227.555. Relocation plan, contents--review of plan--meeting for coordination of work required--notification of approval of plan.
Relocation plan, contents--review of plan--meeting forcoordination of work required--notification of approval of plan.
227.555. 1. Within one hundred twenty days of receiving writtennotice of approval of the utility plan of adjustment from the commission,the owner shall provide the commission with a relocation plan. The onehundred twenty-day clock stops after the relocation plan is submitted bythe owner. If, after timely submission of the relocation plan by theowner, revisions or alterations are necessary for any reason, or if theoriginal relocation plan was incomplete due to information needed fromother parties, the one hundred twenty-day clock begins to run again whenthe needed information is received back by the owner.
2. The relocation plan shall include a narrative description of workthat will be done in relocating the owner's utility facilities and whetherthe work or a portion of the work must be coordinated with or is contingentupon work being performed by another utility facility owner or thecontractor to the commission. The relocation plan shall list, ifapplicable, any anticipated issues or problems related to the acquisitionof right-of-way. The relocation plan shall, if applicable, detail theanticipated number of days to acquire additional easements not providedwithin the new highway right-of-way. The relocation plan shall also giveestimates as to the time needed to obtain any necessary customer approvalsfor cut-over dates, if necessary. The relocation plan shall state when thework will be started and the length of time in days estimated to completethe work. It is permissible for an owner to state in a relocation planthat the owner's work will be completed within a stated number of days fromthe date that a contractor or another owner completes certain identifiedwork which interferes with the owner's work. The relocation plan shallidentify any contingencies, if applicable, that may impact the anticipatedstart of relocation. The relocation plan shall also describe whether theplan is incomplete due to:
(1) Other owners failing to coordinate their plans with the ownersubmitting the plan;
(2) Other owners failing to provide information necessary to submit acomplete relocation plan;
(3) The commission failing to provide any information required bysubsection 2 of section 227.554; or
(4) Any other reason explained in the plan regarding thecircumstances and cause of the plan being incomplete.
3. The commission shall review the relocation plan to ensurecompatibility with permit requirements, the project plan, and theanticipated letting date and notice to proceed for the project. If utilityrelocation is dependent upon or must be coordinated with work to becompleted by the contractor, the relocation plan shall assure timelycompletion of the project. If the relocation plan is acceptable to thecommission, the commission shall notify the owner in writing within thirtydays of receiving the plan. If the relocation plan submitted by the owneris not compatible, reasonable, or does not allow timely completion of theproject, the commission shall advise the owner in writing as soon aspracticable, but not later than thirty days after receiving the relocationplan. The commission shall specify in the notice which parts of therelocation plan it finds objectionable, and the reasons for itsconclusions. The owner shall submit a revised relocation plan withinthirty calendar days after receipt of notice by the commission that therelocation plan is not acceptable. The commission shall review the revisedrelocation plan, and if the relocation plan is still not acceptable, thecommission shall provide a relocation plan to the owner. The owner shallnot be bound by the terms of the commission's relocation plan if suchrelocation plan:
(1) Requires the payment of overtime to employees to expedite theconstruction project; or
(2) Requires the owner to comply with a deadline which is notfeasible due, in whole or in part, to one or more factors outside thecontrol of the owner.
4. If the owner informs the commission, in writing, or the commissiondetermines that the owner's relocation work is dependent upon or must becoordinated with work being performed by the commission's contractor, thecommission shall convene a meeting of the contractor and the one or moreowners whose relocation work is dependent upon or must be coordinated withthe contractor's work. Such meeting shall be held after the letting dateat which bids were received for the construction project, but prior to theissuance of a notice to proceed to the commission's contractor. After suchmeeting, and before or concurrent with the issuance of a notice to proceed,the commission shall provide a schedule for the relocation of utilities tothe owner and the commission's contractor. If the approved relocationplan, or a portion of such plan, is dependent upon or must be coordinatedwith work to be performed by the contractor, the contractor shall notifythe commission of its best estimate of the date that all constructionnecessary for the relocation of utilities will be completed, at leastfourteen days prior to such date. If such completion date is delayed dueto weather or other causes, the contractor shall immediately notify thecommission of the delay and the revised expected completion date. Thecontractor shall give a second notice to the commission five days prior tothe date work will be completed as necessary for relocation work to begin.It shall be the responsibility of the commission to notify the owner orowners of the contractor's estimated completion dates. The contractor mayalso notify the owner directly of such dates, if the contractor hasreceived information from the owner under subsection 7 of this section, butsuch notice shall not relieve the commission of its obligation to notifythe owner. If the contractor's delay causes additional delay by the owner,the commission and the owner shall negotiate in good faith to determine thenew completion date.
5. (1) The commission shall notify the owner in writing not lessthan thirty days before the owner is required to begin relocation providedfor in the approved relocation plan. Unless the owner has encounteredexcusable delay as set forth in subsection 4 of section 227.558, the ownershall complete its work within the time frame described in the relocationplan, and shall complete all work that can be done prior to constructionbefore the issuance of the notice to proceed, including work that may needto be coordinated with other utility owners but is not dependent on thework of the contractor.
(2) The notice required by subdivision (1) of this subsection shallinclude the name, address, telephone number, facsimile number, andelectronic mail address of the commission's contractor and anysubcontractors performing work on the construction project. Suchinformation shall also include the name and title of an individual employedby the contractor or subcontractor having primary responsibility for theconstruction project. Within fifteen days of receiving notice, the ownershall provide to the commission and the commission's contractor the name,address, telephone number, facsimile number, and electronic mail address ofthe employee of the owner who is responsible for implementation of theowner's relocation plan and the same information for any utility contractorto the owner for purposes of carrying out the relocation plan.
6. The owner shall notify the commission when relocation work hasstarted. During the course of the relocation work, the commission mayrequire owners to provide progress reports until its relocation iscompleted. The owner shall notify the commission when all relocation workis complete. All notices of either starting or completion of relocationwork and all monthly progress reports shall be provided within five daysafter such dates.
(L. 2005 H.B. 209 § 227.245)Effective 1-01-06