(a) The excavator for an excavation project that qualifies for a complex or large project shall provide the underground facility operator, via the one-call notification system, with notice of the planned complex or large project not less than five working days prior to the planned complex or large project pre-excavation planning meeting. The notice shall follow the guidelines established for complex or large projects which shall include, but not be limited to, all of the following: (1) Scope of project details and expected timelines for the work to be concluded, including descriptions of project phase, if appropriate. (2) Company representative contact information. (3) Field contact representative contact information. (4) List of known contractors and subcontractors. (5) Use of premarking requirements at proposed excavation sites. (b) The excavator, operators, and locators involved in the complex or large project shall negotiate in good faith to reach a working agreement, which shall include, but not be limited to, the agreed upon scope of work, timeline for excavation activity, and location completion schedule. (c) Once the working agreement is finalized, the locate requests for utility markings shall be made in accordance with the location completion schedule and in compliance with the requirements of Section 37-15-4. The operator shall mark the proposed excavation site in compliance with the requirements of Section 37-15-6. (d) An excavator’s knowing failure to designate a qualifying project as a complex or large project subject to this section and an excavator or operator’s failure to comply with a working agreement shall be subject to the enforcement provisions of Section 37-15-10. (e) An operator may require an excavator to utilize the complex or large project process if individual locate requests placed as routine requests combined qualify for the complex or large project process.
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