[Ord. No. 00-033 §1, 3-29-2000; Ord. No. 07-019 §1, 1-30-2007]
All new and replacement bridges constructed on St. Charles County
right-of-way shall be at least twenty-six (26) feet wide.
[Ord. No. 07-019 §1, 1-30-2007]
Sections 147.101 to 147.109 shall be known as the "St. Charles County Road Utility Relocation". County 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 147.101 to 147.109 for any construction project on a County road for which the letting date was prior to March 1, 2007.
[Ord. No. 07-019 §1, 1-30-2007]
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.
All contracts let for construction, reconstruction or improvement
of County roads, except for contracts for maintenance or resurfacing
determined by the County not to conflict with public utilities and
routine maintenance and repairs completed by employees of the County.
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 County to accommodate any private development,
including a shopping mall, stadium, office building or arena.
Any person entering into a contract with the County for purposes
of completing a construction project on a County road, including a
subcontractor or supplier to such contractor.
The County Engineer of St. Charles County.
A road constructed or maintained at the cost of the County
or constructed with the aid of State funds or United States Government
funds or any road included by authority of law in the County road
system.
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 County for the acceptance of
bids by contractors.
A dated written transmittal sent to the addressee by regular
or certified mail.
Routine work performed on County roads by employees of the
County or contractors to the County, including minor pavement and
shoulder repairs, striping, grading, irrigation ditch clearing, street
overlays and other work determined by the County not to conflict with
public utilities.
Notice by the County to a contractor to proceed with work
on a contract awarded by the County.
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 County or County
Engineer may determine is necessary in connection with the construction
of a County road. Relocation includes:
A plan designed by the owner to carry out utility facility
relocation work to accommodate a construction project on a County
road.
Work which provides a new roadway surface for existing pavement
on a County road, including minor base patching, intersection paving,
shoulder work and guardrail work which is determined by the County
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 County 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 County roads.
Construction and services required of the contractor by the
contractor's contract with the County, including excavation as that
term is defined in Section 319.015, RSMo.
[Ord. No. 07-019 §1, 1-30-2007]
A.
At the
earliest possible date in the design of a construction project on
a County road, the County 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 County. The County 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 County 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 County in writing of any utility facility not correctly described in the County'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 County. The response shall describe and provide the general location of each utility facility of the owner by confirming the location shown in the County's notice or by providing additions or corrections.
[Ord. No. 07-019 §1, 1-30-2007]
A.
Upon completion of the initial design of the construction project, the County shall provide at least one (1) set of project plans to each owner of a utility facility identified under Section 147.103.
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 County 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 County
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 County. The plan of adjustment shall include:
D.
When
two (2) or more owners have facilities in the area encompassed by
the construction project, the County 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 County'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 County 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 County shall notify all utility owners
involved with the project in writing of the County's acceptance or
revisions to the utility plan of adjustment.
[Ord. No. 07-019 §1, 1-30-2007]
A.
Within
one hundred twenty (120) days of receiving written notice of approval
of the utility plan of adjustment from the County, the owner shall
provide the County 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 County. 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 County
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 County, the County 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
County shall advise the owner in writing as soon as practicable, but
not later than thirty (30) days after receiving the relocation plan.
The County 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 County that the relocation plan
is not acceptable. The County shall review the revised relocation
plan and if the relocation plan is still not acceptable, the County
shall provide a relocation plan to the owner. The owner shall not
be bound by the terms of the County's relocation plan if such relocation
plan:
D.
If the owner informs the County, in writing, or the County determines that the owner's relocation work is dependent upon or must be coordinated with work being performed by the County's contractor, the County 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 County's contractor. After such meeting and before or concurrent with the issuance of a notice to proceed, the County shall provide a schedule for the relocation of utilities to the owner and the County'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 County 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 County of the delay and the revised expected completion date. The contractor shall give a second (2nd) notice to the County 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 County 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 County of its obligation to notify the owner. If the contractor's delay causes additional delay by the owner, the County and the owner shall negotiate in good faith to determine the new completion date.
E.
Notification.
1.
The County 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 147.108, 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 County'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 County and the County'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 County when relocation work has started. During the
course of the relocation work, the County may require owners to provide
progress reports until its relocation is completed. The owner shall
notify the County 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. 07-019 §1, 1-30-2007]
A.
If, prior to the letting date of the construction project, the County's project plan is changed so that additional or different utility relocation work is found necessary, the County shall furnish a revised project plan under Section 147.104 and the owner shall provide the County with a revised relocation plan under Section 147.105, 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 County shall provide the owner with a revised
project plan within fifteen (15) days and the County and the owner
shall agree on a reasonable schedule for completion of the additional
utility location.
[Ord. No. 07-019 §1, 1-30-2007]
A.
The County 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 County 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 County and an owner, additional time may be granted for the completion of any act required by Sections 147.101 to 147.109.
B.
Nothing in Sections 147.101 to 147.109 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 147.101 to 147.109 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 147.101 to 147.109 shall prevail.
[Ord. No. 07-019 §1, 1-30-2007]
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 147.105, the County may recover from the owner damages in the amount of up to one thousand dollars ($1,000.00) 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 County Counselor. An action to collect the damages authorized by this Section shall be brought in a court of appropriate jurisdiction. All damages collected under this Section shall be deposited in the County Transportation Fund.
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 County'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 County in acquiring necessary right-of-way or necessary easements;
9.
Delays
caused by facility damages or cable cuts caused by the County's contractor,
other owners or third 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 County. If the owner fails to relocate the utility facilities in accordance with the relocation plan as required by Section 147.105, the utility facilities may be removed and relocated by the County or under its direction and the cost of relocating the utility facilities shall be collected from such owner. If the County 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 County's or the County's designee's removal and relocation of such facilities.
[Ord. No. 07-019 §1, 1-30-2007]
A.
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: County.
DIRECTOR: County Engineer.
HIGHWAY: Road.
STATE HIGHWAY: County road.
B.
This
Act is further adopted pursuant to the authority created by the Charter
of St. Charles County, Missouri, including, without limitation, Sections
2.524 and 2.535 of said Charter. No provision of this Act shall infringe
upon, negate or otherwise abrogate an owner's right to construct,
own, operate and maintain utility facilities within the rights-of-way
of the County that the owner otherwise enjoyed prior to the adoption
of this Act.
