Trans 220.05 NoteNote: A copy of this policy may be obtained at no cost upon request to the Division of Highways, Department of Transportation, P.O. Box 7916, Room 651, Madison, WI 53707-7916, telephone (608) 266-0233.
Trans 220.05 NoteNote: Section 84.063 (3) (b), Stats., reads as follows: Trans 220.05 Note(3) (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:
Trans 220.05 Note1. 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 owner’s proposed location of relocated or additional utility facilities within the right-of-way of the proposed improvement.
Trans 220.05 Note2. 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.
Trans 220.05(6)(6) For compensable work, in addition to the items specified in sub. (5), the work plan shall include an estimate of cost for utility facilities relocation including appropriate credits for betterments, used life and salvage. An executed conveyance of rights or quit-claim deed to the property occupied by the owner’s facilities if one is required by the improvement project may be submitted at this time. Trans 220.05(7)(7) The department shall review the work plan to ensure compatibility with permit requirements, the improvement plans and construction schedule, reasonableness of relocation scheme and reasonableness of cost for compensable work. If the work plan submitted by the owner is not compatible or reasonable, the department shall advise the owner by mail as soon as practicable. If sent through regular mail, the department may include a receipt of mailing form. If a receipt of mailing form is sent, the owner shall complete the form and mail it back to the department within 7 calendar days of receipt. The owner shall submit a revised work plan within 30 calendar days of receipt of advice by the department that the work plan is not compatible or reasonable. The department shall review the revised work plan and if the work plan is still not compatible or reasonable, the work plan revision process shall be repeated. When the work plan is compatible and reasonable, the department shall advise the owner by mail of its approval. Trans 220.05(8)(8) The owner shall notify the department by mail within 15 calendar days of receiving all required approvals from government agencies. Trans 220.05(9)(9) The department shall notify the owner by mail not less than 30 calendar days before the owner is required to begin the work provided for in the approved work plan. The department may include a receipt of mailing form which the owner shall complete and return within 7 calendar days of receipt. Trans 220.05(10)(10) If the owner’s approved work plan is dependent on work by the contractor, the contractor shall provide the department and the owner a good faith notice 14 to 16 calendar days before the work is expected to be complete and ready for the owner to begin its work. The contractor shall follow up with a confirmation notice to the department and the owner not less than 3 working days before the work will be ready for the owner to begin its work. Trans 220.05(11)(11) The owner shall notify the department when its work has started. The owner shall complete its work within the time frame described in its work plan. The owner shall notify the department when the work is complete. Notices of work start and work completion shall be sent by mail within 15 calendar days of starting and completing the work, respectively. Trans 220.05(12)(12) If, prior to the letting date of the highway improvement project, the department’s project plan is changed so that additional utility relocation or adjustment work is found necessary, the department shall furnish a revised project plan per subs. (1) to (3), and the owner shall provide the department with a revised work plan per subs. (4) and (5), except that the time allowed for the owner to submit the revised work plan after receipt of the revised project plan shall not exceed 60 calendar days. Revisions to the project plan shall be identified to the owner. Trans 220.05(13)(13) If, after the letting date of the highway improvement project, additional utility relocation or adjustment work is found necessary, the department shall notify the owner. The department and the owner shall agree on a revised work plan. Trans 220.05(14)(14) If additional utility relocation or adjustment work is found necessary after the owner has been notified per sub. (9), refer to s. Trans 220.06. Trans 220.05 HistoryHistory: Cr. Register, February, 1994, No. 458, eff. 3-1-94. Trans 220.06(1)(1) If the department requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a work plan approved by the department, the department shall bear the reasonable cost of the additional work. Trans 220.06(2)(2) If the department requires relocation or adjustment of a noncompensable utility facility that was originally determined, per the work plan, to not need relocation or adjustment, the owner shall bear the cost of the relocation or adjustment. Trans 220.06(3)(3) If the department requires relocation or adjustment of a compensable utility facility that was originally determined, per the work plan, to not need relocation or adjustment, the department shall bear the reasonable cost of the relocation or adjustment. Trans 220.06(4)(4) The owner shall bear the cost of additional work to any portion of its facilities after the facilities have been relocated or adjusted in accordance with a work plan approved by the department if the additional work is required by the department due to error by the owner in preparation of work plans for, field location of, or construction of the relocation or adjustment of its facilities. Trans 220.06(5)(5) The contractor shall be responsible for compliance with s. 182.0175 (2), Stats., with respect to precautions to be taken to avoid and prevent damage to utility facilities. Trans 220.06(6)(a)(a) The owner shall complete alteration or relocation of its utility facilities in accordance with the work plan approved by the department. Trans 220.06(6)(b)(b) The work shall be completed by the owner within the time frame of the approved work plan. Trans 220.06(7)(a)(a) If the owner has complied with ss. 66.0831, 84.063 and 182.0175, Stats., and this chapter and the utility facilities are damaged by the contractor, the contractor shall be responsible to the owner for damages if the contractor has not complied with s. 182.0175 (2), Stats. Trans 220.06(7)(c)(c) The department shall compensate the contractor for any costs caused by or attributed to a utility relocation delay as defined in s. 84.063 (1) (g), Stats., and may not impose liquidated damages. The owner shall be liable, subject to the right to appeal the decision of the department as provided under s. 84.063 (4m) (d) 2., Stats., for compensation paid by the department to a contractor under this paragraph for a utility relocation delay, as defined in s. 84.063 (1) (g), Stats., that was caused by the owner’s failure to complete a relocation in accordance with the work plan approved by the department as provided in s. Trans 220.05. The owner shall not be liable to the department or any other party for any delay if the owner’s failure to complete the relocation in accordance with the work plan approved by the department was due to circumstances outside of the owner’s reasonable control. Trans 220.06(8)(8) If one year or more has passed since the department approved a work plan, the owner may submit a revised work plan that must be considered by the department if it is submitted prior to the letting date and does not affect the letting date. Trans 220.06 HistoryHistory: Cr. Register, February, 1994, No. 458, eff. 3-1-94; corrections in (7) (a) and (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; 2023 Wis. Act 46: am. (7) (c) Register December 2023 No. 816, eff. 1-1-24.
