227.552. Definitions.
Definitions.
227.552. As used in sections 227.551 to 227.559, the following termsshall mean:
(1) "Act of God", an unanticipated grave natural disaster or othernatural phenomenon of an exceptional, inevitable, and irresistiblecharacter, the effects of which could not have been prevented or avoided bythe exercise of due care or foresight;
(2) "Commission," the highways and transportation commission createdunder section 226.020, RSMo, and article IV, section 29 of the MissouriConstitution, the director, or designees of the director for the purpose ofsection 227.240 and sections 227.551 to 227.558;
(3) "Construction project", all contracts for construction of statehighways let under section 227.100, except for contracts for maintenance orresurfacing determined by the commission not to conflict with publicutilities and routine maintenance and repairs completed by employees of thecommission. This term shall also include state highway constructionprojects of transportation development districts and corporations underchapter 238, RSMo, if such projects are awarded pursuant to section227.100. The term "construction project" shall not include projects forroad beautification, road irrigation, and drainage projects, culvertinstallation or repair, sound wall installation, decorative lighting,landscaping, or other projects not directly related to improving or routinghighway traffic. The term "construction project" shall also not includeany project authorized by the commission to accommodate any privatedevelopment, including a shopping mall, stadium, office building, or arena;
(4) "Contractor", any person entering into a contract with thehighways and transportation commission for purposes of completing aconstruction project on a state highway, including a subcontractor orsupplier to such contractor;
(5) "Customer delays", delays in the relocation work due to delayscaused by the utility's customers, including but not limited to delays ingetting written or oral approvals from customers for permissible utilityservice cut-over dates;
(6) "Cut-over date", the date utility owner interrupts utilityservice to a utility customer provided through an existing utility facilityand switches the service over to a new utility facility serving thecustomer;
(7) "Day" or "days", a business day or a period of consecutivebusiness days consisting of every workday excluding Saturdays, Sundays, andlegal holidays;
(8) "Director", the director of the Missouri department oftransportation appointed pursuant to section 226.040;
(9) "Extreme weather event", a severe weather occurrence, includingbut not limited to fire, flood, earthquake, tornado, wind, hurricane,storm, ice, abnormal rainfall, blizzard, or extended periods of severeinclement weather;
(10) "Letting date", the date established by the commission for theacceptance of bids by contractors under section 227.100;
(11) "Mail", a dated written transmittal sent to the addressee byregular or certified mail;
(12) "Maintenance", routine work performed on state highways byemployees of the commission or contractors to the commission, includingminor pavement and shoulder repairs, striping, grading, irrigation ditchclearing, street overlays, and other work determined by the commission notto conflict with public utilities;
(13) "Notice to proceed", notice by the commission to a contractor toproceed with work on a contract awarded by the commission;
(14) "Owner", the individual, firm, joint venture, partnership,corporation, association, cooperative, municipality, county, district,political subdivision, department, agency, or any other institution owningor operating utility facilities;
(15) "Project plans", any plan for highway construction projectsdemonstrating the need to design and conduct utility facility alterationsor relocations due to the work;
(16) "Relocate" or "relocation", the adjustment of utilityfacilities, as the commission or director may determine is necessary inconnection with the construction of a state highway. Relocation includes:
(a) Removing and reinstalling the utility facility, includingnecessary temporary facilities;
(b) Moving, rearranging, or changing the type of existing utilityfacilities; and
(c) Taking any necessary safety and protective measures;
(17) "Relocation plan," a plan designed by the owner to carry oututility facility relocation work to accommodate a construction project on astate highway;
(18) "Resurfacing", work which provides a new roadway surface forexisting pavement on a state highway, including minor base patching,intersection paving, shoulder work, and guardrail work which is determinedby the commission not to conflict with public utilities;
(19) "State highway", a highway constructed or maintained at the costof the state or constructed with the aid of state funds or United Statesgovernment funds or any highway included by authority of law in the statehighway system or any highway constructed under the authority of atransportation development district or corporation under chapter 238, RSMo,where such contract is awarded under section 227.100;
(20) "Utility contractor", a person contracting with an owner of autility facility or a subcontractor to a person contracting with an ownerof a utility facility, for the alteration relocation or installation of autility facility in connection with a construction project on a statehighway;
(21) "Utility facility", any underground facility as defined insection 319.015, RSMo, and aboveground facilities, including poles, lines,wires, and appurtenances for the purposes of electrical power, telephone,telegraph, fiber optic and cable television services, and any other purposefor* which aboveground utility facilities may be located along statehighways;
(22) "Work", construction and services required of the contractor bythe contractor's contract with the commission, including excavation as thatterm is defined in section 319.015, RSMo.
(L. 2005 H.B. 209 § 227.242)Effective 1-01-06
*Word "or" appears in original rolls.