[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]
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.
The City Engineer of the City of Dardenne Prairie, Missouri.
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.
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.
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.
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.
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.
A business day or a period of consecutive business days consisting
of every work day excluding Saturdays, Sundays and legal holidays.
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.
The date established by the City for the acceptance of bids
by contractors.
A dated written transmittal sent to the addressee by regular
or certified mail.
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 by the City to a contractor to proceed with work on
a contract awarded by the City.
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.
Any plan for road construction projects demonstrating the
need to design and conduct utility facility alterations or relocations
due to the work.
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:
A plan designed by the owner to carry out utility facility
relocation work to accommodate a construction project on a City road.
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.
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.
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.
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:
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:
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:
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]
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.
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.
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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.
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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.
