§ 38:2223 — Issuance of work orders and commencement of work; underground utilities

A.(1) In the preparations of plans and specifications on any public work project, any public entity or its agent shall contact the regional notification center as provided in R.S. 40:1749.11 through 1749.25 and contact the owners of underground utilities or facilities that are not members of the regional notification center for the existence and location of all underground utilities or facilities within the construction area. The public entity, through its official representatives, shall give notice of such plans to the utility or facility operator in the area where construction work is being performed in accordance with the provisions of R.S. 40:1749.11 through 1749.25. Public entities owning their own utilities or facilities that have complied with R.S. 40:1749.19(A) shall be excluded from the provisions hereof. The notice shall require the underground utility or facility operator to furnish to the public entity within a period of thirty days after receipt of notice, unless such time is extended by the public entity or by agreement between the public entity and the underground utility or facility operator, a diagram or plat showing the locations of the utilities or facilities or, at the option of the utility or facility operator, shall mark the locations of these utilities or facilities within the right-of-way, a copy of which shall be furnished by the public entity to prospective bidders in the plans and specifications. In the event the utility or facility operator marks the location of the underground utility or facility and the public entity creates a diagram or plat incorporating those markings, the public entity shall provide such diagram or plat of the underground utility or facility to the operator so that the location of the underground utility or facility on the diagram or plat can be verified by the operator as being in the correct location.
(2) Should the diagram or plat not be furnished or the location of the underground cables, pipes, or other underground installations be inaccurately shown thereon, the public entity and the contractor shall be released from any responsibility in connection with their damage unless such damage is caused by the negligence of the public entity or contractor.
(3) Any anticipated temporary or permanent relocation of underground utilities or facilities deemed necessary shall be arranged by the public entity with the owners of the underground utility facilities prior to the start of construction. If a temporary or permanent relocation of utility facilities is necessary, the owner of the underground utility or facility shall be given a reasonable time to move such utility facilities unless the contractor to whom the contract for a public improvement is awarded agrees with the owner of the underground utility or facility to coordinate relocation with construction operations. The public entity, within ten calendar days after the award of the contract for a public work, shall notify in writing all owners of underground utilities or facilities known to be located in the construction area of the public improvement of the name and address of the contractor to whom the contract for public work was awarded.
B. This Section shall not relieve any public entity or contractor from the responsibility to give notice of intent to excavate or demolish to the regional notification center or centers serving the area in which the proposed work is to take place in order to be in compliance with the provisions of the "Louisiana Underground Utilities and Facilities Damage Prevention Law" as provided for in R.S. 40:1749.11 through 1749.25.

Legislative History

Acts 1977, No. 103, §1; Acts 1995, No. 501, §1; Acts 2000, 1st Ex. Sess., No. 134, §1, eff. April 19, 2000; Acts 2001, No. 1005, §1, eff. June 27, 2001.