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CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS <br /> f. The Department may require the utility to submit"as-constructed" requesting entity whether or not the subject facilities are <br /> plans. The Department may enter into an agreement with the utility retired or abandoned. <br /> whereby the Department can rely on those plans for the exact 4) perform any other actions as deemed necessary by the <br /> location of the utility for any future excavations,and need not give Department to protect the transportation facility and/or the <br /> notice to the utility under Article 1.5 of Title 9,C.R.S. traveling public. <br /> g. The utility will comply with the applicable requirements of Article e. If the ownership of utility facilities is transferred,both the original <br /> 1.5 of Title 9 C.R.S.,including any requirement to participate in the Peamittee and the new owner shall notify the Department in writing <br /> State's Notification Association pursuant to 9-1.5-105 C.R.S.. All prior to the change in ownership,and such notice shall state the <br /> owners of underground utilities within the SHROW,with the planned date of change in ownership. The notice from the new <br /> exception of the Department itself,must become members of the owner shall include a written statement accepting all terms and <br /> UNCC Notification Association. conditions of the existing permit,effective upon the planned date of <br /> h. In addition to complying with the provisions of Article 1.5 of Title the change in ownership. <br /> 9 C.R.S(One-Call Statute)in response to the Department's <br /> notification of planned excavations,utility owners shall surface- f. Utility facilities containing asbestos may not be abandoned in-place. <br /> mark their buried utility facilities that are located within the Ordinarily,such facilities must be removed from the SHROW when <br /> SHROW in order to facilitate Departmental engineering and design take out of service. On a case-by-case basis,the Department may <br /> activities,upon reasonable request from the Department,and at no allow such facilities to be retired in-place,with the owner retaining <br /> cost to the Department. The Permittee shall respond to such request full legal ownership and responsibility for the facilities. <br /> within a reasonable timeframe acceptable to the Department,but no <br /> longer than 14 calendar days from the date of request,and the 25. SUSPENSION AND CANCELLATION <br /> accuracy of the surface marking shall be within 18 inches of either <br /> side of the actual location of the buried facility. a. The CDOT inspector may suspend operation due to: <br /> 23. ADJUSTMENTS DUE TO HIGHWAY CONSTRUCTION 1) Non compliance with the provisions of this permit <br /> 2) Adverse weather or traffic conditions <br /> If for any transportation purpose it becomes necessary to remove,adjust,or 3) Concurrent transportation construction or maintenance <br /> relocate this facility,Pennittee will do so promptly,at no cost to the CDOT operations in conflict with the permitted work. <br /> except as provided by law,upon written notice from CDOT and in accordance 4) Any condition deemed unsafe for workers or for the general <br /> with the utility relocation permit issued to cover the necessary work. The public. <br /> utility shall perform the relocation at or within a time convenient to and in <br /> proper coordination with the project or transportation-related activity,to b. Work may resume when grounds for suspension no longer exist. <br /> minimize public inconvenience and cost,as directed by the Department in the <br /> permit authorizing the relocation. The utility company shall pay for damages This permit is subject to cancellation due to: <br /> caused by the company's delay in the performance of utility relocation work or I) Persistent noncompliance with permit provisions <br /> interference with the performance of transportation project work done by 2) Abandonment or transfer of ownership <br /> others. Such damages include,but are not limited to,payments made by the 3) Superseded by new permit covering the same installation <br /> Department to any third party based on a claim that performance of the 4) Conflict with necessary planned transportation construction. <br /> transportation project work was delayed or interfered with as a direct result of <br /> the utility company's failure to timely perform the utility relocation work. C. Permittee must promptly terminate occupancy upon notice of <br /> Damages resulting from delays in the performance of the utility relocation cancellation of permit,unless a new permit is applied for and <br /> work or interference with the transportation project work that are caused by granted. <br /> events beyond the utility company's ability to reasonably foresee or control(a <br /> force majeure)shall not be charged to the utility company. d. Where Permittee does not fulfill an obligation to repair or maintain <br /> any portion of the highway facility,or control and safely maintain <br /> 24. ABANDONMENT,RETIREMENT,CHANGE IN OWNERSHIP the flow of traffic thereon,CDOT reserves the right,in lieu of <br /> canceling this permit,to accomplish the required work by any other <br /> a. The Permittee shall notify the Department in writing of the planned appropriate means,and Permittee shall be liable for the actual costs <br /> retirement or abandonment of its facility or any portion thereof. thereof. <br /> The Department will notify the Permittee in writing if it determines <br /> mines <br /> that the facilities may be retired or abandoned in place,along with <br /> any special conditions that may apply. <br /> b. Retired facilities shall remain the Permittee's sole responsibility, <br /> subject to all provisions of the Utility Accommodation Code and all <br /> of the terms and conditions of the permit issued for that facility, <br /> including maintenance and relocation requirements. <br /> C. The Permittee shall promptly remove all abandoned facilities from <br /> the SH ROW and promptly restore the SH ROW to pre-existing or <br /> other conditions prescribed by the Department unless the <br /> Department in writing expressly allows the facility to remain in <br /> place. Written notice from the Department,allowing an abandoned <br /> facility to remain in place,may include special conditions. <br /> d. If utility facilities are retired or abandoned in place,the utility shall <br /> comply with that decision if directed by the Department: <br /> 1) cap,plug or fill lines, <br /> 2) furnish suitable location records for any such buried facilities, <br /> 3) maintain its own records of such facilities and respond to <br /> locate notices/requests from the UNCC and/or excavators, to <br /> providing such locates,the utility will indicate to the <br /> 02.%06 <br /> CDOT Permit Form 333 and Standard Provisions Page 6 of 9 <br />