Construction Controversy – Who Picks Up The Tab?
A disagreement with the Tennessee Department of Transportation could leave the Town of Dandridge and Jefferson Cocke Utility paying the tab for road work associated with a combined Dandridge Water Department and Jefferson Cocke Utility project. Members of the Dandridge Board of Mayor and Aldermen were informed last week that a representative of Jefferson Cocke Utility, as well as Dandridge Water Superintendent Norton and Town Administrator Peagler, will make a trip to Nashville later this week to plead the case for intervention on behalf of the two entities that are facing estimated costs of $90,000 each.
At the center of the debate is the level of financial responsibility that the Town and utility company have to return roads to a pre construction state, following extensive digging in the center of downtown Dandridge. Town Administrator Peagler stated in a phone interview Monday that the decision to accelerate work on lines in the section of road that runs directly in front of the Historic Jefferson County Courthouse were made following contact from TDOT that informed the parties that paving was scheduled in the area. It was the understanding of both Jefferson Cocke and the Dandridge Water Department that TDOT would incur the cost associated with repaving the area after line work was completed. TDOT officials, however, contend that the extensive digging in the area and subsequent road repairs necessary are outside the scope of their project, which was only maintenance paving.
In an email from TDOT Community Relations Representative Mark Nagi, he stated
We notify the utility companies of our upcoming roadway resurfacing projects which allows them to repair and or replace utilities that are under the asphalt before the new asphalt is placed. We encourage utilities to make repairs prior to resurfacing commences in order to preserve the pavements as long as possible on our roadways. Due to budget limitations, non interstate routes are being resurfaced at best an average of 12 years.
Under certain circumstances utilities are reimbursed for utility work when a line is impacted by a state roadway construction project causing it to be relocated. In many cases, when a utility located inside the state right of way is impacted by state roadway construction, the utility will have to relocate at their own cost. Resurfacing projects replace the existing asphalt surface which is not intrusive to existing underground utilities therefore these types of projects are exempt from utility reimbursement.
The work to upgrade the water and gas lines was initiated by the utility companies and not part of any TDOT project. ln these cases, we permit utilities to work within the state right of way and the cost for repairs to the roadway, due to their construction, are the responsibility of the utility performing the work. Our utility permit outlines when the asphalt and or bedding material of a roadway is removed it should be replaced in kind.
Please see the resurfacing letting schedule below:
July 11, 2014 Letting
Call 004 Contract CNN927 Project
THE RESURFACING (THIN MIX OVERLAY) ON S.R. 139 FROM THE SEVIER COUNTYLINE (L.M. 0.00) TO S.R. 92 (L.M. 7.97).
45019-4210-04,HSIP-139(8),45019-3210-94 County JEFFERSON
CHARLES BLALOCK & SONS, INC.
$ 877,969.69
Contract Awarded
Peagler said that reorganization at TDOT has made appealing the issue difficult and she has hopes that meeting with an aid from Governor Haslam’s office can open lines of communication in an appeal process. She noted that upcoming work in the Dandridge area will necessitate some means to convey concerns and appeal decisions that may not be in the best interest of the Town. Dandridge Mayor Gantte stated that the decision to accelerate water line work was approved by the Board of Mayor and Aldermen and came by recommendation. The meeting in Nashville to discuss the issue is scheduled for Thursday.
