City of Dardenne Prairie, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 1156 §1, 5-16-2007]
Sections 635.101 to 635.109 shall be known as the "City of Dardenne Prairie Road Utility Relocation Act". City shall not be required to redesign any project plans or mail additional notices, nor shall the owner of a utility facility be required to submit additional relocation plans or otherwise comply with requirements of Sections 635.101 to 635.109 for any construction project on a City road for which the letting date was prior to June 1, 2007.
[Ord. No. 1156 §1, 5-16-2007]
As used in Sections 635.101 to 635.109, the following terms shall mean:
ACT OF GOD
An unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
CITY
The City of Dardenne Prairie, Missouri, the City Engineer or designees of the City Engineer for the purpose of Sections 635.101 to 635.109.
CITY ENGINEER
The City Engineer of the City of Dardenne Prairie, Missouri.
CITY ROAD
A road constructed or maintained at the cost of the City or constructed with the aid of State funds or United States Government funds or any road included by authority of law in the City road system.
CONSTRUCTION PROJECT
All contracts let for construction, reconstruction or improvement of City roads, except for contracts for maintenance or resurfacing determined by the City not to conflict with public utilities and routine maintenance and repairs completed by employees or contractors of the City. The term "construction project" shall not include projects for road beautification, road irrigation and drainage projects, culvert installation or repair, sound wall installation, decorative lighting, landscaping or other projects not directly related to improving or routing road traffic. The term "construction project" shall also not include any project authorized by the City to accommodate any private development, including a shopping mall, stadium, office building or arena.
CONTRACTOR
Any person entering into a contract with the City for purposes of completing a construction project on a City road, including a subcontractor or supplier to such contractor.
CUSTOMER DELAYS
Delays in the relocation work due to delays caused by the utility's customers including, but not limited to, delays in getting written or oral approvals from customers for permissible utility service cut-over dates.
CUT-OVER DATE
The date utility owner interrupts utility service to a utility customer provided through an existing utility facility and switches the service over to a new utility facility serving the customer.
DAY or DAYS
A business day or a period of consecutive business days consisting of every work day excluding Saturdays, Sundays and legal holidays.
EXTREME WEATHER EVENT
A severe weather occurrence including, but not limited to, fire, flood, earthquake, tornado, wind, hurricane, storm, ice, abnormal rainfall, blizzard or extended periods of severe inclement weather.
LETTING DATE
The date established by the City for the acceptance of bids by contractors.
MAIL
A dated written transmittal sent to the addressee by regular or certified mail.
MAINTENANCE
Routine work performed on City roads by employees of the City or contractors to the City, including minor pavement and shoulder repairs, striping, grading, irrigation ditch clearing, street overlays and other work determined by the City not to conflict with public utilities.
NOTICE TO PROCEED
Notice by the City to a contractor to proceed with work on a contract awarded by the City.
OWNER
The individual, firm, joint venture, partnership, corporation, association, cooperative, municipality, County, district, political subdivision, department, agency or any other institution owning or operating utility facilities.
PROJECT PLANS
Any plan for road construction projects demonstrating the need to design and conduct utility facility alterations or relocations due to the work.
RELOCATE or RELOCATION
The adjustment of utility facilities as the City or City Engineer may determine is necessary in connection with the construction of a City road. "Relocation" includes:
1. 
Removing and reinstalling the utility facility, including necessary temporary facilities;
2. 
Moving, rearranging or changing the type of existing utility facilities; and
3. 
Taking any necessary safety and protective measures.
RELOCATION PLAN
A plan designed by the owner to carry out utility facility relocation work to accommodate a construction project on a City road.
RESURFACING
Work which provides a new roadway surface for existing pavement on a City road, including minor base patching, intersection paving, shoulder work and guardrail work which is determined by the City not to conflict with public utilities.
UTILITY CONTRACTOR
A person contracting with an owner of a utility facility or a subcontractor to a person contracting with an owner of a utility facility for the alteration, relocation or installation of a utility facility in connection with a construction project on a City road.
UTILITY FACILITY
Any underground facility as defined in Section 319.015, RSMo., and above ground facilities, including poles, lines, wires and appurtenances, for the purposes of electrical power, telephone, telegraph, fiber optic and cable television services and any other purpose for which above ground utility facilities may be located along City roads.
WORK
Construction and services required of the contractor by the contractor's contract with the City, including excavation as that term is defined in Section 319.015, RSMo.
[Ord. No. 1156 §1, 5-16-2007]
A. 
At the earliest possible date in the design of a construction project on a City road, the City shall attempt to determine what utility facilities are located within the right-of-way of the planned construction project by researching permit files and reviewing map files maintained by the City. The City shall also, as necessary, conduct field investigations and contact local governments to identify any utility facilities within the right-of-way.
B. 
Within thirty (30) days of completion of the survey conducted under Subsection (A) of this Section, the City shall notify in writing owners of each known utility facility that a construction project is planned that may conflict with their utility facility. The notification shall include the name or route number of the road, the geographical limits of the planned construction project, a general description of the work to be done including a preliminary plan, the desired date for completion of a relocation plan and the anticipated month and year a letting date could be set for the construction project.
C. 
The owner shall examine the notice and notify the City in writing of any utility facility not correctly described in the City's notice. Within sixty (60) days of receiving the notice required in Subsection (B) of this Section, the owner shall provide a written response to the City. The response shall describe and provide the general location of each utility facility of the owner by confirming the location shown in the City's notice or by providing additions or corrections.
[Ord. No. 1156 §1, 5-16-2007]
A. 
Upon completion of the initial design of the construction project, the City shall provide at least one (1) set of project plans to each owner of a utility facility identified under Section 635.103.
B. 
The project plans shall show those portions of the construction project upon which the owner's utility facilities are located and where the utility facilities of other owners are located in relation to work required for the project. The City shall also provide with the project plans a description of any right-of-way still to be purchased and the anticipated letting date of the project. The project plan shall be accompanied by a complete set of plans including profile, cross section, drainage, signal, lighting, signing plans, temporary road plans that may affect utilities and other pertinent plan sheets. Upon request of the owner, the City shall provide any additional plan information needed by the owner to design and lay out the removal, relocation or adjustment of existing facilities and the placement of relocated or new utility facilities within the limits of the construction project.
C. 
Within thirty (30) days of receipt of the project plans, the utility owner shall develop a preliminary plan of adjustment and return the marked-up project plans to the City. The plan of adjustment shall include:
1. 
Verification that all utility facilities are shown;
2. 
The proposed location of adjusted utility facilities;
3. 
Any additional right-of-way requirements; and
4. 
Any other concerns.
D. 
When two (2) or more owners have facilities in the area encompassed by the construction project, the City shall schedule a utility coordination meeting as soon as possible but no longer than thirty (30) days from the date the project plans were mailed. The City's project manager and all owners are required to attend this meeting. If there is a conflict between two (2) owners which cannot be satisfactorily resolved by the owners, the City shall determine the most appropriate method to resolve the conflict between the two (2) owners and, in making such determination, shall weigh equally the length of time necessitated by each owner's proposal and the relative cost to each owner if the other's proposal is adopted. The City shall notify all utility owners involved with the project in writing of the City's acceptance or revisions to the utility plan of adjustment.
[Ord. No. 1156 §1, 5-16-2007]
A. 
Within one hundred twenty (120) days of receiving written notice of approval of the utility plan of adjustment from the City, the owner shall provide the City with a relocation plan. The one hundred twenty (120) day clock stops after the relocation plan is submitted by the owner. If, after timely submission of the relocation plan by the owner, revisions or alterations are necessary for any reason, or if the original relocation plan was incomplete due to information needed from other parties, the one hundred twenty (120) day clock begins to run again when the needed information is received back by the owner.
B. 
The relocation plan shall include a narrative description of work that will be done in relocating the owner's utility facilities and whether the work or a portion of the work must be coordinated with or is contingent upon work being performed by another utility facility owner or the contractor to the City. The relocation plan shall list, if applicable, any anticipated issues or problems related to the acquisition of right-of-way. The relocation plan shall, if applicable, detail the anticipated number of days to acquire additional easements not provided within the new road right-of-way. The relocation plan shall also give estimates as to the time needed to obtain any necessary customer approvals for cut-over dates, if necessary. The relocation plan shall state when the work will be started and the length of time in days estimated to complete the work. It is permissible for an owner to state in a relocation plan that the owner's work will be completed within a stated number of days from the date that a contractor or another owner completes certain identified work which interferes with the owner's work. The relocation plan shall identify any contingencies, if applicable, that may impact the anticipated start of relocation. The relocation plan shall also describe whether the plan is incomplete due to:
1. 
Other owners failing to coordinate their plans with the owner submitting the plan;
2. 
Other owners failing to provide information necessary to submit a complete relocation plan;
3. 
The City failing to provide any information required by Subsection (B) of Section 635.104; or
4. 
Any other reason explained in the plan regarding the circumstances and cause of the plan being incomplete.
C. 
The City shall review the relocation plan to ensure compatibility with permit requirements, the project plan and the anticipated letting date and notice to proceed for the project. If utility relocation is dependent upon or must be coordinated with work to be completed by the contractor, the relocation plan shall assure timely completion of the project. If the relocation plan is acceptable to the City, the City shall notify the owner in writing within thirty (30) days of receiving the plan. If the relocation plan submitted by the owner is not compatible, reasonable or does not allow timely completion of the project, the City shall advise the owner in writing as soon as practicable, but not later than thirty (30) days after receiving the relocation plan. The City shall specify in the notice which parts of the relocation plan it finds objectionable and the reasons for its conclusions. The owner shall submit a revised relocation plan within thirty (30) calendar days after receipt of notice by the City that the relocation plan is not acceptable. The City shall review the revised relocation plan and if the relocation plan is still not acceptable, the City shall provide a relocation plan to the owner. The owner shall not be bound by the terms of the City's relocation plan if such relocation plan:
1. 
Requires the payment of overtime to employees to expedite the construction project; or
2. 
Requires the owner to comply with a deadline which is not feasible due, in whole or in part, to one (1) or more factors outside the control of the owner.
D. 
If the owner informs the City, in writing, or the City determines that the owner's relocation work is dependent upon or must be coordinated with work being performed by the City's contractor, the City shall convene a meeting of the contractor and the one (1) or more owners whose relocation work is dependent upon or must be coordinated with the contractor's work. Such meeting shall be held after the letting date at which bids were received for the construction project, but prior to the issuance of a notice to proceed to the City's contractor. After such meeting and before or concurrent with the issuance of a notice to proceed, the City shall provide a schedule for the relocation of utilities to the owner and the City's contractor. If the approved relocation plan or a portion of such plan, is dependent upon or must be coordinated with work to be performed by the contractor, the contractor shall notify the City of its best estimate of the date that all construction necessary for the relocation of utilities will be completed, at least fourteen (14) days prior to such date. If such completion date is delayed due to weather or other causes, the contractor shall immediately notify the City of the delay and the revised expected completion date. The contractor shall give a second (2nd) notice to the City five (5) days prior to the date work will be completed as necessary for relocation work to begin. It shall be the responsibility of the City to notify the owner or owners of the contractor's estimated completion dates. The contractor may also notify the owner directly of such dates, if the contractor has received information from the owner under Subsection (E) of this Section, but such notice shall not relieve the City of its obligation to notify the owner. If the contractor's delay causes additional delay by the owner, the City and the owner shall negotiate in good faith to determine the new completion date.
E. 
Notification.
1. 
The City shall notify the owner in writing not less than thirty (30) days before the owner is required to begin relocation provided for in the approved relocation plan. Unless the owner has encountered excusable delay as set forth in Subsection (D) of Section 635.108, the owner shall complete its work within the time frame described in the relocation plan and shall complete all work that can be done prior to construction before the issuance of the notice to proceed, including work that may need to be coordinated with other utility owners but is not dependent on the work of the contractor.
2. 
The notice required by Subdivision (1) of this Subsection shall include the name, address, telephone number, facsimile number and electronic mail address of the City's contractor and any subcontractors performing work on the construction project. Such information shall also include the name and title of an individual employed by the contractor or subcontractor having primary responsibility for the construction project. Within fifteen (15) days of receiving notice, the owner shall provide to the City and the City's contractor the name, address, telephone number, facsimile number and electronic mail address of the employee of the owner who is responsible for implementation of the owner's relocation plan and the same information for any utility contractor to the owner for purposes of carrying out the relocation plan.
F. 
The owner shall notify the City when relocation work has started. During the course of the relocation work, the City may require owners to provide progress reports until its relocation is completed. The owner shall notify the City when all relocation work is complete. All notices of either starting or completion of relocation work and all monthly progress reports shall be provided within five (5) days after such dates.
[Ord. No. 1156 §1, 5-16-2007]
A. 
If, prior to the letting date of the construction project, the City's project plan is changed so that additional or different utility relocation work is found necessary, the City shall furnish a revised project plan under Section 635.104 and the owner shall provide the City with a revised relocation plan under Section 635.105, except that the time allowed for the owner to submit the revised relocation plan after receipt of the revised project plan shall not exceed sixty (60) days.
B. 
If, after the letting date of the road construction project, additional utility relocation work is found necessary which was not indicated on the original project plan, the City shall provide the owner with a revised project plan within fifteen (15) days and the City and the owner shall agree on a reasonable schedule for completion of the additional utility location.
[Ord. No. 1156 §1, 5-16-2007]
A. 
The City shall have authority to require that any required notice, response or plan be submitted by mail or certified mail. Otherwise notices, plans and other statements in writing may be provided by mail, facsimile or electronic mail. The City may require that some form of proof of receipt be provided in regard to any notice, plan or other statement in writing. Upon mutual agreement between the City and an owner, additional time may be granted for the completion of any act required by Sections 635.101 to 635.109.
B. 
Nothing in Sections 635.101 to 635.109 shall be construed to relieve a contractor from making notice of excavation as required by Sections 319.010 to 319.050, RSMo., of the Underground Facility Safety and Damage Prevention Act or complying with the requirements of Sections 319.075 to 319.090, RSMo., of the Overhead Power Line Safety Act, except to the extent that any provisions of Sections 635.101 to 635.109 require additional obligations beyond those set forth in Sections 319.011 to 319.050, RSMo., or Sections 319.075 to 319.090, RSMo., in which case the requirements of Sections 635.101 to 635.109 shall prevail.
[Ord. No. 1156 §1, 5-16-2007]
A. 
If the owner of a utility facility fails to provide the responses or corrections to project plans required by Sections 635.103 to 635.106, the City may recover from the owner damages in the amount of up to one hundred dollars ($100.00) per day for each day the required act is not completed.
B. 
If the owner fails to provide a relocation plan or fails to timely relocate utility facilities in accordance with the relocation plan as required by Section 635.105, the City may recover from the owner damages in the amount of up to five hundred dollars ($500.00) per day for each day the required act is not completed.
C. 
The damages authorized by Subsections (A) and (B) of this Section may be recovered through actions brought by the City Attorney. An action to collect the damages authorized by this Section shall be brought in a court of appropriate jurisdiction.
D. 
No damages or fines of any kind shall be assessed for delays that result, in whole or in part, directly or indirectly, from any of the following:
1. 
Customer delays;
2. 
Labor strikes or shortages;
3. 
Terrorist attacks, riots, civil unrest or criminal sabotage;
4. 
Acts of God or extreme weather events;
5. 
Delays caused by staffing shortages in the geographic area near the City's construction project due to the owner's need to reassign an unusual number of workers to any other area to respond to an act of God or extreme weather event;
6. 
The failure of another owner to sufficiently complete its required relocation of utility facilities that interfere with an owner's relocation plan;
7. 
The failure of another owner or delay by another owner in submitting relocation plans that interfere with an owner's relocation plan;
8. 
Delays by the City in acquiring necessary right-of-way or necessary easements;
9. 
Delays caused by facility damages or cable cuts caused by the City's contractor, other owners or third (3rd) parties;
10. 
Unusual material shortages; and
11. 
Any other event or action beyond the reasonable control of the owner.
The occurrence of any of the unusual events listed in this Section shall constitute an affirmative defense to the assessment of damages under the provisions of this Section.
E. 
The removal and relocation of utility facilities shall be made at the expense of the owners unless otherwise provided by the City. If the owner fails to relocate the utility facilities in accordance with the relocation plan as required by Section 635.105, the utility facilities may be removed and relocated by the City or under its direction and the cost of relocating the utility facilities shall be collected from such owner. If the City or its designee removes and relocates the utility facilities, the utility owner shall not be liable to any party for any damages caused by the City's or the City's designee's removal and relocation of such facilities.
[Ord. No. 1156 §1, 5-16-2007]
This Act is adopted pursuant to authority specifically granted by Section 227.559, RSMo., and is intended to be consistent with the requirements of the State Highway Utility Relocation Act as set forth in Sections 227.551 to 227.559, RSMo. The following terms from the State Act have been replaced as follows:
Commission — City;
Director — City Engineer;
Highway — Road; and
State Highway — City road.