadsheet of Projects Let in Fiscal Year (FY) 2013, FY
2014, FY 2015 and FY 2016 with Time Delays and
Additional Costs.
Information gathered through May 2016.
Texas Department of Transportation
District
ABILENE
Highway
CR 357
Description
Replace Bridge
Utility Owner
Time Delay (Days)
Time suspended from 7/10/2014 - 7/15/2015 due to

utility adjustments
AT&T
5
FM 2230
VA
BS 70-G
Widen, Rehabilitate, Replace

Culverts And Construct New
Bridge
Construct New Relief Route
Rehabilitation, Acp, Sidewalks
BS 70-G
Rehabilitation, Acp, Sidewalks
IH 20
Construct New Interchange
Comments
Additional Costs
$0.00
WesTex Telephone
N/A
18
$0.00
40
$0.00
$18,000.00
$3,000.00
Millennium Resources
N/A
Adjust utility poles
AT&T
City of Sweetwater
Adjusted water meters

Time suspended from 1/1/2015 - 5/11/2015 due to utility
adjustments
LEVEL 3 COM
100
$0.00
18
$10,650.00
20
$0.00
N/A
20
$0.00
N/A
19
$0.00
AMARILLO
CS
SH 15
SH 15
CS
LP 335
LP 335
Rehab Existing Roadway
Rehabilitation And ReDesignation Of Cr To Sh
Rehabilitation And ReDesignation Of Cr To Sh
Rehab Existing Roadway
Utility encountered during construction
Atmos
City of Stratford (SEWER)
City of Stratford (WATER)
City of Amarillo
Additional 2 Lanes And

Bridges
AT&T

Bridges
City of Amarillo
90
30
$0.00
$0.00
Additional costs undetermined. Contractor has claim

pending.
Contract time charges suspended due to unclear utility.
Additional costs not yet determined.
District
Highway
LP 335
LP 335
Description
Utility Owner

Bridges
ATMOS ENERGY

Bridges
ZAYO GROUP
Time Delay (Days)
20
20
Comments
Additional Costs
$0.00
$0.00

ATLANTA
FM 1402
Improve Alignment And Add

Turn Lanes At Hart'S Bluff
School
Bowie-Cass Electric Coop
Only indirect cost to this conflict

34
FM 1402

School
Centerpoint Energy
12
FM 1402

School

School

$0.00
Tri Special Utility District
Replace Bridge And

Approaches
Sprint
SH 155
Replace Bridges And

Approaches
AEP
RM 1826
Add Center Turn Lane And

Shoulders
US 80
AUSTIN

School
$0.00
AT&T
8
FM 1402
$0.00
Suddenlink
10
FM 1402
$0.00
$0.00
$0.00
AT&T
37
$0.00
33
$0.00
Cost associated with this delay are yet undertermined we

expect to go to claims with this contract due to utility
delays and a redesign issue
N/A
District
Highway
Description
Utility Owner
Provide Signalized
Intersections
AT&T
Innovative Intersection
Improvement
AT&T
Upgrade To 3-Lane Section

With Shoulders
AT&T
SH 304
Upgrade To 3-Lane Section

With Shoulders
Centerpoint Energy
SH 304
Improve Guardrail To Design

Standards & Safety Treat
Fixed Objects
AT&T
Intersection Improvements
City of San Marcos Electric

Utility
US 290
US 290
SH 304
SH 80
SH 71
RM 1431
Add Left Turn Lane &

Shoulders
AT&T
Innovative Intersection
Improvements
Atmos
Time Delay (Days)
Additional Costs
46
$375,000.00
Time Suspended from 1/27/14 - 3/31/14.
198
$275,000.00
31
$84,300.28
17
$46,229.19
US 90
US 69
US 69
Add 2 Lanes To Existing 2

Lane Highway
Overlay Existing Roadway
And Add A Continuous Left
Turn Lane
Overlay Existing Roadway
And Add A Continuous Left
Turn Lane
N/A
N/A
45
$75,000.00
$7,620.55
60
$50,000.00
N/A
N/A
Delay claim because of utilities -- AT&T, Time Warner, City

of CP
TBD
Replace Bridge And

Approaches
Project had several month delay past item 8 clear date

due to AT&T
N/A
TBD
BEAUMONT
IH 10
Comments
Air Liquide
21
$0.00
$28,750.00
Unexpected utility conflict. Place protection sheet pile for

10" oxygen line for concrete pile operation. Phase 2
protection has been complete. Phase 3 & 4 protection still
needs to be done.
Utility relocated in June 2014 before creating a time delay.
City of Devers
AT&T
130
$0.00
Windstream (FiberOptic)
108
$0.00
Contract allowed until March 2015 for utilities to be

relocated. Unresolved to date. Possibe cost escalation of
materials. Request has been sent to contractor. Awaiting
their response.
Contract allowed until March 2015 for utilities to be
relocated. Relocations complete in August 2015. Possible
cost escalation of materials. Request has been sent to
contractor. Awaiting their response.
District
BROWNWOOD
Highway
IH 20
Description
Construct Two Safety Rest
Areas
Utility Owner
Time Delay (Days)
Additional Costs
59
$27,676.00
AT&T
Comments
N/A
BRYAN
SH 30
Safety Improvement Work

Consisting Of Grading,
Structures, Flexible Base,
Surfacing And Pavement
Markings
Total project delay is anticipated to be approximately 6

months. ROW acquisition activities have delayed utility
relocation (~4 months). The contractor is currently
developing a material escalation submittal for the
Department. Additional costs to be determined at a later
date.
AT&T
60
$0.00
District
Highway
Utility Owner

Markings
Century Link
SH 30

Markings
Enterprise Products
SH 30

Markings
Mid-South Synergy
SH 30

Markings
Wickson Creek SUD
US 77
Construct Main Lanes And

Overpasses
AEP Telecom
US 77
Construct Main Lanes And

Overpasses
Verizon
Construct Additional Lanes

And Access Management
AEP
SH 30
CORPUS CHRISTI
Description
FM 2444
Time Delay (Days)
Additional Costs
60
$0.00
60
$0.00
60
$0.00
60
$0.00
61
$0.00
30
$0.00
50
$0.00
Comments
date.
date.
date.
date.
Completed 10/2015. This was prompted by ROW
acquisition and above average rainfall events.
Complete October 2015. This was prompted by ROW
acquisition and above average rainfall events.
District is currently reviewing contractor submitted delay
impact for $ 322,335
District
Highway
FM 2444
Description

Utility Owner
Time Delay (Days)

AT&T
50
FM 2444
FM 1069
US 59
DALLAS
SH 78
FM 720
FM 720
FM 720
FM 720

Widen Roadway
Rehab Roadway At
Intersection And Add
Concrete
Widen From 2 Lane To 6 Lane
Divided Urban
Widen Two Lane Rural To Six
Lanes Urban Divided
Lanes Urban Divided
Lanes Urban Divided
Lanes Urban Divided
SH 78

Lanes Urban Divided
9 Intersection Improvements
$0.00
City of Corpus Christi

Boardwalk Pipeline
50
48
$0.00
$0.00
AEP
67
$4,667
TBD
TBD
$200,000.00
$200,000.00
$200,000.00
VERIZON
AT&T
CoServ Electric
Grande Communications
Suddenlink

No claims have been made to date
Project completed and accepted on 6/4/14
Impact has not been determined yet
Working on Localized conflicts at this time
Relocation complete.
Relocation complete
Working on localized conflicts at this time.

0
FM 720
Comments
Additional Costs
$200,000.00
Town of Little Elm
Relocation complete
AT&T Texas
$200,000.00
TBD
TBD
Description
Utility Owner
SH 78
Oncor Electric Delivery
SH 78
Time Warner Cable
SH 78
Atmos Energy Delivery
SH 78
Fiberlight
District
Highway
IH 30
IH 30
US 75
US 75
US 75
FM 2786
Construct Managed/Hov
Lanes With Two Sets Of
Wishbone Ramps
Construct Managed/Hov
Lanes With Two Sets Of
Wishbone Ramps
Additional Costs
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
$355,000.00
12
$62,389.00
AT&T
Oncor
Widen And Reconstruct 6

Lane Freeway To 8 Lanes;
Improve 2/3 Lane Frontage
Roads And Ramps
GRANDE COMMUNICATIONS

Roads And Ramps
ONCOR ELECTRIC DELIVERY
N/A
125
FM 2786
$0.00
TxDOT did not inform utililty they needed to relocate
facilities until
construction was nearly ready to begin
125
$0.00
facilities until
125
$0.00
Multiple companies are dependent on Oncor to complete

their own relocations including TWC, Grande, and Atmos
Energy
Oncor
48
FM 2786
AT&T
Widen 2 To 4 Lane Divided

(Six Lane Ultimate) With
Intersection Improvement At
Sh 5
Atmos
Potential escalation costs due to project start delay.

AT&T, Oncor, Time Warner Cable, and Fiberlight in
conflict.
N/A
CITY OF PLANO

Sh 5
Comments
N/A

Roads And Ramps

Sh 5
Time Delay (Days)
$150,000.00
N/A
48
$0.00
N/A
48
$0.00
Description
Utility Owner

Sh 5
CoServ Gas
FM 2786

Sh 5
Grande Communication
FM 2786

Sh 5
Grayson Collin EC

Sh 5
Time Warner
District
Highway
FM 2786
FM 2786
FM 663
FM 663
FM 455
Widen Existing Overpass And

Approaches
Widen Existing Overpass And
Approaches
Widen Facility To 4 Lane
Urban Divided, Ultimate 6
Lane Divided
Time Delay (Days)
N/A
48
Oncor
48
$0.00
264
$0.00
22
$0.00
462
$367,000.00
66
$0.00
22
$0.00
$100,000.00
14
$0.00
90
$0.00
90
$0.00
$56,000.00
$24,000.00
AT&T
CS
Replace Bridge And

Approaches
AT&T
FM 1171

Lane Divided Urban Highway
AT&T
N/A
N/A
TxDOT contractor delayed by untimely AT&T relocations.
N/A
N/A
N/A
Replace Bridge And

Approaches
Realign Existing Highway In
City Of Midlothian
Realign Existing Highway In
City Of Midlothian
Hilco Electric Cooperative

Incorporated
SH 289
Nb/Sb Dual Left Turn Lanes
AT&T
SH 289
Nb/Sb Dual Left Turn Lanes
Oncor Energy
FM 1387
$0.00
N/A
AT&T
Oncor
FM 1387
$0.00
N/A
48
Replace Bridge And

Approaches
CR
$0.00
N/A
48
CS
Comments
Additional Costs
AT&T
AT&T
N/A
N/A
N/A
TxDOT contractor delayed by untimely AT&T and Oncor
relocations.
N/A
Description
Utility Owner
Sh 121 To Cougar Alley;Widen

4 To 8 Ln Divided
Urban;Cougar Alley To
Stewarts Crk Rd; Widen 4 To
6 Ln Divided Urban
AT&T
SL 12
Intersection Improvements
AT&T
FM 1378
Replace Bridge And

Approaches
City of Lucas
FM 1378
Replace Bridge And

Approaches
Suddenlink Communications
Replace Bridge And

Approaches
Unite Private Network
District
Highway
FM 423
FM 1378
FM 740
FM 981
FM 544
Widen 2 Lane To 4 Lane

Divided Urban
Replace Bridge And
Approaches
Replace Bridge And
Approaches
Time Delay (Days)
Project had to be Re-Let due to AT&T delays.
AT&T
Frognot WSC
Atmos
$6,415,000.00
$198,000.00
125
$0.00
125
$0.00
125
$0.00
$244,000.00
62
$0.00
10
$0.00
EL PASO
SS 1966
Construction Of Spur
AT&T
SS 1966
Construction Of Spur
Texas Gas
Comments
Additional Costs
$110,779.00
$70,732.00
N/A
N/A
facilities until
facilities until
N/A
N/A
Conflict discovered Ph I. Relocation Complete Ph II.
Cost associated with shoring of utility in place and FOC
was relocated concurrent with construction. No time
impacts
Cost associated with shoring of utility in place. No time
impacts
District
Highway
US 62
US 62
Horizon Blvd
Horizon Blvd
FORT WORTH
CS
Utility Owner
Roadway Widening (Shoulder

Improve, Sidewalks, Traffic
Signals, Signing, Striping & Rt
Turn Lanes)
AT&T
Roadway Widening (Shoulder

Improve, Sidewalks, Traffic
Signals, Signing, Striping & Rt
Turn Lanes)
El Paso Electric
Urban Reconstruction
Urban Reconstruction
Reconstruct From 4 Lanes To
4 Lane Divided With Raised
Median -Phase 2
CS
Reconstruct Bridge To
Accommodate The Upgrade
Of Dirks/Alta Mesa To A 6
Lane Divided Roadway
Chater
CS
AT&T
SL 12
Intersection Improvement
Oncor
IH 35W
Reconstruct Roadway And

Add 4 Managed (Toll) Lanes
AT&T
Reconstruct Roadway And

Add 4 Managed (Toll) Lanes
Unknown
Direct Connector (Nb)
N/A
3
357
28
$1,000.00
$566,560.00
$0.00
N/A
N/A
N/A
90
Oncor
SH 146
$173,512.00
Oncor (Electric)
IH 35W
Comments
Additional Costs
During construction of sound walls, the contractor hit an

unknown AT&T utility causing sequencing inefficiencies
and a redesign of the sound wall.
AT&T
El Paso Electric
Atmos
CS
Time Delay (Days)
40
CS
HOUSTON
Description
The total delay claim is for 146 days and $420,000 for all
four utilities. The cost and time is equally divided between
four utilities
37
$105,000.00
four utilities
37
$105,000.00
four utilities
36
$105,000.00
four utilities
36
$105,000.00
20
$20,093.00
$40,900.00
$2,443.23
256
$60,000.00
TxDOT contractor delayed by untimely AT&T relocations.

Contractor had to demobilize and remobilize due to a
conflict with AT&T facilities.
N/A
AT&T
10
N/A
District
Highway
US 290
Description
Utility Owner
Construct Five Main Lanes

With Auxiliary Lanes and Two
or Three Lane Frontage Roads
and Grade Separations
(Inbound Only)
Phonoscope
Time Delay (Days)
N/A
88
US 290
Construct Five Main Lanes

With Auxiliary Lanes and Two
or Three Lane Frontage Roads
and Grade Separations
(Inbound Only)
US 290
US 290
Construct 5 Mainlanes With

Auxillary Lanes, Frontage Rd,
Grade Seperation
Unknown Utilities

Grade Seperation
Unknown Utilities

Grade Seperation
Qwest
N/A
US 290
US 290
US 290
$166,923.24
The contractor left a gap in the proposed storm sewer at
multiple locations until the utility could be relocated.
$53,869.80
The contractor left a gap in the proposed storm sewer at
multiple locations until the utility could be relocated.
$43,076.63
Locate the quest line using SUE location methods so an

18" gas line can be relocated.
0
Widen To 8 Mainlanes,
Auxillary Lanes & 2-Lane
Frontage Roads
Frontage Roads
Frontage Roads
$166,923.24
Centerpoint gas
0
US 290
Comments
Additional Costs
$12,746.20
CenterPoint
0
$163,941.00
AT&T
0
$117,110.51
CenterPoint
0
11
$91,845.54
Revise storm sewer to eliminate conflict with 2-30" high

pressure natural gas pipelines.
Revise storm sewer to eliminate conflict with utility duct
bank.
Revise storm sewer to eliminate conflict with 18" gas
pipeline.
District
Highway
Description
US 290
Frontage Roads
US 290
Frontage Roads
Utility Owner
Time Delay (Days)
Enterprise Pipelines
US 290
Enterprise Pipelines
US 290
Frontage Roads
AT&T
US 290
US 290
Frontage Roads
$66,646.89
AT&T
Frontage Roads
Widen To 8 Main Lanes With

3 Reversible Managed Lanes,
, Auxiliary Lanes And Two 2Lane Frontage Roads
Additional Costs
$40,463.53
$32,033.70
$30,362.00
Comments
The contractor left a gap in the proposed storm sewer
until gas line could be relocated. A siphon was installed
and removed due to the opening of the US 290 Eastbound
Frontage Road and the storm sewer system becoming
active prior to the relocation of the gas line. Since this was
a temporary condition, asphalt pavement was installed in
this area and subsequently removed and replaced with
12" fast track paving.
Revise storm sewer to eliminate conflict with utility duct
bank.
The contractor left a gap in the proposed storm sewer
until the gas line could be relocated. A siphon was
installed and removed to allow proper storm water
drainage.
Revise storm sewer to eliminate conflict with 24" steel
casing.
Revise storm sewer to eliminate conflict with CenterPoint

Energy transmission tower foundation.
CenterPoint
$19,747.50
CenterPoint
0
12
$5,189.39
Place concrete storm sewer collar where the contractor

left a gap in the proposed storm sewer until CenterPoint
could relocate their gas line.
District
Highway
US 290
US 290
US 290
US 290
US 290
US 290
US 290
US 290
US 290
US 290
US 290
US 290
US 290
US 290
US 290
Description
Reconstruct And Widen To 8
Main Lanes And 2-Lane
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Frontage Roads
Utility Owner
Time Delay (Days)
Additional Costs
CenterPoint Energy
0
$70,255.05
Kinder Morgan
0
$56,502.75
AT&T
0
$50,914.93
CenterPoint Gas
0
$50,914.93
$50,914.93
Exxon Crude Oil
Houston Pipeline
0
$50,914.93
Teppco Crude Oil

0
Kinder Morgan and Gulf
South
$50,914.93
$43,514.55
AT&T
0
$33,336.37
$33,336.37
CenterPoint Electric
CenterPoint Gas
0
$33,336.37
Comcast
0
$33,336.37
Kinder Morgan
0
$33,336.37
Phonoscope
0
$33,336.37
CenterPoint Energy
0
13
$28,283.07
Comments
Temporarily relocate a portion of the 8" gas line for
installation of proposed storm sewer.
Contractor placed asphalt over 175' gap in the proposed 7'
x 5' RCB strom sewer until the 4 gas lines can be relocated
in 2016.
Revise storm sewer system to avoid utilities that will not
be relocated until 2016.
Contractor to install and later remove temporary asphalt
concrete pavement and 6" concrete dowel curb until
relocation in spring 2015.
Temporarily relocate a portion of the 2" IP plastic gas line
for installation of proposed storm sewer.
District
Highway
US 290
US 290
US 290
US 290
US 290
Description
Frontage Roads
Utility Owner
Unknown Utility

Frontage Roads
CenterPoint Energy
$18,834.25
$4,624.12
$4,169.07
$2,121.00
$297.74
Unknown Utility
AT&T
US 290

Main Lanes With 3 Reversible
Managed Lanes, Auxiliary
Lanes And Two 2-Lane
Frontage Roads
CenterPoint
FM 2920
Widening
US 290

2 Reversible Managed Lanes
Unknown Utility

Frontage Roads
AT&T
US 290
CenterPoint Energy

Frontage Roads
US 290
Additional Costs
Gulf South

Frontage Roads

Frontage Roads
Frontage Roads
Time Delay (Days)
Comments
Contractor placed asphalt over 175' gap in the proposed 7'
x 5' RCB strom sewer until the 4 gas lines can be relocated
in 2016.
Contractor left a gap in the proposed strom sewer until
the pipe line could be relocated. After pipe line was
relocted contractor pour a concrete collar to close the
system.
Contractor to leave out a section of the 4'x4' RCB and
install a 24'x7'x1' concrete collar with a 2' overlap on each
side of the 4'x4' RCB due to an existing 2" gas line not
being previously relocated.
Contractor has to de-energize power line that had not
been relocated to continue to work.
Locate & relocate unidentified existing 3" gas line to avoid
conflict with 36" RCP jack and bore.
Relocate conduit in conflict with the proposed storm

sewer.
0
$8,468.85
relocate down guy wire in conflict with proposed storm

sewer system.
AT&T
0
132
$5,261.14
$20,000.00
$6,875.30
N/A
Revise storm sewer lateral to bypass existing utility.
Locate existing AT&T duct bank as to not damage to duct

bank during installation of proposed storm sewer.
14
$2,422.82
District
Highway
IH 610
IH 45
US 290
Description
Utility Owner
Reconstruct Us 290/Ih 610

Including Ih 10 To Us 290
Outbound Direct Connectors
AT&T
Widen And Reconstruct To 10

Main Lanes, Two 3-Lane
Frontage Roads And 1 Hov
Reversible Lane
AT&T

Frontage Roads
CenterPoint Gas
Time Delay (Days)
Additional Costs
$165,000.00
N/A
N/A
156
CR
US 290

Lane Divided (With Raised
Median)
$30,000.00
Temporary relocate 6" gas line for installation of proposed

storm sewer.
CS
Comments
$24,005.61
AT&T
N/A
Widen From 2 To 4-Lane

Divided Rural Section With 10Foot Outside Shoulders
CenterPointElectric

Williams Pipeline
66
$15,000.00
$15,618.91
N/A
N/A
15
$163,941.00
District
Highway
US 290
Description
Utility Owner

Enterprise Products (Mobil

PL)
Time Delay (Days)
N/A
US 290

Managed Lanes And Two 2Lane Frontage Roads
US 290
N/A
US 290
N/A
US 290
$146,226.53
N/A
Kinder Morgan

$188,799.60
CenterPoint Gas

$98,680.59
Sprint

Comments
Additional Costs
$76,850.90
AT&T
N/A
16
$43,519.34
District
Description
Utility Owner

CenterPoint Electric
Highway
US 290
Time Delay (Days)
N/A
US 290

US 290
US 290
FALSE
N/A
$33,336.36
Phonoscope
N/A
0
$33,336.36
Temporarily placed two 18" HDPE pipe and brick plug to

avoid 24" gas line until the middle of 2015.
Energy Transfer Pipeline
US 290
$35,457.36
Comcast
0
Comments
Additional Costs
$19,630.25

Energy Transfer (Houston PL)
N/A
17
$10,182.98
District
Highway
US 290
Description
Utility Owner

Enterprise Products
(Seminole PL)
Time Delay (Days)
N/A
US 290

US 290
N/A
US 290
$10,182.98
N/A
CenterPoint Gas
US 290
$10,182.98
ExxonMobil

Frontage Roads

Frontage Roads
Zayo Group

Frontage Roads
Comcast
Comments
Additional Costs
$119,688.93
N/A
0
$119,688.93
N/A
18
$119,203.54
District
Highway
US 290
Description
Utility Owner

Frontage Roads
Phonoscope
Time Delay (Days)
N/A
US 290

Frontage Roads
Widen 2-Lane Roadway To 4Lane Boulevard With Curb &

Gutter
N/A
IH 45
LUBBOCK
FM 1730
Widen Non-Freeway
$119,203.54
Telephone Line- Verizon
N/A
0
Construct Entrance And Exit

Ramps, Remove And Replace
Existing Us 59 Nb And Sb
Direct Connectors
$119,203.54
Wavevision
CS
$3,936.06
N/A
AT&T
AT&T
260
$60,000.00
240
$375,000.00
LUFKIN
US 287
Reconstruct Pavement
US 59
Construct Grade Separation
Comments
Additional Costs
Centerpoint
AT&T
19
23
$0.00
19
$0.00
N/A
Centerpoint worked from early January 2016 to March 4,
2016 relocating gas lines. They were given over a years
advance notice and knew the lines were in conflict.
According to Centerpoint, turnover in personnel caused
them to drop "the ball". No claims anticipated due to
other construction difficulties occuring at the same time.
Contractor says potential 19 day delay claim.
District
Highway
SH 7
US 59
Description
Reconstruct And Add Passing
Lanes
Add Sb Frontage Rd &

Reconstruct Main Lanes
Utility Owner
Consolidated
Communications
Time Delay (Days)
Additional Costs
25
$0.00
AT&T
20
$1,500,000.00
Comments
Project was delayed from November 13, 2014 to January
2, 2015
The project was let July 2013. TxDOT completed ROW
purchasing in June 2014. AT&T agreement was approved
December 2014. AT&T had 90 days to relocate upon
completion of Prep ROW per the plans. 90 days ended
February 4, 2015. AT&T is scheduled to start work
8/24/15. Entergy began relocating 8/1/2015. At this time
we do not know the cost of the damages. AT&T
completed tie in Nov 12, 2015.
District
PARIS
PHARR
Highway
SL 224
SL 224
Description
Construct Curb Ramps
Construct Curb Ramps
SH 24
Upgrading Of Existing 2-Lane

To A 4-Lane Divided Highway
West Delta Water Supply
US 82
Construct Main Lanes Of A 4Lane Section With Depressed

Median
Oncor Transmission
BUS. 83
Constr 4-Ln Divided Urban
Texas Gas Service
BUS. 83
Constr 4-Ln Divided Urban
CITY OF MERCEDES
Utility Owner
AT&T
Atmos Energy
SH 364
Widen To 4 Lane Divided

Urban
AEP
SH 364

Urban
AUGA SUD
SH 364

Urban
SWSC
SH 364

Urban
City of Mission

Urban
AT&T

Urban
TGS
SH 364
SH 364
US 83
CS
CS
CS
Replace Sb And Nb Bridge

And Reconstruct Approaches
Reconstruct & Widen To 2 Ln

Rdwy With Shoulders
Rdwy With Shoulders
Rdwy With Shoulders
Time Delay (Days)

40
0
Additional Costs
$19,000.00
$0.00
15
$0.00
Contractor worked around Utility
$260,000.00
54
$114,729.00
AT&T
Magic Valley Electric Co-op
21
Ongoing Utility Adjustment. Estimated Cost Only.

Working to Eliminate Time Delay Potential.
TGS HAD SEVERAL CROSSINGS TO ADDRESS. SP 004-017
USED TO CALCULATE COST/DAY.
CITY OF MERCEDES RELOCATED WATER AND SEWER
LINES. SP 004-017 USED TO CALCULATE COST/DAY.
12
$25,495.00
64
$10,958.00
Used Item 4.6.2 to calculate cost.
64
$10,958.00
64
$10,958.00
64
$10,958.00
64
$10,958.00
64
$10,958.00
WIND STREAM
COMMUNICATIONS
AEP
Comments
N/A
N/A
161
$305,077.29
$3,420.00
37
$25,308.00
$3,420.00

Windstream was notified 6/29/15 that IBWC permit was
approved. Windstream is in conflict of drill shaft
construcion. Windstream completed adjustment on
2/25/16. During conflict time, contractor was able to
continue work on other items and locations.
AEP RELOCATED POWER POLES TO NEW ROW. SP 004-017
USED TO CALCULATE COST/DAY.
N/A
MVEC RELOCATED POLES TO NEW ROW. SP 004-017 USED
TO CALCULATE COST/DAY.
District
Highway
Description
Utility Owner
FM 681

Urban
AT&T
US 83
Interchange Improvements
AT&T
US 83
US 83
CS
SAN ANTONIO
FM 78
FM 1101
Time Delay (Days)
600
$1,122,742.00
AT&T is currently adjusting their non-compensable lines

and is working on providing areas were the contractor can
work. The estimated completion date for the adjustments
of their non-compensable lines was 8/28/15. AT&T
continues with adjustments as of today (May 13, 2016).
The adjustment of AT&T's compensable strucutres
(remote terminals) has not begun.
357
$1,200,000.00
281
$0.00
236
$0.00
AEP
AT&T
Reconstruct And Widen

Existing Roadway
AT&T
Widen Existing Roadway To

Provide A Continuous Left
Turn Lane, Bike
Accommodation Lane And
Sidewalks
AT&T
Contractor has been able to work in other areas of the

project. TxDOT communicates with AT&T on a bi-weekly
basis.
N/A
N/A
70
$46,685.00
180
$0.00
The overhead AT&T lines were in conflict with the

proposed pedestrian bridge. Plan Sheet 97, Sta. 6+00.
N/A
Delay claim anticipated from contractor
180
IH 10
Comments
Texas Gas Service
Construct Sidewalks,
Redesign Crosswalks, & Install
Bike Racks
Widen & Convert Frontage

Roads To One Way, Add New
Ramp & Convert Existing
Ramps To One Way
Operation
Additional Costs
$0.00
AT&T
Delay claim anticipated from contractor
180
22
$0.00
District
Highway
FM 306
Description
Expand 2 To 4 Lanes With
Continuous Left Turn Lane,
Bike Lanes And Sidewalks
Utility Owner
Time Delay (Days)
AT&T
N/A
180
$0.00
TYLER
SH 64
Widen 2 Ln Roadway To
Super-2 (3 Lane) Criteria
FM 2311
Widen Pavement To Add

Shoulders, Provide Safety
Upgrades And Resurface
AT&T
Widen From Two To Four

Lanes With Raised Median
AT&T

Lanes With Continuous Left
Turn Lane And Resurface
Texas New Mexico Power

Windstream

City of Whitney buried Water

and Sanitary Sewer
WACO
SH 317
FM 933
FM 933
FM 933
AT&T
60
$0.00
130
$13,018.18
83
$50,225.28

AT&T was notified of future construction project in

October 2013. Upon reviewing the plans, they responded
that no conflicts were present. Conflicts during
construction were encountered in October 2014 and was
resolved at the end of August 2015. TxDOT contractor
time was suspended 2 months and has been working
around the conflict areas.
Contractor requested amount is in negotiations.
N/A
This is an estimated delay cost. The contractor has not

submitted an actual claim.
45
$45,000.00
45
$45,000.00

20
FM 933
Comments
Additional Costs
$20,000.00
City of Whitney
Contract canceled
0
23
$4,138.16
District
Highway
IH 35
IH 35
IH 35
IH 35
IH 35
FM 1637
FM 1637
FM 2837
SH 6
IH 35
Description
Utility Owner
Time Delay (Days)
Construct Southbound And

Northbound Frontage Roads
Atmos Gas

City of Waco Water

Grande Communications
Fiber Optics

Windstream

City of Waco Sanitary Sewer
Reconstruct And Widen From

Two To Four Lanes With
Raised Median
Two To Four Lanes With
Raised Median
Intersection Operational
Improvement
Add Continuous Left Turn
Lane And Shoulders
Four To Eight Lanes
City of Waco (Water &

Sewer)
50
$150,000.00
30
$60,000.00
$10,000.00
$10,000.00
60
$50,000.00
60
$87,500.00
Time Warner Cable

Sunoco Logistics
AT&T
AT&T
24
Comments
Additional Costs
60
$87,500.00
153
$10,506.25
108
$0.00
125
$500,000.00

N/A
Time was suspended and contractor did not request
additional payment
District
Highway
IH 35
Description
Four To Eight Lanes
Utility Owner
Time Warner
Time Delay (Days)
Additional Costs
50
$200,000.00
Comments
WICHITA FALLS
SH 240
CR
YOAKUM
FM 108
FM 155
CR
US 59
Replace Bridge And

Approaches
Replace Bridge And

Approaches
Replace Bridge And
Approaches
Replace Bridge And
Approaches
Replace Bridge And
Approaches
Construct Frontage Roads
AT&T
AT&T
AT&T
Fayette Electric Coop., Inc.
San Bernard Electric CO-OP
AT&T
Total Delay in Days and Cost
25
100
TBD
12
$0.00
$0.00
13
$0.00
$0.00
159
10,432
$529,847.89
$21,900,639.34
Additional AT&T conflict identified on July 15, 2015. Delay

from September 15, 2015, to February 16th, 2016 while
the contractor waited for the line to be relocated.
Contractor was delayed from November 18th, 2014, to
December 8th, 2014.
N/A
N/A
N/A
The utility delay occurred between 10/28/13 to 9/29/14

Utility Relocation Report

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Utility Relocation Report

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Utility Relocation

House Transportation Committee

UTILITY RELOCATION PROCEDURES AND POLICIES

Currently, TxDOTs Utility Accommodation Policy prescribes allowances of certain utilities

TxDOTs utility relocation overarching philosophy includes:

Utilities have capital budget, material or labor limitations; or

One or a combination of these problems generally causes delays in transportation project

Texas Transportation Code, 203.092 outlines reimbursement eligibility for a utilitys

manage construction delays and additional costs.

INCENTIVES AND DISINCENTIVES

Texas Department of Transportation

Time Delay (Days)

Time suspended from 7/10/2014 - 7/15/2015 due to

Widen, Rehabilitate, Replace

Construct New Relief Route

Rehabilitation, Acp, Sidewalks

Rehabilitation, Acp, Sidewalks

Construct New Interchange

Adjust utility poles

Adjusted water meters

Rehab Existing Roadway

Rehabilitation And ReDesignation Of Cr To Sh

Rehabilitation And ReDesignation Of Cr To Sh

Rehab Existing Roadway

Utility encountered during construction

City of Stratford (SEWER)

City of Stratford (WATER)

Additional 2 Lanes And

Additional 2 Lanes And

Additional costs undetermined. Contractor has claim

Texas Department of Transportation

Additional 2 Lanes And

Additional 2 Lanes And

Time Delay (Days)

Contract time charges suspended due to unclear utility.

Improve Alignment And Add

Bowie-Cass Electric Coop

Only indirect cost to this conflict

Improve Alignment And Add

Only indirect cost to this conflict

Improve Alignment And Add

Improve Alignment And Add

Only indirect cost to this conflict

Only indirect cost to this conflict

Only indirect cost to this conflict

Tri Special Utility District

Replace Bridge And

Replace Bridges And

Add Center Turn Lane And

Improve Alignment And Add

Only indirect cost to this conflict

Cost associated with this delay are yet undertermined we

Texas Department of Transportation

Upgrade To 3-Lane Section

Upgrade To 3-Lane Section

Improve Guardrail To Design

City of San Marcos Electric

Add Left Turn Lane &

Time Delay (Days)

Time Suspended from 1/27/14 - 3/31/14.

Add 2 Lanes To Existing 2

Delay claim because of utilities -- AT&T, Time Warner, City

Replace Bridge And

Project had several month delay past item 8 clear date