105 IAC 13-3-3 Work plan development

Sec. 3. (a) In conjunction with the mailing in section 2(a) of this rule or as a separate mailing later, the department shall send by mail preliminary project plans to the involved utilities. After receiving the preliminary project plans, each utility shall do the following: (1) Review the preliminary project plans. (2) Declare in writing to the department whether there are or are not conflicts between its facilities and the improvement project. (3) Detail in writing to the department any conflicts between its facilities and the proposed improvement project within: (A) thirty (30) days for minor projects; or (B) sixty (60) days for major projects. Failure to reply within the allotted time shall be deemed an indication of no conflicts. In the event of conflicts, the utility may recommend design changes for the improvement project to minimize utility costs or delays. The department will review the recommended changes and implement the changes where appropriate. (b) After completion of the preliminary project plan development, the department will proceed with the development of final project plans for the improvement project. The department shall send by mail to the utility a copy of the preliminary final project plans for the improvement project, generally before those plans are complete, but which shall have sufficient detail to allow the preparation of the utility work plan. The utility shall use the preliminary final project plans to develop and provide to the department its work plan. A work plan shall be submitted: (1) whether or not any facility relocations are required; and (2) within: (A) sixty (60) days after receiving the preliminary final project plans for a minor project; and (B) one hundred twenty (120) days after receiving the preliminary final project plans for a major project. If a utility or the department determines there is a potential for conflict between work plans, the department will schedule a meeting. The department and the affected utilities will attend to coordinate the work. An additional thirty (30) days will be allowed to furnish the work plan if coordination is required with another utility or utilities. Additional time may be allowed by the department for unusually complex or extensive facility relocations, but not more than one hundred eighty (180) days. (c) The work plan shall include the following: (1) A narrative description of the facility relocation that will be required. (2) A statement whether the facility relocation is or is not dependent on work: (A) to be done by: (i) another utility; or (ii) the department or contractor; or (B) on the acquisition of additional right-of-way; with a description of that work. (3) A statement whether the utility is or is not willing to allow the contractor to do the required work as part of the highway contract. (4) The: (A) earliest date when the utility could begin to implement the work plan; and (B) number of days to complete the required work. (5) The expected lead time in days to: (A) obtain any required permits; (B) obtain materials; (C) schedule work crews; and (D) obtain the necessary additional right-of-way. (6) A drawing of sufficient detail and scale to show the proposed location of the facility relocation. (d) For work that the utility is entitled to be compensated by the department, in addition to the items specified in subsection (c), the work plan shall include a cost estimate for the facility relocation including appropriate credits for betterments and documentation of easements and compensable land rights. (e) The department shall review the work plan to ensure that it: (1) is compatible with: (A) department permit requirements; (B) the project plans; (C) the construction schedule; and (D) other utility relocation work plans; and (2) has a reasonable: (A) relocation scheme; and (B) cost for compensable work. (f) If the work plan submitted by the utility is not compatible or reasonable, the department shall notify the utility by mail as soon as practicable. The utility shall submit a revised work plan within thirty (30) days of receipt of the notification by the department. The department shall review the revised work plan, and, if the work plan is still not compatible or reasonable, the department will prepare an alternative work plan for submission to the utility. Within thirty (30) days of receipt by the utility of the alternative work plan, the utility may accept the alternative work plan or request, in writing, specific changes. The department shall review any requested changes to the alternative work plan. The department shall adopt a final work plan that considers the interests of the utility, contractor, and public, to ensure safety and reliability of the utility facilities and the highway and avoid the imposition of unnecessary and unreasonable costs. The final work plan adopted by the department will be: (1) the approved work plan; and (2) considered a final agency action, subject to appeal under IC 4-21.5-3. (g) A highway utility agreement, if required, shall be executed at this time. (h) The department shall notify the utility by mail as soon as practicable when the final work plan is approved.