(1) DEFINITIONS. In this section: (c) “Contractor” means a person who is seeking or has entered into a highway improvement contract with the department under s. 84.06. (d) “Highway improvement” means a state trunk highway improvement project. (e) “Owner” means an owner of a utility facility. (f) “Utility facility” means any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment or other structure, whether aboveground or underground, used for any of the following: 1. The transmission or distribution of electrical power or light. 2. The transmission, distribution or delivery of heat, water, gas, sewer, telegraph or telecommunication services. (g) “Utility relocation delay” means a change in operations of a contractor or the rescheduling of work by a contractor that is caused by the uncompleted relocation or adjustment of a utility facility located in the right-of-way, regardless of whether the relocation or adjustment of the utility facility is identified in a plan under sub. (3). (2) NOTIFICATION. (a) If a utility facility is within the rightof-way of a proposed highway improvement, the department shall identify the owner and notify the owner in writing of the proposed improvement. (b) Within a specified period after the date the notice is received, the utility facility owner shall provide the department with a description and the general location of each utility facility in the proposed highway improvement right-of-way. (3) PLANS. (a) If a utility facility owner provides the information required under sub. (2), the department shall send the utility facility owner at least one set of available project plans for the proposed highway improvement, including the location of the owner’s existing utility facilities. (b) Within a specified period after receiving the project plans, the owner shall provide the department with a work plan. The period of time within which the owner is required to provide the department with a work plan shall reflect whether the utility facility owner is required to coordinate its work plan with another utility facility owner. The work plan provided by the owner shall include all of the following: 1. A copy of the project plans that verifies the location of all of the owner’s existing utility facilities specified on the plans by the department and that identifies the owners’ proposed location of relocated or additional utility facilities within the right-of-way of the proposed improvement. 2. A plan and a schedule of working days necessary to obtain any approval required by a governmental agency and to accomplish any proposed relocation or adjustment required by the proposed improvement. (c) The department shall review and approve a work plan submitted under par. (b) for compliance with permit requirements and to ensure that the plan is reasonable. Approval of a work plan under this paragraph does not waive any requirement for approval of the work plan by any other governmental agency. The utility facility owner shall notify the department when all required approvals have been obtained. After receiving notification that all approvals have been obtained, the department shall notify the owner of the date on which the owner may proceed with its utility facility relocation work. (d) The department shall notify the utility facility owner of any change in the highway improvement that requires additional relocation or adjustment of utility facilities. The department and the owner shall agree on a reasonable time to accomplish the additional work. (4) RESPONSIBILITIES. (a) If additional utility facility relocation or adjustment work is required under sub. (3) (d), the department shall reimburse the owner for the additional work. (b) The project contractor shall be responsible for any damages negligently caused to a utility facility. (c) If the utility facility owner fails to comply with sub. (3), the department or its contractor shall not be liable to the owner for damages to a utility facility resulting from the highway improvement if the department or its contractor complies with s. 182.0175 (2), and the owner shall be liable to the department or its contractor for damages resulting from the failure to comply. (4m) UTILITY RELOCATION DELAY DAMAGES CLAIMS. (a) A contractor that incurs costs as a result of a utility relocation delay may file a utility relocation delay damages claim with the department. (b) The department shall notify the owner of the relevant utility facility upon receipt of a claim under par. (a). The owner may respond to the claim by providing additional information related to the claim. The owner may not request a contested case hearing under par. (d) 2. unless the owner provides additional information under this paragraph. (c) The department shall consider all information provided by the contractor under par. (a) and, if applicable, the owner under par. (b). If the department determines that a utility relocation delay occurred, the department shall compensate the contractor for costs incurred as a result of the utility relocation delay. The department may not impose liquidated damages for work required by the contract that is not completed within the contract time or within extra time allowed by the department as a result of the utility relocation delay. The amount of compensation under this paragraph shall be calculated and paid in accordance with the department’s standard specifications for compensable delays. (d) 1. If a utility relocation delay identified under par. (c) was caused by an owner’s failure to complete a relocation in accordance with a work plan approved by the department under sub. (3), the owner shall be liable to the department for compensation paid to a contractor under par. (c). An owner shall not be liable under this subdivision when the failure to complete a relocation is caused by circumstances outside of the owner’s reasonable control, as determined by the department upon consideration of any information provided by the owner to the department under sub. (3) or this subsection, including a delay caused by another owner identified in the work plan or reliance on a 3rd party to identify and verify the location of a utility facility requiring relocation. The department may not assess against the owner any fees, costs, or expenses in excess of the compensation paid under par. (c). Subject to subd. 2., an owner shall make payment to the department no later than 90 days after receiving notice of the amount owed. 2. Within 90 days after receiving an assessment notice under subd. 1., an owner may request a contested case hearing under s. 227.42 to review the decision of the department under subd. 1., and a hearing shall be scheduled if the owner previously responded to the claim as provided in par. (b). Any amount that the owner owes to the department under subd. 1. shall be stayed pending the contested case hearing. 3. If an owner fails to make payment of amounts owed to the department under this paragraph, the department may seek remedy by filing a civil suit against the owner. (e) The department may not consider amounts paid or owed under par. (d) when making a determination on an owner’s permit application, amounts paid to the owner under sub. (4) (a) or s. 84.09, or any other matter involving the owner. (5) RULES. The department shall promulgate rules to implement and administer this section.
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