SF 1290

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  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   PROJECTS.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) "Force majeure" means 
  1.10  fire, explosion, rationing, unusually severe weather, act of 
  1.11  God, act of war, or any other cause that is beyond the control 
  1.12  of the party performing work on a design-build transportation or 
  1.13  utility relocation project and that could not have been 
  1.14  anticipated or prevented by the party while exercising 
  1.15  reasonable diligence. 
  1.16     (b) "Project-specific utility-relocation agreement" means 
  1.17  an agreement entered into by the department and a utility 
  1.18  company for the purpose of performing utility-relocation work 
  1.19  necessitated by a design-build transportation project.  The 
  1.20  agreement may incorporate reasonable and appropriate conditions, 
  1.21  including, but not limited to, conditions for ensuring: 
  1.22     (1) the prompt performance of utility-relocation work by 
  1.23  either the utility company or the contractor for the 
  1.24  design-build transportation project, as specified in the 
  1.25  agreement; 
  2.1      (2) the cooperation of the utility company with the 
  2.2   contractor for the design-build transportation project; and 
  2.3      (3) the payment by the utility company of any damages 
  2.4   caused by the utility company's delay in the performance of the 
  2.5   relocation work or interference with the performance of the 
  2.6   project by any other contractor, except when the delay or 
  2.7   interference is caused by a force majeure. 
  2.8      (c) "Utility company" or "utility" means publicly, 
  2.9   privately, or cooperatively owned systems for supplying power, 
  2.10  light, or gas facilities; telegraph, telephone, or 
  2.11  communications lines; and water, pipeline, or sewer facilities, 
  2.12  if the systems are authorized by law to use public highway 
  2.13  rights-of-way for the location of their facilities or lines. 
  2.14     Subd. 2.  [UTILITY SERVICE CONTINUITY.] The department 
  2.15  shall consult with utility companies so that utility companies 
  2.16  may maintain service to their customers. 
  2.17     Subd. 3.  [PROJECT AGREEMENT TERMS.] (a) Notwithstanding 
  2.18  any other provision of law, if a utility company enters into a 
  2.19  project-specific utility-relocation agreement with the 
  2.20  department for a design-build transportation project, the 
  2.21  department may: 
  2.22     (1) pay for the performance of the design work to relocate 
  2.23  a utility company's facilities that the commissioner has 
  2.24  determined must be relocated for the project; 
  2.25     (2) perform any utility-relocation work through the 
  2.26  contractor for the design-build transportation project; however, 
  2.27  the cost of this work must be paid by the utility company, 
  2.28  unless the utility company is entitled to reimbursement of its 
  2.29  relocation costs by law; 
  2.30     (3) when feasible and in the sole discretion of the 
  2.31  commissioner, provide a replacement easement for a utility 
  2.32  company, following the standards and procedure provided in 
  2.33  section 161.46, subdivision 4; and 
  2.34     (4) when feasible, collect and record x, y, z coordinates 
  2.35  at an accuracy range of plus or minus six inches for that 
  2.36  utility's relocated or newly installed underground facilities in 
  3.1   the design-build project as the project is completed and provide 
  3.2   a copy of the information to the utility. 
  3.3      (b) The design-build contractor is liable for any actual 
  3.4   damages it causes to the utility company for delay of or 
  3.5   interference with the utility-relocation work, except that delay 
  3.6   or damages caused by a force majeure must not be charged to the 
  3.7   contractor. 
  3.8      Subd. 4.  [LIABILITY.] When a utility company delegates the 
  3.9   responsibility for the performance of any utility-relocation 
  3.10  work necessitated by a design-build transportation project to 
  3.11  the department's contractor for the project pursuant to a 
  3.12  project-specific utility-relocation agreement, the utility 
  3.13  company is not responsible to the department for any damages 
  3.14  caused by the delay in the performance of the relocation work or 
  3.15  the interference by the department's contractor in the 
  3.16  performance of any part of the project by another contractor. 
  3.17     Subd. 5.  [ACCOMMODATION OF UTILITY IN HIGHWAY 
  3.18  RIGHT-OF-WAY.] When feasible, and in the sole discretion of the 
  3.19  commissioner, the commissioner may acquire sufficient real 
  3.20  property in a design-build project corridor to accommodate 
  3.21  utility facilities in the corridor and to provide reasonable 
  3.22  access to the utility facilities under conditions prescribed by 
  3.23  the commissioner. 
  3.24     Subd. 6.  [CONTRACTOR PERFORMANCE OF RELOCATION WORK.] When 
  3.25  the contractor for the design-build transportation project 
  3.26  performs utility-relocation work for a utility company, the 
  3.27  design-build contractor must: 
  3.28     (1) perform the work in accordance with the utility 
  3.29  company's specifications for the relocation work; 
  3.30     (2) allow the utility company to specify the contractors or 
  3.31  subcontractors who perform the work; 
  3.32     (3) allow the utility company to furnish the materials for 
  3.33  the relocation work as long as they are available in reasonable 
  3.34  time for the completion of the project according to the schedule 
  3.35  agreed to in the project-specific utility-relocation agreement 
  3.36  and work order; and 
  4.1      (4) allow the utility company to review and approve in 
  4.2   writing the design and plans for the relocation work and to 
  4.3   inspect and approve the work during the performance of the work 
  4.4   and before completion of the work to assure that the work meets 
  4.5   the quality standards of the utility company. 
  4.6      Subd. 7.  [WORK ORDER UNDER PROJECT-SPECIFIC 
  4.7   AGREEMENT.] The department shall develop a work order for any 
  4.8   utility that has entered into a project-specific 
  4.9   utility-relocation agreement.  The parties to the work order 
  4.10  agreement are the department, the contractor, and the utility 
  4.11  company.  The work order agreement must describe the relocation 
  4.12  work to be done, specify who will perform the design and 
  4.13  construction, include a cost estimate, describe who will pay for 
  4.14  the relocation work, and specify the schedule for the work. 
  4.15     Subd. 8.  [UTILITY RELOCATION WITHOUT PROJECT-SPECIFIC 
  4.16  AGREEMENT.] If a utility company chooses not to enter into a 
  4.17  project-specific utility-relocation agreement with the 
  4.18  department for the performance of utility-relocation work: 
  4.19     (a) Pursuant to sections 161.45 and 161.46, the 
  4.20  commissioner may direct the utility to perform or allow the 
  4.21  performance of the utility-relocation work to meet the 
  4.22  performance schedule for the design-build transportation project.
  4.23     (b) The utility company shall pay for damages caused by the 
  4.24  company's delay in the performance of the utility-relocation 
  4.25  work or interference with the performance of the design-build 
  4.26  transportation project by other contractors, including, but not 
  4.27  limited to, payments made by the department to any third party 
  4.28  based on a claim that performance of the design-build 
  4.29  transportation project was delayed or interfered with as a 
  4.30  direct result of the utility company's failure to timely perform 
  4.31  the utility-relocation work; except that damages resulting from 
  4.32  delays in the performance of the utility-relocation work caused 
  4.33  by a force majeure must not be charged to the utility company. 
  4.34     (c) When a utility company chooses to perform any 
  4.35  utility-relocation work that the commissioner has determined is 
  4.36  necessary for a design-build transportation project, the utility 
  5.1   company shall complete the relocation work within a reasonable 
  5.2   time specified by the commissioner pursuant to section 161.45 
  5.3   and rules adopted under that section.  The utility company shall 
  5.4   not interfere with the performance of the design-build 
  5.5   transportation project by any other contractor. 
  5.6      (d) The utility company shall collect and record x, y, z 
  5.7   coordinate information, plus or minus six inches, for that 
  5.8   utility's relocated or newly installed underground facilities in 
  5.9   the design-build project when the project is complete and 
  5.10  provide a copy of the information to the department.  
  5.11     Subd. 9.  [NOTICE TO UTILITY COMPANY OF DESIGN-BUILD 
  5.12  PROJECT.] The department shall provide written notice to any 
  5.13  utility company of a design-build transportation project that 
  5.14  might require the relocation of the company's facilities as soon 
  5.15  as practicable following the environmental clearance for the 
  5.16  project.  The notice must include all available and relevant 
  5.17  information about the project, including, to the extent known, 
  5.18  the schedule for the project. 
  5.19     Sec. 2.  [EFFECTIVE DATE.] 
  5.20     Section 1 is effective the day following final enactment.