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HomeMy WebLinkAboutState of Colorado Utility Permit 13937DEPARTMENT OF TRANSPORTATION OT Region 3 Traffic & Safety Utility Permit Section 222 South 6 th Street, Room 100 OF,, Grand Junction, Colorado 81501 DEFARMWMANSPM (970) 683 -6271 FAX: (970) 683 -6290 May 27, 2008 Fred Haslee Eagle River Water & Sanitation Dist. 846 Forest Road Vail, CO 81657 Re: Utility Permit # 13,937 Dear: Fred, Please find enclosed, Utility Permit number 13,937 with the Standard and Special Provisions attached. You will find two (2) copies of the Permit. Please review the "Permittee" and "Activity Description" sections of the Permit for accuracy. Please note the chanEes /additions to the Standard & Special Provisions. Please read carefully. The new provisions are in effect Janurary 1, 2008. PLEASE REVIEW & COMPLY WITH THE ATTACHED "LATE FALL, WINTER & SPRING SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS ". If the information is correct and you agree to the attached Standard and Special Provisions, please sign, attest and date both copies of the permit. Return to me at the above address, one copy of the permit (without attachments) with the original signatures. Upon my receipt of the fully endorsed copy, the Permit shall become valid. • You must contact the CDOT Inspector 48 hours before work shall commence. Weather and ground conditions may delay start of work. Inspector's name, phone & fax number are on permit. Utility space in the ROW is becoming a concern. It may be necessary in the future to combine utility owner lines in a common trench in some locations. I must bring to your attention, that abandoning utilities in The Right of Way (ROW) will no longer be allowed, unless at CDOT direction. I may be reached at the above number should you have questions or if I may be of further assistance. Sincerely, Mike Verketis Utility Coordinator/Inspector Xc: File Dungan a_ OLa Js-::' FJO - DE AJI F MEN T OF U`�ILI 1 O Y PERMIT PERMITTEE Name DEPARTMENT USE ONLY Date issued 5/27/08 EAGLE RIVER WATER & SANITATION DISTRICT/R.A. P>TELS O N Permit # 13,937 Address S.H.# 070A S. FR M.P. 176.73mm 846 FOREST ROAD/P.O. DRAWER 5400 Region 03 VAIL, CO 81657 /AVON, CO 81620 Section 02 Telephone: (970)476- 7480/949 -5152 Representative: FRED HASLEE/MFF PUGNIIRE Patrol WMARY4 NOTICE TO PERMTITEE: Pursuant to 9 -1.5 -103 C.R.S. you shall not make or begin excavation without first notifying the Utility Notification Center of Colorado (UNCC) and if necessary, then notifying the tier two members having underground facilities in the area of such excavation. Notification shall also be given 2 days in advance of work to the CDOT regional permitting office, or as otherwise directed by this Permit's Special Provisions locate CDOT underground facilities. Notice of the commencement, extent and duration of the excavation work shall be given at least two business days prior thereto, not including the day of actual notice. The UNCC may be called at 1- 800 - 922- 1987/CD 0 F i a 7 U ) n`? 3 -02 71. PURPOSE XX Installation ❑ Adjustment ❑ Removal ❑ Maintenance of existing Facility FACILITY (Type, size, class of transmittant, design pressure or etc. ) TAP INTO 16 INCH WATER MAIN. INSTALL 10 SERVICE LINE. WITH VALVES AND NEW FIRE HYDRANT. NATURE OF INSTALLATION ❑ Longitudinal (Parallel) XX Transverse (Crossing) XX Buried ❑ Aerial/Ground- mounted ❑Attach. To Hwy. Str. No. LOCATION State Hwy. No. 070A S. Frontage Rd. County EAGLE City/Town VAIL Milepoint(s) 176.73mm Intersecting Feature(s): EAST OF VAIL VILLAGE DRIVE ADDITIONAL REMARKS CURRENT INSURANCE CERTIFICATE ON FILE. PLEASE REVIEW & COMPLY WITH THE ATTACHED "LATE FALL WINTER & SPRING SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS" For underground facility location information, contact: UNCC & CDOT Telephone (800)922-1987 & (970)683-6271 SPECIAL PROVISIONS (completed by the Department) The Speci Provisions are terms and conditions of this permit. Any work shall only be in accordance with the approved plans and special provisions as set forth in this permit and its attachments. The CDOT inspector is LARRY DUNGAN Telephone (970) 845 -8816 (970) 845 -8816 Work is to be completed on or before: 9/15/08 or within days, (as applicable) Work time restrictions: DAYLIGHT HOURS ONLY, NO WEEKENDS OR HOLIDAYS. Designated minimum cover is See SPECIAL PROVISIONS #22 Designated overhead clearance is N/A (ALSO SEE ATTACHED STANDARD PROVISIONS, AND ADDITIONAL SPECIAL PROVISIONS), (TRAFFIC CONTROL MUST CONFORM TO THE MUTCD) Other: FIELD INSPECTOR SHALL BE NOTIFIED 48 HOURS PRIOR TO BEGINNING WORK OR PERMIT IS VOID. Permittee is prohibited from commencing any work within highway ROW prior to issuance of a fully endorsed and validated permit. Permit, plan exhibit, insurance certificate(s), and traffic control plan must be available on site during work. High visibility vests are required at all times during working hours. Your request to use and/or occupy state highway system rights of way as described above is granted subject to the terms and conditions of this permit, including the Standard and Special Provisions as shown on the permit and all attachments hereto. To the extent authorized by law, Permittee hereby assumes, releases and agrees to indemnify, defend, protect, and save the State of Colorado harmless from and against any loss and/or damages to the property of the State of Colorado, third parties or the Permittee's facilities, and all loss and/or damage on account of injury to or death of any person whomsoever, arising at any time, caused by or growing out of the occupation of Colorado State Highway rights of way by Permittee's facilities or any part thereof, including but not limited to installation, adjustment, relocation, maintenance or operation, or removal of existing facilities, unless such loss and/or damage arises from the sole negligence or willful conduct of the State of Colorado or its employees or agents. Failure by the Permittee to comply with any of the included terms or conditions may subject this permit to suspension or cancellation, at the discretion of the Department of Transportation. THIS PERMIT IS NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFFIXED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT. A FULLY EXECUTED COPY OF THIS PERMIT MUST BE ON FILE AT THE TRANSPORTATION REGION OFFICE. In accepting this permit the undersigned, representing the Permittee, verifies that he or a has the authority to sign for and bind the Permittee, and that he or she has read, understands and accepts all the included conditions. Attest Date I Sign a Date , '[ 3A . 4046 Title 1 Title COLORADO DEPARTMENT OF TRANSPORTATION I By � I Date Chief Engineer I WELDON ALL /MIKE VER ETIS 5/27108 (Original) Permittee/Applicant Inspector CDOT Form # 0333 02/06 Mtce Patrol Supvr. Mtce Landscaping Supvr Previous versions are obsolete and should not be used. CDOT UTYLET /E YsL&i_,i_M0X/SPEf_C1AL USE PEP WRIT STANDARD PRI- VIStMS The following Standard Provisions are terms and C. For any pennanent Pennittee -awned installations located conditions of this permit: within the State Highway Right of Way, highway repairs, or site restoration, Completed Operations coverage shall be Effective January 1, 2008 provided for a minimum period of one year following final acceptance of work. Utility work authorized under this permit shall comply with the requirements of the State Highway Utility Accommodation Code, and applicable federal, state, local, and industry codes and regulations. Construction of any portion of the highway facility, including the pavement structure, subsurface support, drainage, landscaping elements and all appurtenant features, shall comply with the provisions of the CDOT Standard Specifications for Road and Bridge Construction, and with the Colorado Standard Plans (M & S Standards). COMMENCEMENT AND COMPLETION If any aggregate limit is reduced below 1,000,000 because of claims made or paid, the Permittee, or as applicable - their Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. 3) Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. Work on highway Right of Way (ROW) shall not commence prior to issuance of a fully endorsed and validated permit. Permittee shall notify the CDOT inspector: a. At least 2 working days prior to commencing work, or resuming operations which have been suspended for five or more consecutive working days b. When suspending operations for 5 or more working days C. Upon completion of work. Work shall not proceed beyond a completion date specified in the Special Provisions without written approval of the Department. 2. PLANS, PLAN REVISIONS, ALTERED WORK Plans or work sketch (EXHIBIT A) are subject to CDOT approval. A copy of the approved plans or sketch must be available on site during work. Plan revisions or altered work differing in scope or nature from that authorized under this permit, are subject to CDOT prior approval. Permittee shall promptly notify the CDOT inspector of changed or unforeseen conditions, which may occur on the job. 3. INSURANCE Insurance Requirements for Utility and Special-Use Permits (Revised 7 -05 per State Requirements) A. The Permittee shall obtain, and maintain at all times during the performance of work authorized by this Permit, insurance in the following kinds and amounts. The Permittee shall require any Contractor working for them within the State Highway Right of Way to obtain like coverage. The Permittee shall also require any Contractor or Consultant performing work described in sub- paragraph 4) below, to obtain Professional Liability Insurance. 1) Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Permit. 2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Consultants, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: a. $1,000,000 each occurrence; b. $2,000,000 general aggregate; For any: a) engineering design; b) construction inspection; or, c) traffic control plans approved by a Traffic Control Supervisor; done in association with the operations or installations authorized by this permit, Professional Liability Insurance with minimum limits of liability of not less than $1,000,000 Each Claim and $1,000,000 Annual Aggregate. If the policy is written on a Claims Made form, the Permittee, or, as applicable — their Consultant or Contractor, shall renew and maintain Professional Liability Insurance for a minimum of two years following final acceptance of the work, or provide a project specific Policy with a two year extended reporting provision. 5) Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an additional insured to the Pollution Legal Liability policy. If the Policy is a component of the Professional Liability Policy, the Additional Insured requirement is waived, and the Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following final acceptance of the work. 6) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an additional insured. B. CDOT shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies. Completed operations additional insured coverage shall be on endorsements CG 2010 11/85, CG 2037, or equivalent. Coverage required by the Permit will be primary over any insurance or self - insurance program carried by the State of Colorado. C. The Insurance shall include provisions preventing cancellation or non - renewal without at least 30 days prior notice to CDOT by certified mail. D. The Permittee, or, as applicable — their Contractor or Consultant, will require all insurance policies in any way related to the Permit and secured and maintained by the Permittee, Contractor or Consultant, to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. E. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to CDOT. C. $2,000,000 products and completed operations aggregate; and F. The Permittee, or as applicable - their Contractor or Consultant, shall provide certificates showing insurance coverage required by d. $50,000 any one fire. this Permit to CDOT prior to commencing work. No later than 15 days prior to the expiration date of any such coverage, the Permittee, Contractor or Consultant, shall deliver CDOT certificates 02/06 CDOT Permit Form 333 and Standard Provisions Page 2 of 6 u�'IyCs 1 UTILITY/RE L&CATiOWSPE C> AL USE PEYEPART STANDARD PR&VISIGP1', of insurance evidencing renewals thereof. At any time during the term of this contract, CDOT may request in writing, and the Permittee, Contractor or Consultant, shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section. G. Notwithstanding subsection A of this section, if the Permittee is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24 -10 -101, gt sea ., as amended ("Act'), the Permittee shall at all times during the term of this permit maintain only such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Permittee shall show proof of such insurance satisfactory to CDOT. Public entity Permittees are not required to name CDOT as an Additional Insured. H. If the Permittee engages a Contractor and/or Consultant to act independently from the Permittee on the permitted work, that Contractor and/or Consultant shall be required to provide an endorsement naming CDOT as an Additional Insured on their Commercial General Liability, Auto Liability, Pollution Legal Liability and Umbrella or Excess Liability policies. 4. WORK WHERE DEPARTMENT LACKS AUTHORITY Utility work within municipal boundaries (pursuant to 43 -2 -135 CRS), on certain public lands, or on private property, may require separate approval of the appropriate jurisdictional agency or property owner. 5. INSTALLATIONS ON FREEWAYS CDOT may permit utility accommodations on freeways, including but not limited to the Interstate System, only in accordance with Utility Accommodation Code provisions. Special case exceptions as defined therein may be permitted only in accordance with FHWA - approved Departmental policy. standard plans for signing - Standard Plans S 630 -1 and S 630 -2. The TCP shall include provisions for the passage of emergency vehicles through the work zone, and shall conform to the requirements of the Americans with Disabilities Act. The TCP and MHT's shall contain sufficient detail to demonstrate conformity with all applicable requirements. The Permittee shall have a competent person at the work site at all times in responsible charge of temporary traffic control. In situations where the TCP goes beyond any Typical Application shown in the MUTCD, or particularly dangerous roadway or traffic conditions exist, the Department may require the Permittee to have a Traffic Control Supervisor (TCS) develop or approve the TCP or to have a TCS on -site during work. The TCS shall be certified as a worksite traffic supervisor by either the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA), and shall have a current CDOT flaggers' certification card. The TCS shall be responsible for the planning, preparation, coordination, implementation, and inspection of the TCP. d. The Permittee shall not start the permitted work before the Department accepts the TCP. e. The Department may review and order changes to the TCP and MHT's during performance of the work, as required. f. The Permittee shall comply with the TCP at all times during performance of the work. g. The Permittee shall keep a copy of the TCP at the work site at all times during performance of the work for inspection. h. The TCP shall ensure that closure of intersecting streets, road approaches and other access points is minimized. On heavily traveled highways, the Department will not permit operations that interfere with traffic during periods of peak traffic flow. 6. JOINT USE ALTERNATIVES As directed or approved by CDOT, if necessary for the safe and efficient use of the ROW, Permittee shall utilize joint use facilities such as the placement of two or more separate lines in a common trench, or attachment to the same overhead support. The Permittee will be responsible for proper coordination with other affected utilities. 7. ATTACHMENT TO HIGHWAY STRUCTURES Permittee is responsible for designing structure attachments, subject to the approval of the CDOT Staff Bridge Design Engineer. 8. DRAINAGEWAYS AND WATERCOURSES The flow of water shall not ever be impaired or interrupted. Where possible, crossings of ditches, canals or water - carrying structures shall be bored or jacked beneath. Irrigation ditch or canal crossings require approval of the ditch company or owner. Permittee shall repair damage to any drainage facility to the satisfaction of the owner. 9. TRAFFIC CONTROL PLAN a Prior to commencing work, the Permittee shall develop and submit to the Department for acceptance, a Traffic Control Plan (TCP) for any accommodation work that will affect traffic movement or safety. The Permittee shall implement the TCP and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site. i. When Permittee operations coincide with highway construction or maintenance operations, the Permittee shall develop and implement the TCP in cooperation and coordination with the highway agency and/or its contractors and as otherwise directed by the Department in the permit. j. All flaggers shall have a current CDOT flagger certification card and shall be capable of communicating with the traveling public and others at the work site. 10. NCHRP 350 CRASHWORTH UWM REQUIREMENTS FOR WORK ZONE TRAFFIC CONTROL DEVICES Work zone devices designated by FHWA as: Category I, including but not limited to single -piece drums, tubes, cones and delineators; Category II, including but not limited to barricades, vertical panels with light, drums or cones with light, portable sign supports, intrusion detectors and type III barricades; or as Category III, including but not limited to concrete barriers, fixed sign supports, crash cushions, and other work zone devices not meeting the definitions of Category I or II; shall meet NCHRP 350 crash test requirements. The Permittee, or their contractor shall obtain and make available upon request, the manufacturer's written NCHRP 350 certification, or as applicable, the FHWA Acceptance Letter, for each type of device. FHWA Acceptance Letters for Category II or Category III Work Zone Devices may be accessed through the FHWA website at h_l2:Hsafe .thwa.dot.gov /roadwaydeot/road hardware/wzd.htm 11. WORKER SAFETY AND HEALTH b. The Permittee shall develop the TCP, and Methods of Handling a- All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures and all Traffic s included therein, in conformance with the Manual Traffic ( MHT' applicable U.S. Occupational Safety and Health Administration on Uniform Traffic Control Devices (MUTCD), the Colorado (OSHA) regulations - including, but not limited to the applicable Supplement thereto adopted by the Commission pursuant to sections sections of 29 CFR Part 1910 - Occupational Safety and Health 42A-104 and 4 CRS, the Department's standard Standards and 29 CFR Part 1926 - Safety and Health Regulations specifications foor r temporary emporary traffic control and the Department's for Construction. 02/06 CDOT Permit Form 333 and Standard Provisions Page 3 of 6 CDD L �1�>JC IAL USE' PERMIT STANDARD PRO VISRO E d. Construction or compaction by means of jetting, puddling, or water b. Personal protective equipment (PPE) (e.g. head protection, flooding is prohibited within all highway ROW. footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work e. Thrust blocks are required on all vertical and horizontal bends in being performed, and as specified in regulation. At a minimum, all pressure pipes. workers in the SH ROW, except when in their vehicles, shall wear the following personal protective equipment: f Meters shall not be placed on highway ROW except within corporate limits where municipal regulations allow such use. 1) Head protection that complies with the ANSI Z89. I standard; 2) At all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSI Z41; 3) High visibility apparel, which shall, at a minimum comply with the Class 2 specifications of the ANSUISEA 107standard. Class 3 apparel shall be considered for use at night or in particularly hazardous situations. 4) The most recent version of the ANSI standards listed above shall apply. 12. ADA REQUIREMENTS The Permittee shall comply with the applicable provisions of the Americans With Disabilities Act, with respect to both permanent facilities installations and temporary work zones. 13. CLEAR ROADSIDE CONSIDERATIONS 15. ALIGNMENT, COVER, CLEARANCE a. Location and alignment of Permittee's facilities shall only be as specified in this permit or as otherwise indicated in the approved plans or work sketch (EXHIBIT A). b. Parallel installations will not be permitted under roadways (including curbing and/or shoulders) or median areas, except within corporate boundaries, subject to municipal regulations. C. Parallel installations should be located as near as practicable to the ROW line. Crossings shall be as nearly perpendicular to the highway as feasible. d. Where no feasible alternate locations exist, the Department may permit parallel installations along roadside areas within 15 feet from edge of shoulder or back of curb. In these cases, the facility must be so located and safeguarded as to avoid potential conflict with necessary highway appurtenances (signs, guard rail, delineators, etc.). Specific safeguards such as increasing depth of cover to 60 inches, capping, or encasement, shall be specified in this permit's Special Provisions. a CDOT is committed to provide a roadside area that is as free as practical from nontraverseable hazards and fixed objects ( "clear zone "). New above ground installations may be permitted within the clear zone only upon a showing that no feasible alternate locations exist. Permittee must utilize appropriate countermeasures to minimize hazards. Permittee shall remove materials and equipment from the highway ROW at the close of daily operations. The traffic control plan must include protective measures where materials and equipment may be stored on ROW. Protection of open trenches and other excavations within highway ROW shall be addressed in the Pernittee's traffic control plan. All excavations shall be closed at the end of daily operations, and no open excavation will be allowed in the clear zone after dark. The Permittee agrees to promptly undertake mitigating or corrective actions acceptable to the Department upon notification by CDOT that the installation permitted herein has resulted in a hazardous situation for highway users. 14. GENERAL CONSTRUCTION REQUIREMENTS a Work shall not be performed at night or on Saturdays, Sundays, or holidays without prior authorization or unless otherwise specified in this permit. CDOT may restrict work on ROW during adverse weather conditions or during periods of high traffic volume. b. Those areas within ROW, which must be disturbed by permit operations, shall be kept to a practical minimum. Permittee shall not spray, cut, or trim trees or other landscaping elements within highway ROW, unless such work is otherwise specified in this permit, or clearly indicated on the approved plans. Cleated or tracked equipment shall not work on or move over paved surfaces without mats, or pads on tracks. C. Material removed from any portion of the roadway prism must be replaced in like kind with equal or better compaction. Segregation of material is not permitted. The permitted facility shall be of durable materials in conformity with accepted practice or industry standards, designed for long service life, and relatively free from routine servicing or maintenance. e. Parallel installations shall follow a uniform alignment, wherever practical. Due consideration must be given to conserving space available for future utility accommodations. The standard allowable deviation from the approved horizontal alignment is t 18 inches. f. Minimum cover shall conform to the Special Provisions. Normal specified cover will be 48 inches or greater; reduced cover may be approved where site conditions warrant, subject to other safeguards as may be specified or approved in the permit. Minimum overhead clearance shall conform to the Special Provisions, consistent with Utility Accommodation Code criteria 16. PAVEMENT CUTS AND REPAIRS Paved surfaces shall not be cut unless otherwise specified in this permit. No more than one half the width of the roadbed may be opened at a time, when otherwise permitted. Pavement shall be sawed or wheel -cut to a neat line. Pavement shall be replaced to a design equal to or greater than that of the surrounding undisturbed pavement structure. Pavement repair shall conform to the Special Provisions or the approved plans. 17. BORING, JACKING, ENCASEMENT Unless otherwise specified, buried crossings shall be bored or jacked beneath the roadway, at least from toe of slope to toe of opposite slope. Portals for untrenched crossings more than 5 feet in depth shall be bulk headed in conformance with OSHA construction and safety standards. Portal limits of untrenched crossings shall be established safely beyond the highway surface and clear zone and in no case shall the lateral distance from the surfaced area of the highway to the boring or jacking pit be less than the vertical difference in elevation between such surface and the bottom of the pit. Water jetting or tunneling is not permitted. Water assisted boring may be permitted as determined by the CDOT Inspector. Boring hole shall be oversized to the minimum amount required to allow pull - through of the conduit being installed. Resultant voids shall be grouted or otherwise backfnlled, subject to CDOT approval. Ends of bored sections shall not be covered before being inspected. Encasement shall be consistent with Utility Accommodation Code provisions. CDOT may require protective casing for shallow installations or certain conduit materials. Encased crossings shall extend at least from toe of slope to toe of slope, or the full width between access - control lines on freeways, including the Interstate System. 02/06 CDOT Permit Form 333 and Standard Provisions Page 4 of 6 EDGY USE PIJRPAIItSYAHI1A DPROVISIONS 18. INSPECTION AND ACCEPTANCE CDOT will determine the extent of inspection services necessary for a given installation. Permittee shall attend final inspection as may be required. If the initial performance of permitted work was unacceptable, as determined by the Department, the Permittee shall perform any reconstruction or improvement of that work as ordered by the Department, in a timely manner and prior to any further construction. If permitted operations are not being carried out in compliance with the terms and conditions of this permit, the Department may order the Permittee to perform whatever corrective measures are necessary to attain compliance with the permit. If there is an immediate danger to the public's health, safety or welfare, the Department may order the Permittee to cease all operations and if necessary, to remove all equipment and facilities from the SHROW. designated collection point (such as the Permittee's own dumpster). Drilling fluids must be disposed of as described in the ECIS. If pre - existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) are encountered during the performance of work, the Permittee shall halt work in the affected area and immediately contact the CDOT regional permitting office for direction as to how to proceed. h. Spills shall be reported immediately using the CDOT Illicit Discharge Hotline (303) 5124446. Spills on the highway, into waterways, or that may otherwise present an immediate danger to the public, shall be reported by calling 911 or the Colorado State Patrol at (303) 2394501, and the Colorado Department of Public Health and Environment at 1 -(877) 518 -5608. b. Final acceptance does not relieve Permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. Final acceptance begins the two -year warranty period (see requirement under "Operation and Maintenance" below). 19. ENVIRONMENTAL CLEARANCES/PERMITS a. It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to their activities and to obtain any clearances that are required directly from the appropriate regulatory agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained from CDOT Permitting Offices or may be accessed via the CDOT webpage at bft:ZhNww.dot,state.co.us/Utilft3LF Lroovii/Forms.cfin Failure to comply with regulatory requirements may result in suspension or revocation of your CDOT permit, or enforcement actions by other agencies. b. The Special Provisions of this permit shall list any specific environmental clearances or permits that the Department has been notified by the Permittee or by the administering regulatory agency apply to the operations authorized by this permit. The Special Provisions shall require the Permittee obtain the listed environmental clearances/permits prior to beginning work. C. The Permittee shall comply with all requirements described in the CDOT Environmental Clearances Information Summary, including those pertaining to: 1) Ecological Resources 2) Cultural Resources 3) Discharges of Stormwater or Process Water 4) Hazardous Materials 5) Discharges of Dredged or Fill Material 6) Erosion and Sediment Control 7) Disposal of Drilling Fluids 8) Concrete Washout 9) Spill Reporting 10) Transportation of Hazardous Materials d. Disturbance of any wildlife shall be avoided to the maximum extent practicable. If threatened or endangered species or archeological or historical artifacts are encountered during the progress of a project, work in the subject area shall be halted and the CDOT regional permitting office shall be contacted immediately for direction as to how to proceed. e. All discharges of stormwater or process water are subject to the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. f There shall be no disposal of hazardous materials in the state highway right of way. Solid waste shall be removed from the state highway right of way and disposed of at a permitted facility or 20. RESTORATION OF RIGHT OF WAY Prior to final acceptance, all disturbed portions of highway right of way shall be cleaned up and restored to their original condition, subject to CDOT approval. Seeding, sodding, and planting shall be as specified, or otherwise approved by CDOT. Construction, maintenance and watering requirements shall conform to the CDOT Standard Specifications. Where landscape restoration must be delayed due to seasonal requirements, such work may be authorized by separate permit. Permittee shall use only certified weed -free seed and mulch. Permittee shall clean equipment before transporting it into or out of the state to prevent the migration of noxious weeds. 21. OPERATION AND MAINTENANCE a. Permittee agrees to own and maintain the installation permitted herein. The facility shall be kept in an adequate state of repair and maintained in such a manner as to cause the least interference with the normal operation and maintenance of the highway. b. If any element of the transportation facility, constructed or replaced as a condition of this permit, fails within 24 months due to improper construction or materials, Permittee shall make all repairs immediately as notified in writing by CDOT. C. Routine, periodic maintenance and emergency repairs may be performed under the general terms and conditions of this permit. CDOT shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic. In an emergency, the CDOT Region office and the State Patrol shall immediately be notified of possible traffic hazards. Emergency procedures shall be coordinated beforehand, where possible. d. Maintenance activities requiring new excavation or other disturbance within highway ROW may require separate permit. Where highway construction or maintenance operations so require, Permittee will shut off lines, remove all combustible materials from the highway right of way, or provide other temporary safeguards. 22. MARKERS, LOCATION AIDS, LOCATION ASSISTANCE The utility shall take all practical measures to ensure that buried utility facilities are surface- detectable by standard geophysical methods. Where the utility facilities, by the nature of their material properties, burial depth or other factors, may by themselves not be surface- detectable, the utility shall, where feasible, incorporate detection wire or other detection aids in the installation of those facilities. In instances where detection aids are not feasible or would be ineffective and surface- detectability cannot be ensured, surface markers shall be installed as directed by the Department and as- constructed plans and showing the accurate horizontal and vertical location of the buried facilities shall be provided to the Department. b. All plowed or trenched installations must include color -coded (using the American Public Works Association color coding system) warning tape placed not less than 12 inches vertically above 02/06 CDOT Permit Form 333 and Standard Provisions Page 5 of 6 CDOT ITL'ILITYPRELOCATIOH /SPECIAL USE PERMIT STANDARD P OVISROP43 the top of the line. The warning tape shall be surface- detectable if needed to facilitate detection of the line. of the terms and conditions of the permit issued for that facility, including maintenance and relocation requirements. C. The utility shall place readily identifiable markers at the right of way line where it is crossed by pipelines carrying transmittants which are flammable, corrosive, expansive, energized, or unstable, particularly if carried at high pressure or potential, except where a vent will serve as a marker. d. The utility shall place markers for longitudinal underground facilities vertically above the facilities or at a known horizontal offset, unless otherwise approved in writing by the Department. Each marker shall provide a fore- and backsight to succeeding and preceding markers. Markers shall be installed at suitable intervals along tangent sections, at angle points or points of curvature and at reasonable intervals along curves. e. The utility shall maintain any markers required by this Code for the life of the installation. f. The Department may require the utility to submit "as- constructed" plans. The Department may enter into an agreement with the utility whereby the Department can rely on those plans for the exact location of the utility for any future excavations, and need not give notice to the utility under Article 1.5 of Title 9, C.R.S. g. The utility will comply with the applicable requirements of Article 1.5 of Title 9 C.R.S., including any requirement to participate in the State's Notification Association pursuant to 9 -1.5 -105 C.R.S.. All owners of underground utilities within the SHROW, with the exception of the Department itself, must become members of the UNCC Notification Association. h. In addition to complying with the provisions of Article 1.5 of Title 9 C.R.S (One -Call Statute) in response to the Department's notification of planned excavations, utility owners shall surface - mark their buried utility facilities that are located within the SHROW in order to facilitate Departmental engineering and design activities, upon reasonable request from the Department, and at no cost to the Department. The Permittee shall respond to such request within a reasonable timeframe acceptable to the Department, but no longer than 14 calendar days from the date of request, and the accuracy of the surface marking shall be within 18 inches of either side of the actual location of the buried facility. 23. ADJUSTMENTS DUE TO HIGHWAY CONSTRUCTION If for any transportation purpose it becomes necessary to remove, adjust, or relocate this facility, Permittee will do so promptly, at no cost to the CDOT except as provided by law, upon written notice from CDOT and in accordance with the utility relocation permit issued to cover the necessary work. The utility shall perform the relocation at or within a time convenient to and in proper coordination with the project or transportation - related activity, to minimize public inconvenience and cost, as directed by the Department in the permit authorizing the relocation. The utility company shall pay for damages caused by the company's delay in the performance of utility relocation work or interference with the performance of transportation project work done by others. Such damages include, but are not limited to, payments made by the Department to any third party based on a claim that performance of the transportation project work was delayed or interfered with as a direct result of the utility company's failure to timely perform the utility relocation work. Damages resulting from delays in the performance of the utility relocation work or interference with the transportation project work that are caused by events beyond the utility company's ability to reasonably foresee or control (a force majeure) shall not be charged to the utility company. 24. ABANDONMENT, RETIREMENT, CHANGE IN OWNERSHIP a. The Permittee shall notify the Department in writing of the planned retirement or abandonment of its facility or any portion thereof. The Department will notify the Permittee in writing if it determines that the facilities may be retired or abandoned in place, along with any special conditions that may apply. b. Retired facilities shall remain the Permittee's sole responsibility, subject to all provisions of the Utility Accommodation Code and all C. The Permittee shall promptly remove all abandoned facilities from the SH ROW and promptly restore the SH ROW to pre - existing or other conditions prescribed by the Department unless the Department in writing expressly allows the facility to remain in place. Written notice from the Department, allowing an abandoned facility to remain in place, may include special conditions. d. If utility facilities are retired or abandoned in place, the utility shall comply with that decision if directed by the Department: 1) cap, plug or fill lines, 2) furnish suitable location records for any such buried facilities, 3) maintain its own records of such facilities and respond to locate notices /requests from the UNCC and/or excavators, In providing such locates, the utility will indicate to the requesting entity whether or not the subject facilities are retired or abandoned. 4) perform any other actions as deemed necessary by the Department to protect the transportation facility and/or the traveling public. C. If the ownership of utility facilities is transferred, both the original Permittee and the new owner shall notify the Department in writing prior to the change in ownership, and such notice shall state the planned date of change in ownership. The notice from the new owner shall include a written statement accepting all terms and conditions of the existing permit, effective upon the planned date of the change in ownership. Utility facilities containing asbestos may not be abandoned in -place. Ordinarily, such facilities must be removed from the SHROW when take out of service. On a case -by -case basis, the Department may allow such facilities to be retired in- place, with the owner retaining full legal ownership and responsibility for the facilities. 25. SUSPENSION AND CANCELLATION a The CDOT inspector may suspend operation due to: 1) Non compliance with the provisions of this permit 2) Adverse weather or traffic conditions 3) Concurrent transportation construction or maintenance operations in conflict with the permitted work. 4) Any condition deemed unsafe for workers or for the general public. b. Work may resume when grounds for suspension no longer exist. This permit is subject to cancellation due to: 1) Persistent noncompliance with permit provisions 2) Abandonment or transfer of ownership 3) Superseded by new permit covering the same installation 4) Conflict with necessary planned transportation construction. C. Permittee must promptly terminate occupancy upon notice of cancellation of permit, unless a new permit is applied for and granted. d. Where Permittee does not fulfill an obligation to repair or maintain any portion of the highway facility, or control and safely maintain the flow of traffic thereon, CDOT reserves the right, in lieu of canceling this permit, to accomplish the required work by any other appropriate means, and Permittee shall be liable for the actual costs thereof. 02/06 CDOT Permit Form 333 and Standard Provisions Page 6 of 6 s INSTALLATION & T -TOP ASPHALT REMOVAL AL DETAIL FLOWFILL VVTTH STRUCTURAL BACKFILL REPLACEMENT ASPHALT MINIMUM OF 2 FEET ON EACH SIDE OF TRENCH OR TO UNDISTURBED SOLID BASE, WHICHEVER IS GREATER* * I � ASPHALT — BACKFRI WTM FLOWABLE FIM TO TOP OF CUT 36" FLOWFILL FROM BOTTOM OF ASPHALT i I ASPHALT * * NOTE - EDGES OF REPLACEMENT COMPACTED ASPHALT SHALL NOT STRUCTURAL BACKFILL TERMINATE IN THE IN 6 - LIFTS WHEEL PATH BEDDING MATERIAL 18" MIIYIIIIi[JM M][NnVIUM OF 4" OF REPLACEMENT ASPHALT IN TWO COMPACTED LIFTS OR MATCH EXISTING ASPHAL' WHICHEVER IS GREATER DEPENDING ON EXISTING ASPHALT THICKNESS ASPHALT MAY BE SAW CUT OR ROTO -MI LLED REVISED 4/02 GRAPHIC SCALE lo ( IN FEED ) 1 Inch - 40 It ATf_WAT '.. rAs 36668 0: EXISTS IN VICINITY OF WATER CONTACT XCEL HIGH PRESSURE TO EXCAVATION. ITS REOUIRED TO INSTALL WATER TAGE ROAD iT /TOV TO SCHEDULE WORK ON [IS WORK IS RESTRICTED TO TIMES. IFOR RETAINING WALL ADJACENT 2 SHALL BE CONSTRUCTED AT IN INVERT ELEVATIONS. OPERATIONS (BY OTHERS) FROM 12 -0940 TO A POINT 1 MH 1 SHALL BE COMPLETE S OUSTIDE DROP TO EXISTING N BUILDINGS SEWER SERVICE )ETERMINE NEW SEWER PROFILE. .RVICE TIE -IN POINT RTICAL) SHALL BE FIELD VG PRIOR TO START OF SEWER IFY ENGINEER WITH POTHOLE TO START OF CONSTRUCTION. PER MECH. -INEO PER ERWSD FOR: I VARIANCE REWIRED MH 1 CJ c7 oo � J V2 C LL p 1 - L O �00 C� c O 2 z J Q W ^ W ^ 1..1. O U DRAWN: GLA DESIGNED BY: GLA REVIEWED: LML PLC JOB /: 1441 DATE: 2/12/08 SHEET PERMIT CC ENTERPRISES - TRAFFIC CONTROL SPECIALISTS, INC Contractor: R.A. NELSON FINE BUILDERS Project: 442 SOUTH FRONTAGE ROAD - VAIL Method of Handling Traffic: ONE LANE ROAD ON TWO LANE ROAD PREPARED BY: N i�r► ��ax 1,010107 W E ATSSA TCS NAME DATE PHONE: 970- 24 2_Qbb9 CERTIFICATION # 00037043 ISSUE DATE: 11 11 2004 EXPIRATION DATE: . 10/5/2008 �NEIANE LMUTY ow WORK AWOD AHEAD _ 350' 380' 350' SOUTH FRONTAGE ROAD 350' 350' L tRr u Wm a� AHFAD f� IT- k 350' \� E 350' 4 uncrr WORK MEAD WORK ZONE NOTES: 1. CONTRACTOR WILL NEED ONE LANE CLOSED ON TWO LANE ROAD DURING WORKING HOURS ONLY. 2, AT NIGHT ALL HAZARDS WILL BE BARRICADED WITH VERTICAL PANELS AND FLASHING LIGHTS. 3, REFER TO MUTCD FIGURE 6H -10 FOR 1YPICAL APPLICATION. SIGNS & DEVICES: 3 - UTILITY WORK AHEAD 2 - ONE LANE ROAD AHEAD 2 - FLAGGER SYMBOL CONES b W11 E OF COL 0 DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety Utility Permit Section 222 South 6 th Street, Room 100 Grand Junction, Colorado 81501 (970) 683 -6271 OT LATE FALL, WINTER AND SPRING SPECIAL PROVISIONS FOR WORK WITHIN CDOT RIGHT OF WAY It's that time of year again when work within the Right of Way (ROW) becomes a special concern. Due to Northwest Colorado's unpredictable weather, work in the ROW can create several types of hazards for the traveling public, contractors, and their personnel. The condition of the highway can change quickly. Mud tracked onto the highway by equipment, or ice and snowpack are just a few of the conditions that make the roadway more hazardous for all concerned. The terrain within the ROW must be kept clear of hazards as well. Holes, trenches, equipment and materials can make the terrain "unrecoverable" for a driver should his/her vehicle leave the highway. Activities must be shut down when the roadway is other than dry. The use of frozen materials for backfilling will only lead to settlement. The contractor must make extra effort to compact the excavation. In the spring, any settlement of backfill shall be repaired. The re- vegetation shall take place yet this fall or early next spring. DEPARTIUIENT OF I"R_ANSPORT, TIOrq Region 3 Traffic and Safety Utility Permit Section 222 South 6 Street, Room 100 Grand Junction, Colorado. 81501 (970) 683 -6288 FAX: (970) 683 -6290 ll 13,937 070A Frontage Rd 176.73mm 2MARY4 SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS THE SPECIAL PROVSIONS ARE TERMS AND CONDTIONS OF THIS PERMIT Permit No Highway No Mile Marker Patrol No CDOT IS NOT A UNCC MEMBER AND UNCC WILL NOT LOCATE CDOT FACILITIES. PERMITTED WORK REQUIRES PERMTTTEE OR CONTRACTORS TO CONTACT CDOT (970) 248 -7230, FOR LOCATES IF ANY CDOT SIGNALS, FLASHING BEACONS, ELECTICAL SIGNS, LUMINARIES, AND WEATHER STATIONS ARE LOCATED WITHIN 3000 FEET OF CONSTRUCTION AREA TRAFFIC CONTROL The complete permit for this work, including approved Colorado Department of Transportation (to be know as CDOT or the Department)permit, construction and traffic control plans, will be kept at the work site at all times. The permittee is responsible for providing traffic control plans that conforms to and meets the requirements of the Manual on Uniform Traftic Control Devices (MUTCD) and the Colorado supplements 2. To meet conditions encountered in the field, minor changes or additions may be ordered and approved by the CDOT Field Inspector. 3. All CDOT employees shall be considered as inspectors when the safety of the traveling public, safety of contractors, employees, or integrity of the property of CDOT is at risk. 4. All work shall cease when weather creates a safety hazard for the traveling public and/or barrow ditch is wet enough to leave tire or cleat marks. 5. Any advance warning signs not in use for a particular activity shall be removed, placed outside of the clear zone, or laid flat at least 4' from the edge of the shoulder and not on landscaped areas or sidewalks. This applies to both signs and structures. 6. All flagging personnel must be certified and have their certification cards available for inspection at any time. 7. Lane closures must be as short as possible and as per the MUTCD. Flaggers are required for each lane closure. Advance warning signs must be placed as per MUTCD. All temporary traffic control signs shall be removed, covered or laid on the ground during non- working hours. 8. Two- way traffic shall be maintained at all times in the construction area in accordance with the M.U.T.C.D. and Colorado Supplements. CONSTRUCTION 9. The permittee must notify the CDOT inspector no less than two (2) days prior to any work on highway right -of -way. CDOT Inspector's name or alternate contact and phone number is on the permit. 10. No work shall proceed beyond the expiration date specified on the permit without written approval of the Department. 11. No work shall be permitted at night or on Saturday, Sunday, or holidays without prior authorization or unless otherwise specified in this permit. CDOT observed holidays remaining: Tuesday, January 1, 2008 (New Year's Day observed), Monday, January 21, 2008 (Martin Luther King Day), Monday, February 18, 2008 (Presidents' Day), Monday, May 26, 2008 (Memorial Day),Friday, July 4, 2008 (Independence Day), Monday, September 1, 2008 (Labor Day), Monday, October 11, 2008 (Columbus Day), Tuesday, November 11, 2008 (Veterans Day), Thursday, November 27, 2008 (Thanksgiving Day), Thursday, December 25, 2008 (Christmas). CDOT Utility SpeCS- Revised 1/04 Pagel I r. On three (:)) day weekend holidays, the project shall be shut down by 12:00 Noon on Friday, and not resume prior to the following Tuesday morning. 13. Work hours for this permit are from one hour after sunrise to one hour before sunset, unless otherwise stated in the permit. 14. Permittee is responsible for the safety of the traveling public at all times when work is being done. 15. Forty-eight (48) hour notification must be given for the underground location of CDOT owned facilities. Phone (970)683 -6271. 16. Any damage to highway facilities, such as traffic lights, streetlights, concrete walkways, bike paths, asphalt, signing, etc, shall be repaired and reported immediately and notification must be given to the CDOT Inspector or contact CSP Dispatch — 970 -824- 6501 Craig & 970 - 2494392 Montrose. 17. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric structures, historic or prehistoric artifacts (bottle dumps, charcoal from subsurface hearths, pottery, potsherds, stone tools, arrowheads, etc.), the operation shall cease at once and the permittee shall contact the CDOT Environmental Office (970) 248 -7223 for guidance. 18. Permittee assumes all responsibility for any and all land survey monuments within the permitted area of the right -of -way. If disturbed or destroyed, the permittee bears full cost for replacement. Construction may need to be re- routed to avoid disturbing High Accuracy Reference Network Survey Land Markers Direct any questions within five (5) days prior to construction to: Region Survey Coordinator, 222 South 6' St., Room 317, Grand Junction, CO 81501 at 910- 248 -7232. 19. If petroleum or other potentially hazardous material is encountered during excavation, work shall cease immediately. The proper disposal of any soils or other material determined to be hazardous and/or contaminated by fugitive petroleum uncovered or excavated during the performance of utility construction shall be the sole responsibility of the Utility and shall be accomplished in accordance with all applicable Federal, State and Local laws and regulations. Such clean up and disposal shall be at no cost to CDOT. 20. All construction vehicles, delivery vehicles and traffic control vehicles shall be equipped with flashing amber /yellow beacons, which are visible from all directions. Only construction vehicles involved in the construction are to be at the work site. It is important to limit the number of e�_iraaeous vehicles ai each work site. Staging areas shall be pre - approved. 21. Staging and material storage areas, within the right of way must be pre- approved and beyond the clear zone. Employee parking within the right of way shall be restricted and not shall not be allowed, except in pre - approved contractor staging areas and beyond the clear zone. The only vehicles allowed within the highway clear zone are the construction vehicles necessary for the operation, such as the Inspector, Superintendent, Mechanic and Supervisor. Parking along the shoulder of the highway is not allowed. Contractor utilizing private property for material storage and staging areas shall furnish CDOT with documentation that permission has been obtained from the property owner. 22. Minimum depth for this installation shall be 54 inches or 60 inches if within 15 feet of roadway or below local frost line, whichever is greater. 23. All utilities located at inlets or outlets of all major or minor structures and roadway drainage and irrigation ditches shall be encased or placed at a cover depth of forty-eight (48) inches or 60 inches if within 15 feet of roadway or below local frost line, whichever is greater below the finished ditch grade. 24. Crossings shall be as near perpendicular to the highway as feasible. 25. All above ground structures, (poles, pedestals, anchors, guys, etc.) will be placed outside of, or within five (5) feet of the right of -way line. 26. Valve and manhole covers will be set '' /z inch below finished grade. 27. Saw or wheel cut (asphalt) (concrete) to assure a straight edge for patching. 28. All backfill is subject to AASHTO standard compaction T -99 or T -180 as appropriate. Compaction and materials testing may be required at the discretion of the Department of Transportation. 29. The replacement asphalt shall be a minimum of 4 inches of hot bituminous pavement placed in 2 compacted lifts. Tack oil shall be used prior to replacement being installed. A "T" top cut shall be performed. (see Attached Drawine). Final patch surface shall be smooth and conform to the surrounding pavement surface with no bump, dip or other noticeable difference in the riding quality. 30. Asphalt seams shall not terminate in/on the wheel paths. CDOT Utility Specs - Revised 1/04 Paget A . When open cuts of asphalt or concrete roadways ar�� allowed and when needed or directed, the excavation shall be covered with steel plates during non - working hours to facilitate traffic. Use cold mix to ramp plates to hold them in place and make smooth transition. 32. Open cut in the paved roadway will be backfilled with flowable backfill, (full trench depth), that meets or exceeds State Standard Specifications. All excavated native material will be removed from highway right -of -way for disposal. 33. Material removed from any portion of the roadway must be replaced in like kind with equal or better compaction. No segregation of materials will be permitted. 34. All pavement markings removed or damaged during the utility installation will be replaced. 35. No open pits or trenches are allowed within thirty (30) feet of any traveled lane at night, weekends or holidays, unless protected by type four (4) barriers, as required by M.U.T.C.D. and Colorado Supplements. 36. Safety devices as per the AASHTO and the Colorado M & S Standards must protect all construction equipment that cannot be transported from the work area, and is within the "Clear Zone ". Protective guardrail/barrier devices shall meet the requirements of the State of Colorado M Standards, section 606 -12. Clear Zone requirements are found in AASHTO Road Side Design Guide, Section 3. Equipment that can be transported to a location that is not within the Clear Zone or otherwise protected by existing guardrail, shall be clearly delineated as per the MUTCD manual. 37. Areas of roadway and right -of -way disturbed during this installation will be restored to the original contour and condition by grading to drain, top soiled, fertilized, mulched and reseeded with approved material at specified proportions. Mulch, fertilizer and seed shall be "certified weed free ". Refer to Section 212 & 213 of the "Colorado Department of Transportation Standard Specifications for Road and Bridge Construction ". Copies of weed free certification may be required by CDOT Region 3 permit section. 38. Permittee shall develop and implement a two -year noxious weed control plan for areas within the Highway right -of -way disturbed by this installation/construction. 39. No cleated, tracked or equipment with outriggers may work or move over paved surfaces without pads 40. All work and materials to meet or exceed the most current issue of the "Colored/ca Deperiagew o, Transportation Standard Specyrcadons for Pkofed and Bridge Construction" & "Colorado Department of Transportation Standard Plans- M & S Standards ". 41. Unacceptable work shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. 42. If proposed utility is not placed in area applied for, the utility permit is void, and the utility is deemed illegal. 43. All procedures and work are subject to CDOT approval. 44. All work to be as per permit and submitted plans. MISCELLANEOUS 45. The permittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado harmless from and against any loss of and/or damage to the property of the State of Colorado, third parties or the permittee's facilities including loss of services, loss and/or damage on account of injury to or death of any person, whosoever, arising at any time, caused by or growing out of the occupation of Colorado State Transportation rights -of -way the penmittee's facilities or any part thereof, unless such loss and/or damage is the direct result of any willful and wanton act of the State of Colorado or its employees. 46. Permittee is prohibited from any illicit or non- stormwater discharges that are prohibited by State Water Quality laws. If further information is necessary, CDOT shall provide a copy of the Environmental Clearances Summary. Permittee agrees that it shall be responsible for obtaining all necessary environmental clearances and permits from all agencies (U.S. Army Corps of Engineers, Colorado Divisions of Wildlife, U.S. Forrest Service, U.S. Bureau of Land Management, Colorado Department of Health & Environment, county health department, etc.) before commencing any work under this permit. Without these clearances & permits, this permit shall be not in effect Permittee also agrees to assume all responsibility and liability in connection with potential environmental hazards encountered in connection with its work under this permit. The permittee must show all environmental permits and clearances to CDOT (Utility Inspector or Environmental Officer) on request and prior to construction. 47. If any element of the highway facility, constructed or CDOT Utility Specs - Revised 1/04 Page3 replaced as a condition of this permit fails within two years clue to improper construction, installation or materials, permittee will be responsible for making all repairs immediately as notified. 48. The expiration date of this permit is noted on the permit. Any request to extend the time frame of this permit shall be made in writing. Submittal of an additional permit application may be required. 49. No access to the work area will be permitted from the main lanes or ramps of the Interstate Highway. No new access to or from the State Highway ROW will be allowed. You are required to obtain permission to use any existing State Highway access. Access to the State Highway system requires a separate permit. (Contact Access Coordinator at (970) 248 -7230 for access applications) 50. The Eagle River Water & Sanitation District (known here after as District) will maintain and operate the improvements constructed under this permit which are located in the state highway right of way, at its own cost and expense during their useful life, in a manner satisfactory to the District. The District will make proper provisions for maintenance as it determines is necessary or required in its sole and absolute discretion. Such maintenance and operations shall begin nor sooner than the expiration of the warranty provided by the Permittee, which in any event shall be no sooner than 24 months from the date of written final acceptance of the improvements by CDOT or the District, whichever occurs later. CDOT and the District understand and agree that the improvements are being constructed by a private party Permittee ("Developer") and that in accordance with the second paragraph or the Operation and Maintenance Standard Provisions, the Developer shall be primarily obligated to repair or reconstruct any and all element(s) of the transportation facility that fail(s) due to improper construction or materials. The District shall be secondarily responsible and only in the event of a default by the Developer shall the City be obligated during the first 24 months. CDOT understands and agrees that the District may secure the Developer's obligation by an improvement agreement, guarantee or security in a form acceptable to the District ("Security Agreement "). While CDOT may be an incidental beneficiary under the Security Agreement it is not an intended beneficiary and therefore can claim or assert not rights thereunder. 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