TRN-10.45 – Relocation Process for Public Utilities

Purpose

This document details the utility notification and relocation process as it pertains to private utilities within City of Portland (City) public right-of-way. Pursuant to Portland City Code (PCC) 17.56.060, the City has the authority to require Utilities to relocate at their expense whenever the City Administrator directs.  

Code Summary

Per PCC 17.56.060 (Relocation and Discontinuation of Facilities), the City Administrator may direct any person owning, operating, or managing any public utility in the City and using facilities located in public right of way to temporarily or permanently remove, relocate, change or alter the position of facilities installed by that person or that person’s predecessor within the public rights-of-way whenever necessary, in the City's determination. A public utility is defined in PCC 17.56.005 and referred to herein as a Utility.

Except in the case of an emergency or as otherwise agreed to by the City Administrator, the temporary or permanent removal, relocation, change or alteration of the position of facilities must be completed within the timeframe stated within the relocation demand letters from the Portland Bureau of Transportation (PBOT) Director or their designee.

The City Administrator has delegated enforcement of certain Code authorities to PBOT. 

Policy

I. Utility Notification Process for Capital Improvement Projects (CIP) / Public Works Permit Projects (PWP) 

1.     First Utility Notice (approximate 30% Design Plans) 

Upon notice, by the Project Manager (PM) or Construction Manager (CM) of a new CIP or PWP project, the City will distribute to all Utility providers a notice of an upcoming project.  The Utility Notice requires that the Utility identify any potential conflicts of their current or planned infrastructure system.  All conflicts must be directly communicated and identified to the PM/CM.

A Utility must respond within the requested timeline with the following: 

• Infrastructure map detailing any facilities within project scope:
  • Differentiate between aerial pole-attached facilities and underground facilities.
  • Spans, vaults, conduits, poles, etc.
• Capital investment for this area.
• Any conflicts.
• Pole owners in conflict area must provide list of lessees. NOTE: PBOT will send a relocation letter to pole occupants. However, the pole owner is the responsible party for delay claims.
• For attached facilities located on a utility pole, specify the owner of the pole. 

After receiving an initial response: City may host/schedule meetings to discuss utility relocation needs on the projects. 

2.     Second Utility Notice (approximate 60% Design Plans) 

This second notice notifies the Utility of the project with more detail.

A Utility must respond with: 

• Confirmation that all Utility infrastructure has been identified and properly located.
• Confirmation that all Utility conflicts have been identified.
• Depth of cover over existing facilities and/or heights of existing spans.
• If a pole is in the project area, the pole owner must include list of attachments with connection order of lessees.
• If a pole is in conflict, the response must include guy wires and list of lessees. Note: The responsible party for delay claims is the pole owner.
• Mark additional conflicts, type and location, on the original drawings. 
  • If no additional conflicts are apparent, please note “No Additional Conflicts” on the cover sheet of the drawings in the response. 
• Return all marked drawings no later than the specified deadline detailed in the Utility Notice.
• Include a design timeline and construction schedule for relocation of facilities when needed.
• The Utility must submit a permit application of the Utility’s relocation design, if necessary, to PBOT for review.

PBOT will send the initial relocation letter to known conflicting utilities at 60% design plans.

3.     Third Utility Notice (90% and/or Final approved signed plans)

The third notice notifies the Utility of the following:

• Project design completion.
• Anticipated construction start date.

Any facilities in conflict with these project plans not relocated prior to the start of construction may cause delays to the project and will be held responsible for any costs associated with the relocation of their facilities. See Delay Claims section below for more information. 

4.     Fourth Utility Notification (Notice To Proceed (“NTP”))

The fourth notice notifies the Utility of the following:

• Contract has been awarded.
• Project timelines have been set.

PBOT will send the final relocation letter to known conflicting utilities. 

II. Utility Relocation Demand Letters

1.     Relocation Demand Letter (initial)

PBOT will draft the initial relocation letter once notified by the PM/CM.  The PM/CM will provide the following information:

• The Utility conflicts and locations, both as a narrative and a highlighted drawing.
• An explanation of the conflict (conflict with City standards, policy, City infrastructure, etc).
• A specific date by which the Utility must respond to the City.

PBOT will send the relocation letter via email and certified mail to the Utility contact.

2.      Relocation Demand Letter (final)

PBOT will draft the final relocation letter once notified by the PM/CM.  The PM/CM will provide the following information:

• Known Utility conflicts and locations, both as a narrative and a highlighted drawing.
• Reason for Utility conflict. 

Utility must comply with the directed timeline as identified by the City. The City will seek financial recompense due to project delays in accordance with PCC 17.56.060.  

PBOT will send the final relocation letter via email and certified mail to the Utility contact. 

NOTE: A final relocation demand letter may be sent out, instead of the initial relocation demand letter, when conflicts are discovered during construction or have been deemed an emergency. 

III. Delay Claims 

PBOT will seek compensation for the associated costs incurred as a result of project delays caused by delinquent relocations in accordance with PCC 17.56.060. These costs may include, but are not limited to: staff time, construction delay claims, and any other cost caused by the failure to relocate in the manner prescribed.  

Delay claim will begin immediately upon passed deadline and will be assessed weekly to the Utility.  

Delay claims assessment will stop when the Utility obtains applicable permits and work in the field has been completed.   

IV. Compliance

If relocation does not occur within the directed timeline, the City Administrator may declare any conflicting facilities a public nuisance. Consequently, the Utility will be subject to enforcement in accordance with TRN-8.14 (Right-of-Way Compliance Program).  

V. Conflicts discovered in the field

Conflicts discovered in the field, which were not previously disclosed, will subject the Utility to enforcement and delay claims. When a conflict is discovered during construction, PBOT may send the final relocation demand letter with a limited turn-around time as directed. 

All reasonable efforts, as determined by PBOT, will be made to accommodate the needs of the Utility. 

Effective Date

This administrative rule is effective upon adoption.