Resolution 2013-30 - Laserfiche WebLink

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Section 8. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing that all such clearances have been obtained. Section 9. Railroads In the event the Project involves modification of a railroad company's facilities whereby the work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal -aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and /or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The State shall perform all work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations If not sooner executed, then promptly upon completion of the Work and acceptance thereof, the State, the Local Agency, and other entities as applicable, will enter into one or more agreements to set forth such parties' responsibilities for ownership, maintenance and operation of the improvements constructed under this contract, in a manner satisfactory to applicable parties and FHWA. Such agreement(s) shall make proper provisions for the maintenance and operations obligations of the parties each year, including allocation of the cost and expense therefor, and further provide that such obligations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the parties' obligations to maintain such improvements. The State and FHWA will make periodic inspections of the Project to verify that improvements within the CDOT right of way and to be maintained by parties other than the State are being adequately maintained. Page 7 of 12