HF 1129

1st Engrossment - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to transportation; regulating utility 
  1.3             relocations necessitated by design-build 
  1.4             transportation projects; proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 161. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [161.3430] [UTILITY RELOCATION IN DESIGN-BUILD 
  1.8   TRANSPORTATION PROJECTS.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) "Design-build 
  1.10  project-specific utility relocation agreement" means an 
  1.11  agreement entered into by the commissioner and a utility for the 
  1.12  purpose of providing a general framework for addressing the 
  1.13  utility relocation work necessitated by a design-build 
  1.14  transportation project. 
  1.15     (b) "Design-build transportation project" has the meaning 
  1.16  given in section 161.3410, subdivision 6. 
  1.17     (c) "Force majeure" means fire, flood, explosion, 
  1.18  rationing, unusually severe weather, act of God, act of war, or 
  1.19  any other cause that is beyond the control of the party 
  1.20  performing work on a design-build transportation project or 
  1.21  related utility relocation work and that could not have been 
  1.22  anticipated or prevented by the party while exercising 
  1.23  reasonable diligence. 
  1.24     (d) "Utility" means a utility as described in section 
  1.25  161.45, subdivision 1, and includes the owners and operators of 
  2.1   a utility. 
  2.2      (e) "Utility relocation work" includes design, design 
  2.3   review, construction, construction inspection, and related tasks 
  2.4   necessary to move or adjust utilities. 
  2.5      Subd. 2.  [UTILITY SERVICE CONTINUITY.] The commissioner 
  2.6   shall consult with utilities so that utilities may maintain 
  2.7   service to their customers to the extent practicable. 
  2.8      Subd. 3.  [TERMS OF DESIGN-BUILD PROJECT-SPECIFIC UTILITY 
  2.9   RELOCATION AGREEMENT.] (a) The commissioner may enter into a 
  2.10  design-build project-specific utility relocation agreement with 
  2.11  a utility.  The design-build project-specific utility relocation 
  2.12  agreement must incorporate reasonable and appropriate 
  2.13  conditions, which must include, but not be limited to, 
  2.14  conditions for ensuring: 
  2.15     (1) prompt performance of utility relocation work by either 
  2.16  the utility or the contractor for the design-build 
  2.17  transportation project, as specified in the agreement; 
  2.18     (2) cooperation of the utility with the contractor for the 
  2.19  design-build transportation project; 
  2.20     (3) payment by the utility of any damages caused to the 
  2.21  commissioner by the utility's delay in the performance of the 
  2.22  utility relocation work or interference with the performance of 
  2.23  the design-build transportation project, except when the delay 
  2.24  or interference is caused by a force majeure; 
  2.25     (4) establishment of a process for addressing disputes; 
  2.26     (5) development of a work order for each utility 
  2.27  relocation, which governs the scheduling and performance of the 
  2.28  utility relocation work; 
  2.29     (6) that the contractor for the design-build transportation 
  2.30  project takes appropriate measures to ensure service continuity 
  2.31  to the greatest extent practicable.  Necessary interruptions of 
  2.32  service must be described in the work order, which is subject to 
  2.33  the approval of the utility; and 
  2.34     (7) that the contractor for the design-build transportation 
  2.35  project is liable for any actual damages it causes to the 
  2.36  utility for delay of or interference with the utility relocation 
  3.1   work, except that delay or damages caused by a force majeure 
  3.2   must not be charged to the contractor. 
  3.3      (b) Notwithstanding any other provision of law, if a 
  3.4   utility enters into a design-build project-specific utility 
  3.5   relocation agreement with the commissioner, the commissioner: 
  3.6      (1) shall pay for the performance of the design work to 
  3.7   relocate a utility's facilities that the commissioner has 
  3.8   determined must be relocated for the design-build transportation 
  3.9   project; 
  3.10     (2) may perform any utility relocation work through the 
  3.11  contractor for the design-build transportation project, provided 
  3.12  that the cost of this work must be paid by the utility unless 
  3.13  the utility is entitled to reimbursement of its utility 
  3.14  relocation costs under other applicable law; 
  3.15     (3) may, when feasible and in the sole discretion of the 
  3.16  commissioner, and if requested by the utility, provide a 
  3.17  replacement easement to a utility, following the standards and 
  3.18  procedure prescribed in section 161.46, subdivision 4; and 
  3.19     (4) shall, following the procedure in subdivision 9, 
  3.20  paragraph (d), collect and record x, y, z coordinate 
  3.21  information, at an accuracy range of plus or minus six inches, 
  3.22  for that utility's relocated or newly installed underground 
  3.23  facilities in the design-build transportation project when that 
  3.24  utility relocation is complete and provide a copy of the 
  3.25  information to the utility. 
  3.26     Subd. 4.  [ADDRESSING UTILITY CONCERNS.] The department's 
  3.27  project manager shall work with the utility to reach a mutually 
  3.28  satisfactory project-specific utility-relocation agreement so 
  3.29  that the design-build transportation-project may be constructed 
  3.30  without delay or increased cost and, to the greatest extent 
  3.31  practicable, without interruption of utility service.  If the 
  3.32  department's project manager and the utility are unable to reach 
  3.33  a design-build project-specific utility relocation agreement, 
  3.34  the utility may address its concerns to the department's 
  3.35  district engineer, who shall give due consideration to all 
  3.36  issues raised by the utility.  If an agreement cannot be reached 
  4.1   between the district engineer and the utility, the department's 
  4.2   utility engineer shall meet with the utility to discuss the 
  4.3   issues raised by the utility and to attempt to reach an 
  4.4   agreement. 
  4.5      Subd. 5.  [LIABILITY.] When a utility delegates the 
  4.6   responsibility for the performance of any utility relocation 
  4.7   work necessitated by a design-build transportation project to 
  4.8   the contractor for the design-build transportation project 
  4.9   pursuant to a design-build project-specific utility relocation 
  4.10  agreement, the utility is not responsible to the commissioner 
  4.11  for any damages caused by the delay of the contractor for the 
  4.12  design-build transportation project in the performance of the 
  4.13  utility relocation work delegated to the contractor by the 
  4.14  utility. 
  4.15     Subd. 6.  [ACCOMMODATION OF UTILITY IN HIGHWAY CORRIDOR.] 
  4.16  When feasible, and in the sole discretion of the commissioner, 
  4.17  the commissioner may acquire sufficient real property in a 
  4.18  design-build transportation project corridor to accommodate 
  4.19  utility facilities in the corridor and to provide reasonable 
  4.20  access to the utility facilities under conditions prescribed by 
  4.21  the commissioner. 
  4.22     Subd. 7.  [PERFORMANCE OF UTILITY RELOCATION WORK BY 
  4.23  CONTRACTOR FOR DESIGN-BUILD TRANSPORTATION PROJECT.] When the 
  4.24  contractor for the design-build transportation project performs 
  4.25  utility relocation work for a utility, the contractor must: 
  4.26     (1) perform the work in accordance with the utility's 
  4.27  written specifications current at the time of the utility 
  4.28  relocation work; 
  4.29     (2) allow the utility to specify the contractors or 
  4.30  subcontractors who perform the utility relocation work; 
  4.31     (3) allow the utility to furnish the materials for the 
  4.32  utility relocation work as long as they are available in 
  4.33  reasonable time to meet the performance schedule for the 
  4.34  design-build transportation project; and 
  4.35     (4) according to the design-build project-specific utility 
  4.36  relocation agreement and the work order, allow the utility to 
  5.1   provide, subject to acceptance by the contractor for the 
  5.2   design-build transportation project, or to review and approve in 
  5.3   writing, the design and plans for the utility relocation work, 
  5.4   and to inspect and approve the work during the performance of 
  5.5   the work and prior to completion of the work to assure that the 
  5.6   work meets the quality standards of the utility. 
  5.7      Subd. 8.  [WORK ORDERS UNDER DESIGN-BUILD PROJECT-SPECIFIC 
  5.8   UTILITY RELOCATION AGREEMENT.] The commissioner shall develop a 
  5.9   work order for each utility relocation for any utility that has 
  5.10  entered into a design-build project-specific utility relocation 
  5.11  agreement.  The parties to the work order are the commissioner, 
  5.12  the contractor for the design-build transportation project, and 
  5.13  the utility.  The work order must: 
  5.14     (1) describe the utility relocation work to be done; 
  5.15     (2) address service interruptions; 
  5.16     (3) specify who will perform the design and construction 
  5.17  for the utility relocation work; 
  5.18     (4) include a cost estimate; 
  5.19     (5) describe who will pay for the utility relocation work; 
  5.20  and 
  5.21     (6) specify the schedule for the utility relocation work. 
  5.22     Subd. 9.  [UTILITY RELOCATIONS WITHOUT DESIGN-BUILD 
  5.23  PROJECT-SPECIFIC UTILITY RELOCATION AGREEMENT.] If a utility 
  5.24  chooses not to enter into a design-build project-specific 
  5.25  utility relocation agreement with the commissioner for the 
  5.26  performance of utility relocation work: 
  5.27     (a) The commissioner may, pursuant to sections 161.45 and 
  5.28  161.46, direct the utility to perform or allow the performance 
  5.29  of the utility relocation work to meet the performance schedule 
  5.30  for the design-build transportation project. 
  5.31     (b) When a utility chooses to perform any utility 
  5.32  relocation work that the commissioner has determined is 
  5.33  necessary for a design-build transportation project rather than 
  5.34  allowing the work to be performed by the contractor for the 
  5.35  design-build transportation project, the utility shall complete 
  5.36  the utility relocation work within a reasonable time specified 
  6.1   by the commissioner pursuant to section 161.45 and rules adopted 
  6.2   under that section.  The utility shall not interfere with the 
  6.3   performance of the design-build transportation project. 
  6.4      (c) The utility shall pay for damages caused to the 
  6.5   commissioner by the utility's delay in the performance of the 
  6.6   utility relocation work or interference with the performance of 
  6.7   the design-build transportation project, including, but not 
  6.8   limited to, payments made by the commissioner to any third party 
  6.9   based on a claim that performance of the design-build 
  6.10  transportation project was delayed or interfered with as a 
  6.11  direct result of the utility's failure to timely perform the 
  6.12  utility relocation work; except that damages resulting from 
  6.13  delays in the performance of the utility relocation work caused 
  6.14  by a force majeure must not be charged to the utility. 
  6.15     (d) The utility shall collect and record x, y, z coordinate 
  6.16  information, at an accuracy range of plus or minus six inches, 
  6.17  for that utility's relocated or newly installed underground 
  6.18  facilities in the design-build transportation project when the 
  6.19  utility relocation is complete and provide a copy of the 
  6.20  information to the commissioner.  The coordinate information 
  6.21  must, at a minimum, meet the following requirements: 
  6.22     (1) The underground utility facilities must be located and 
  6.23  measured by the owner or operator of the utility facility to an 
  6.24  accuracy range of plus or minus six inches following "Part 3: 
  6.25  National Standard for Spatial Data Accuracy" of the "Geospatial 
  6.26  Positioning Accuracy Standards" for reporting spatial locations, 
  6.27  issued by the Federal Geographic Data Committee, National 
  6.28  Mapping Division, United States Geological Survey, United States 
  6.29  Department of the Interior. 
  6.30     (2) The measurement must be reported in x, y, z coordinates 
  6.31  referenced to the project horizontal and vertical datum. 
  6.32     (3) The horizontal and vertical alignment and elevation 
  6.33  position must be reported at minimum intervals of 50 feet and at 
  6.34  each point where the direction of the utility facility is 
  6.35  intentionally changed.  The x, y, z coordinates must define the 
  6.36  top center of the utility facility. 
  7.1      (4) Notwithstanding the requirements of clause (3), for 
  7.2   utility facilities that are installed by jacking, boring, 
  7.3   plowing or other means that do not involve an open trench, the 
  7.4   x, y, z coordinate information must be provided at the endpoints 
  7.5   of the casing, pipe, or other such underground facility being 
  7.6   installed and at each point where the direction of the facility 
  7.7   is intentionally changed. 
  7.8      (5) The location and measurement information must be 
  7.9   provided to the commissioner in the form and manner required by 
  7.10  the commissioner. 
  7.11     Subd. 10.  [NOTICE TO UTILITY OF DESIGN-BUILD 
  7.12  TRANSPORTATION PROJECT.] The commissioner shall provide written 
  7.13  notice to a utility of a design-build transportation project 
  7.14  that might require the relocation of the utility's facilities as 
  7.15  soon as practicable.  The notice must include all available and 
  7.16  relevant information about the project, including, to the extent 
  7.17  known, the schedule for the project and, if known, the location 
  7.18  of the utility facilities. 
  7.19     Sec. 2.  [EFFECTIVE DATE.] 
  7.20     Section 1 is effective the day following final enactment.