Question 37 - Courtesy NDOT publication.pdf

Terms and Conditions Relating to Right-of-Way Occupancy Permits

T H

E G

R E

A

T

SE A L O F THE

S T

A T

E O

F

N E VA D A

ALL FOR OUR COUNTRY

Jim Gibbons, Governor

Susan Martinovich, P.E.

Director

Nevada Department of Transportation 1263 S. Stewart Street

Carson City, Nevada 89712

(775) 888-7000 www.nevadadot.com

Edition

TERMS AND CONDITIONS

RELATING TO

RIGHT-OF-WAY OCCUPANCY

PERMITS

STATE OF NEVADA

DEPARTMENT OF TRANSPORTATION

July 2006

- 2 -

RELATING TO RIGHT-OF-WAY OCCUPANCY PERMITS

TABLE OF CONTENTS

Section Page

I Definitions

II General Requirements Regarding Preparation and Submission

III General Provisions

IV Underground Facilities

V Overhead Utilities Installations

VI Driveways, Approaches and Street Intersections

VII Pavement Widening

VIII Concrete Curbs, Gutters, Sidewalks and Curb Cuts

IX Landscaping

X Telecommunication Installations

APPENDICES

Χ Appendix "A" - Traffic Impact Study Requirements

Χ Appendix "B" - Drainage Information Form

Χ Appendix "C" - Standard Bond Form

Χ Appendix "D" - Utility Category Checklist (I – VI and Telecommunications)

Χ Appendix "E" - Hydraulic Requirements for Fiber Optic Line Installation

Χ Appendix “F” - Affidavit of Compensable Interests

Χ Application for Occupancy of NDOT Right-of-Way

- 3 -

I DEFINITIONS

All Right-of-Way Occupancy Permits issued by the Department of Transportation to private or publicly-owned facilities, relating to approaches, intersections, poles, wires, cables, overhead structures, pipes, conduits, manholes, miscellaneous facilities, railroad crossings, and minor work is subject to all of the terms and conditions, except as otherwise specifically provided on page 2 of the permit.

For the purposes of this permit, the following definitions will apply:

1. AASHTO: American Association of State Highway and Transportation Officials

2. ADA: Americans with Disability Act

3. ADT: Average Daily Traffic

4. ANSI: American National Standards Institute

5. Backfill: The material to be placed in a trench from the bottom of the pipe to the bottom of type 2 base as per State Standards

6. CFR: Code of Federal Regulations

7. Clear Zone: The total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or a clear run-out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry, in accordance with the AASHTO Roadside Design Guide

8. Control of Access: The condition where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with a highway is fully or partially controlled by public authority

9. Department: The State of Nevada, Department of Transportation

10. District Engineer: The senior officer of an engineering district of the Department or an authorized representative in whose district the activities contemplated by the permit occur

11. EPA: Environmental Protection Agency

12. FEMA: Federal Emergency Management Agency

13. FHWA: Federal Highway Administration

14. Licensed Engineer: Means a person who by reason of his professional education and practical experience is granted a certificate of registration by the Nevada Board of Professional Engineers and Land Surveyors to practice professional engineering

15. MUTCD: Manual on Uniform Traffic Control Devices

16. NAC: Nevada Administrative Code

- 4 -

17. NCHRP 350 Compliance: National Cooperative Highway Research Program - A standard set by AASHTO and FHWA for the use of roadside hardware, including some work zone hardware

18. NDEP: Nevada Division of Environmental Protection

19 NESC: National Electrical Safety Code

20. Noxious Weeds: Means any living stage, such as seeds and reproductive parts, of any parasitic or other plant of a kind, which is of foreign origin, is new to or not widely prevalent in the United States, and can directly or indirectly injure crops, other useful plants, livestock or poultry or other interest of agriculture, including irrigation or navigation, or the fish or wildlife resources of the United States or the public health

21. NRS: Nevada Revised Statutes

22. Permit: Right-of-Way Occupancy Permit issued pursuant to the provisions of NRS 408.423, NRS 408.210 and NAC 408

23. Permittee: The corporation(s), person(s), entities(s), or their agent(s) to whom this permit may be issued

24. Roadway Prism: A general term denoting the cross sectional elements of a highway including the side slopes, structural section and depth of the base and surface, and roadside features such as curb, gutter, sidewalk and guardrail

25. Standard Plans for Road and Bridge Construction: Most recent editions of the Department

Standard Plans, which incorporates the most recent revisions

26. Standard Specifications for Road and Bridge Construction: Most recent editions of the

Department Standard Specifications, which incorporates the latest revisions and pull sheets

27. Terms and Conditions: Standards for permit work

- 5 -

RELATING TO RIGHT-OF-WAY OCCUPANCY PERMITS

II GENERAL REQUIREMENTS REGARDING PREPARATION AND SUBMISSION

1. Fees

Fees will be charged for the processing of Right-of-Way Occupancy Permit applications as authorized by NRS 408.423. The fees are non-refundable once processing of the Right-of-Way Occupancy Permit application has commenced, even if the permit application is denied or subsequently withdrawn, or if issued and subsequently revoked. In the event a permit is issued but the encroachment is not constructed within the prescribed period, the permit will be revoked and a new processing fee required for reapplication.

Permit Category Description Minimum Fee

IA. Underground and Aerial installations, including but not limited to gas, sewer, electric lines, water lines, storm drains, traffic signal appurtenances, street light circuits, electrical, fire alarm cables (for telecommunication fees see Section 2.)

Less than 2.5 miles ........................................................................................ $ 600.00 IB. 2.5 miles to 5 miles........................................................................................ $1,000.00 IC. Greater than 5 miles The Department will charge and collect a fee in an amount equal to the cost incurred by the Department to review an application for an occupancy permit and inspect the installation of Underground and Aerial facilities. The utility shall submit the fee to the Department not later than fifteen days after the utility receives a notice from the Department, by a certified mail, setting forth the amount of the fee. If, upon the completion of the installation, the Department determines that the amount of the fee collected was:

1) More than the cost incurred by the Department, the Department will refund to the utility the amount by which the fee exceeded the cost; or

2) Less than the cost incurred by the Department, the department will send the utility, by certified mail, a notice setting forth the amount by which the cost exceeded the fee. The utility shall submit the amount set forth in the notice not later than fifteen days after the utility receives the notice.

II. Highway access approach or driveway for single family residences

(less than 100 ADT), sidewalks, residential landscaping, minor revisions .......................................................................................................... $ 50.00

III. Highway access approach or driveway for two to ten residences (less than 100 ADT), sidewalks, residential landscaping, minor revisions ..... $ 500.00

IV. Highway access approach or driveway for commercial traffic and access opening in conjunction with sidewalks, landscaping and minor drainage revisions that does not require a traffic impact study ............... $ 500.00*

V. Permits related to subdivision or commercial developments which require a traffic impact study or hydraulic study including but not limited to roadway widening, turning lanes, acceleration-deceleration lanes, curbs, gutters, sidewalks, drainage structures, approaches, street lights, traffic signals, adjustment of

- 6 -roadway safety features ................................................................................. $1,000.00*

VI. Miscellaneous, including but not limited to commercial landscaping, bike paths, awnings, fences, residential service connection on same side of highway outside of oil ....................................................................... $ 100.00*

VII. Telecommunications – the installation of any line, fiber, wire, conduit, interduct, access manhole, handhole, tower, pedestal, pole, box, transmitting equipment, receiving equipment, power equipment, system or device of a provider of telecommunications or a community antenna television company that is used to transmit, receive, produce or distribute a wireless, wireline, electronic or optical signal for communication......................... Fees vary

* Additional fees for required review by NDOT headquarters divisions including Archaeology, Design, Geotechnical, Landscape, Hydraulics, Structural, Right-of-Way and others will be assessed on in-depth or complicated applications.

Note: 1. An assessment equal to fifty percent (50%) of the permit fee will be charged for any application that is substantially amended by the applicant. In this instance, “Substantially amended” shall include but not be limited to; “a change in the alignment, a change in the construction or the closure of lane/lanes if not previously specified in the original application. The ultimate decision will be up to each District Engineer however; if a Permittee feels that the District Engineer has made an error in his determination, the Permittee will be allowed to appeal this decision to the director.

2. NDOT will grant at no cost a one-time extension of six (6) months to complete the installation/construction approved in the encroachment permit. Future extensions will require a new application and fee, however, NDOT will have the discretion to waive an application fee for an extension of time if there are no changes in the proposed project or in the proposed alignment submitted by the applicant that would cause significant time for staff to review.

Any permit, regardless of the category, requiring an abnormal amount of engineering, technical review, or inspection may be charged actual cost based on the Department's direct and related indirect costs. This may include the hiring of field inspectors, contracting the reviews, etc.

The PERMITTEE may be required to contract for on-site inspectors from a list of pre-qualified contractors, which may be furnished by the Department.

Local governmental entities including general improvement districts, water districts, etc.

when incorporated by an act of the State legislature) and other state agencies, when working on their own systems, and not performing work necessitated by or on behalf of a private development, are exempt from the fees. It is the responsibility of the PERMITTEE to demonstrate its qualification for exemption when questions arise.

All encroachment permits may be required to be submitted in English (Imperial Units).

Initial contact will be made and completed applications with the appropriate fees will be submitted to the appropriate District Engineer. For large projects, preliminary review by the appropriate District is encouraged. Where early reviews are indicated, the following NDOT organizations should normally be involved: Districts, Hydraulics, Traffic, Bridge, and Roadway Design. Other divisions may be included as necessary.

2. Telecommunication fees

The following are fees for the Nevada Department of Transportation to process application for telecommunication facilities in state highway right-of-way pursuant to NAC 408 (effective

- 7 -

11/1/01):

New facilities less than two and one half (2 ½) miles in length

7A. For the reviewing of an application, for an occupancy permit and inspecting the installation of a telecommunications facility, that is not more than two and one-half mile in length, a fee of $600.00, $175.00 of which is not refundable. The $175.00 non-refundable application fee must accompany the application. The remainder of the fee is due and payable upon the delivery of the occupancy permit.

New facilities greater than two and one half (2 ½) miles, but less than five (5) miles in length

7B. For the reviewing of an application, for an occupancy permit and inspecting the installation of a telecommunications facility which is more than two and a half miles but less than five miles in length, a fee of $1,000.00, $375.00 of which is not refundable. The $375.00 non-refundable application fee must accompany the application. The remainder of the fee is due and payable upon the delivery of the occupancy permit.

New and existing facilities five miles in length or longer

7C. The Department will charge and collect a fee in an amount equal to the cost incurred by the Department to review an application for an occupancy permit and inspect the installation of a telecommunications facility or the changes to a telecommunications facility for which an occupancy permit has been issued by the Department and which is more than five miles in length. The fee shall be calculated at $1,000 for the first five miles and $600 for each additional two (2) miles or portion thereof. (For example, if an applicant has a seven-mile project in which they will be installing new fiber optics, the deposit that will be required at the time of submission would be $1,600 ($1,000 for the first five (5) miles and $600 for the additional two (2) miles).

The deposit must accompany the occupancy permit application. If, upon the completion of the installation of or change to the telecommunications facility, the Department determines that the amount of the fee collected was:

1) More than the cost incurred by the Department, the Department will refund to the utility the amount by which the fee exceeded the cost; or

2) Less than the cost incurred by the Department, the Department will send the utility, by certified mail, a notice setting forth the amount by which the cost exceeded the fee. The utility shall submit the amount set forth in the notice not later than fifteen days after the utility receives the notice.

Annual occupancy permits

7D. For the reviewing of an application for an annual occupancy permit, a fee of

$9,500.00, $500.00 of which is not refundable. The $500.00 non-refundable application fee must accompany the application. The remainder of the fee is due and payable upon the delivery of the occupancy permit.

Existing Facilities less than five miles in length

7E. For the reviewing of an application for an occupancy permit and inspecting the change to a telecommunications facility, for which an occupancy permit has been issued by the Department and which is not more than five miles in length, a fee of $500.00, $125.00 of which is not refundable. The $125.00 non-refundable

- 8 -application fee must accompany the application. The remainder of the fee is due and payable upon the delivery of the occupancy permit.

Miscellaneous

7F. For reviewing an application for an occupancy permit and inspecting the installation of a telecommunications facility that is a residential service connection on same side of highway outside of oil, a fee of $100.00 will be collected at the time the application is submitted.

Additional fees

A. In addition to the fees for new and existing facilities less than five miles in length, the

Department may charge and collect a fee in an amount equal to but not more than ten percent (10%) of the published fee if the Department determines that the cost to review an application for an occupancy permit and inspect a telecommunications facility of the utility is more than the amount of the fee charged and collected pursuant to the published fee.

NOTE: All non-refundable fees must be collected at the time of submission of the application. If a permit is approved, the remainder of the fee must be paid at the time the permit is picked up.

3. Plans

The PERMITTEE must attach four complete sets of detailed plans, drawings or maps for each permit, with additional sets required if construction is scheduled at night and/or FHWA approval is required. Permits (except Category III, i.e., residential driveways and minor improvements, at the discretion of the District Engineer) will not be processed without detailed plans reviewed and stamped by a Licensed Engineer in the State of Nevada. The plans, at the discretion of the District Engineer, must, at a minimum, show:

A. The highway alignment, including centerline, and right-of-way lines, mileposts and highway NDOT engineering stationing, in relation to the proposed work;

B. Color coding (with legend) showing the facilities to be installed (red), removed, abandoned and/or adjusted (green), and existing facilities (blue);

C. Directional orientation, i.e., north arrows, tangent bearings, etc., drawn to engineering or architectural scale;

D. Vicinity Map (location sketch) with section, township and range for proposed work;

E. Highway right-of-way widths, boundaries, relevant property lines, adjacent and opposite property approaches and significant topographic features;

F. Profile or cross section drawings indicating the proposed overhead utility or underground utility or drainage installations in relation to the highway.

4. Traffic Control Plan

A traffic control plan, at the discretion of the District Engineer may be required. A traffic control plan must be submitted prior to commencement of work when one is required. The traffic control plan must show the location of signs, barricades, certified flaggers, lane restrictions, hours of operation and other pertinent devices to protect the motoring and pedestrian traffic during construction in accordance with the Department Standard Plans, MUTCD, and as required by the District Engineer. The traffic control plans will be prepared and signed by American Traffic Safety Services Association Traffic Control Supervisor or a Professional Traffic Operations Engineer,

- 9 -

Certified by the Institute of Transportation Engineers who will include his certification number.

Guidelines for submittal of Traffic Control Plans are as follows:

A. The Traffic Control Plan will be of an adequate size and quality to clearly show:

1) Driveways, alleys, cross streets, sidewalks, parking areas, parking meters and other roadway features which may be affected by the traffic control devices;

2) Lane configurations of the affected streets and driveways including dimensions such as lane widths, left turn pocket lengths, etc;

3) Posted speed limits;

4) Existing traffic control devices;

5) Traffic control plans need not be drawn to scale but must include dimensions of all aspects of traffic control including, but not limited to, construction area, transition areas, delineator spacing, sign spacing and lane widths;

6) The permit number (if applicable);

7) The traffic control plan shall include "UTILITY WORK AHEAD" signs on all permits associated with utility installation.

B. The Traffic Control Plan will include the name and phone number of a responsible person who will be available twenty-four (24) hours a day, seven (7) days a week to correct any deficiencies.

5. Traffic Impact Study

A traffic impact study is required for all driveway and/or street permits, which serve major traffic generators, in accordance with the Department's Access Management System and Standards.

The Traffic Impact Study for major traffic generators (100 or more vehicles per hour {vph} generated during peak hours) will be required and will contain the requirements set forth in Appendix "A," which is made a part hereof.

Those developments that generate less than 100 vph and contribute to congested or high accident areas may be required, at the discretion of the District Engineer, to complete a Traffic Impact Study, which will contain the requirements set forth in Appendix "A".

The study will be prepared by and contain the seal of a Licensed Engineer.

6. Drainage Requirements

The Drainage Information Form in Appendix "B" must be submitted with the permit. A drainage report will be required for any development or construction impacting drainage within the highway right-of-way and must be prepared in conformance with the policies, criteria and guidelines outlined in the latest version of the Department's Drainage Manual, unless waived at the discretion of the District Engineer. The Department's Hydraulics section should be contacted early in the design process regarding any questions relating to drainage design issues affecting Department right-of-way.

It is the responsibility of the PERMITTEE to comply with the following from the Department's general drainage policy:

A. Existing natural and manmade drainage patterns within Department right-of-way shall be perpetuated to the extent possible;

- 10 -

B. Flows up to the 100-year event must not be diverted into or obstructed from leaving

Department right-of-way. This includes flows generated outside and within Department right-of-way;

C. Department right-of-way must be protected from potential storm water damage due to the encroachment/development;

D. The encroachment/development shall not unreasonably increase the rate of flows entering Department right-of-way;

E. Construction of hydraulic facilities within Department right-of-way is not allowed unless direct benefit to Department and the general public is demonstrated by the

PERMITTEE;

F. The encroachment/development drainage design shall have no adverse hydraulic impact to Department right-of-way or to the traveling public;

G. Construction of new facilities or modification of existing drainage structures within

Department right-of-way shall be in compliance with current Department Standard Plans and Specifications;

H. Proposed drainage facilities shall not be in conflict with applicable FEMA regulations or with existing and proposed local drainage master plan facilities;

I. Existing drainage facilities shall not be decreased in size;

J. Permanent utility service pipes (see Section IV, 1) shall not be placed inside culverts used as drainage structures. Temporary service pipe(s) (which will remain in place less than six months) will only be allowed inside culverts insofar as significant drainage concerns do not result;

K. Design of new facilities shall consider potential impacts of future development of the contributing basin. The drainage design and runoff calculations for any facilities located within Department right-of-way shall meet current Department drainage policies, criteria and guidelines. With adequate written justification, it may be acceptable to follow locally developed and adopted drainage design criteria in lieu of Department criteria. Local community criteria may only be used for Department roadways classified as "Other Principal Arterial" or lower and with the approval of the Department Chief Hydraulic Engineer.

Peak flow rates to Department drainage facilities shall be determined for pre- and post-development conditions. The encroachment/development shall not increase flows to Department facilities up to the facility design return frequency (see Department Drainage Manual) unless it is demonstrated that Department facilities are capable of handling the increased flow rates and neither the Department nor adjacent property owners are adversely impacted as a result of increased flows.

Onsite detention is recommended. It must also be demonstrated that the encroachment/development will not substantially aggravate 100-year flow conditions within Department right-of-way.

Mitigation must be provided as necessary.

The Department reserves the right to modify or revise drainage policy and encroachment permit application terms and conditions as necessary.

6.1 Drainage Report

A completed Drainage Information Form (see Appendix "B") shall be submitted with all Department right-of-way encroachment permit applications. This form must be signed and sealed by a Licensed Engineer. This form serves as a conceptual drainage study and will guide the

- 11 -

PERMITTEE to determine if a comprehensive drainage study is needed for the encroachment.

A report including stamped final plans and drainage calculations shall be submitted for any development or construction that impacts flows to or within Department right-of-way.

The drainage report shall include the following:

1) Department Drainage Information Form;

2) A general statement explaining the nature of the encroachment, it's impacts to

Department right-of-way, and the reason for the proposed encroachment;

3) Analysis of pre and post-development drainage conditions within the development and Department right-of-way supported by any necessary calculations and figures;

4) Hydrologic analysis for the drainage basin(s) that impacts the proposed development/encroachment and Department right-of-way, including a table comparing pre- and post-development flow conditions in Department right-of-way;

5) Hydraulic analysis for all hydraulic appurtenances within the development that will impact Department right-of-way;

6) Hydraulic analysis for all existing hydraulic appurtenances within Department right-of-way impacted by the development/encroachment, including a table comparing the performance of these facilities for pre- and post-development flow conditions;

7) Impacts of development/encroachment on properties upstream and downstream of

Department right-of-way;

8) Impacts of development/encroachment on existing and planned regional drainage facilities (if any);

9) Applicable design procedures and criteria;

10) Existing Department contract plan sheet(s) highlighted showing location of encroachment with Department right-of-way clearly identified;

11) Final plans including grading (existing and proposed topography extending a minimum 100 feet past the project limits) and drainage plans and special details for any nonstandard facilities.

The submitted report shall include assumptions, discussions, calculations, plans, special details, and other pertinent information leading to the design of proposed channels, culverts, detention basins, bridges, and other drainage structures within or affecting Department right-of-way.

The consultant is responsible for verification and acceptance of all background information, design calculations, and conclusions included in the drainage report.

The report must be signed and sealed by a Licensed Engineer registered in the state of Nevada.

7. Cultural Resources Survey

Those encroachments requiring compliance with cultural resources preservation regulations must have a cultural resource survey and/or project effect recommendations attached to the permit.

The Department's District offices have a listing of those portions of the existing right-of-way, which have been surveyed for cultural resource sites. The Department's Chief Archeologist is available to assist with the compliance process.

- 12 -

8. Approval from Other Public Agencies

The PERMITTEE, in addition to obtaining the Right-of-Way Occupancy Permit, must also obtain any and all other permits required by Federal and State law or local ordinances.

PERMITTEE will obtain and abide by any and all environmental permits applicable under, but not limited to, the "Clean Air Act", the "Clean Water Act" and "Endangered Species Act".

- 13 -

III GENERAL PROVISIONS

1. Acceptance of Provisions and Completion Time

The performance of ANY work contemplated by this permit will constitute an acceptance by the PERMITTEE of ALL the provisions and terms of this permit and ALL work will be prosecuted diligently. ALL work authorized by this permit will be completed within one year from the date of issuance hereof, or this permit will be revoked; except upon written request, the PERMITTEE may be given, at the discretion of the District Engineer, an extension.

2. Permittee Will Be Liable for Damages

Subject to and including NAC 408.4418 and 408.442, the PERMITTEE shall indemnify, defend and save harmless the State of Nevada, its agencies, its officers, employees, agents, and contractors (hereinafter “INDEMNITEES) from and against any and all demands, liens, liabilities, actions and causes of actions, suits for damages, at law or in equity, claims of any character, liability, loss, damage, costs, attorneys’ fees and expense which the INDEMNITEES may incur, suffer, or be required to pay by reason of, and or based upon, death, disease, or bodily injury to any person or persons, or injury to, destruction of, or loss of use of any property, real or personal, including property belonging to the State of Nevada, arising out of or incident to activities contemplated by or performed under this permit due to any error, negligence, act or omission of the PERMITTEE, including but not limited to, any negligent operation of the PERMITTEE, any defective materials, any negligent safeguarding of work and/or any negligent design of the permitted work, even if proximately caused, in whole or in part, by any act , omission, or negligence of the INDEMNITEES, unless it is established by the PERMITTEE, in a court of competent jurisdiction, that the proximate cause was the willful misconduct or gross negligence of the INDEMNITEES. The sums for which the PERMITTEE indemnifies INDEMNITEES, in the event of any claim or action, shall include, but is not limited to, the amounts of any judgment, settlement, court costs, litigation expenses, witness fees, expert witnesses fees, and attorney fees.

3. Subject to Prior and Subsequent Permits and Department Projects

This permit is issued subject to all prior valid and existing permits (whether constructed or not), agreements, contracts, leases, licenses, liens, reservations, conditions, encumbrances, or claims of title which may affect the property covered by this permit whether of record or not, and PERMITTEE is responsible for obtaining the consent of the underlying fee owner in the event the Department does not own the full fee simple interest in the right-of-way.

Any delay in the prosecution of work under this permit and the subsequent conflict with another permit within the same area will be the sole responsibility of the PERMITTEE. The Department will make every attempt to identify such permitted work which may be ongoing, however, any adjustments to facilities previously installed or which may be under construction by reason of other permits issued thereafter or simultaneously thereto will be the sole responsibility of the PERMITTEE and the Department assumes no responsibility therefore.

It is imperative that PERMITTEE investigates and reviews any projects underway, planned, or contemplated by the Department or other entities authorized by or working in conjunction with the Department in or near the proposed permit work. Any costs associated with any conflict related thereto will be borne by the PERMITTEE.

- 14 -

4. Revocation or Modification

The terms, conditions, and general provisions of this Right-of-Way Occupancy Permit are revocable, or subject to modification or abrogation by the State of Nevada, at any time, without prejudicing any prior rights, including those evidenced by any joint-use agreements, franchise rights, or reserved rights for operating purposes in a grant of a highway easement. In the event of revocation, the PERMITTEE will, at the direction of the District Engineer, remove any or all encroachments installed or constructed pursuant to this Right-of-Way Occupancy Permit, and will restore the right-of-way to a safe condition.

At any future date should the highway need to be modified or if it be modified, the Permittee may be required to bear any cost to potholing, relocation or damages to facilities.

5. Plan Changes

The PERMITTEE must obtain prior written approval from the District Engineer before making any changes to the approved plans (including the additional terms and conditions) and/or method. Should any change in the plans be approved, the PERMITTEE will submit revised drawings, in quadruplicate, delineating the change within thirty (30) days after the date of approval of the change.

6. Permit Transfer

PERMITTEE may not transfer, convey, or assign this permit, or any privilege or responsibility contained herein pertaining to actual work to be accomplished within the right-of-way without prior written approval of the Department. PERMITTEE will insure that the continuing responsibility for the upkeep and repair of any facility erected or installed in connection with this permit will be transferred to PERMITTEE's successors in interest or assigns. PERMITTEE is solely responsible for performance of the work authorized herein.

7. No Precedent Established

Right-of-Way Occupancy Permits are issued with the understanding that any particular action will not be considered as establishing any precedent on the question of the expediency of permitting any kind of right-of-way occupancy to be erected within the right-of-way of state highways, or as to any utility or the acceptability of any such permits as to any other or future situations.

8. Notice Prior to Starting Work and Notice of Completion

The PERMITTEE will notify the District Engineer two (2) working days prior to commencing work. The PERMITTEE will immediately notify the District Engineer upon completion of work.

9. Location of Utilities

PERMITTEE will arrange to have any and all utilities located within the construction area by contacting the "one-call" location service "UNDERGROUND SERVICE ALERT" (USA) at 1-800-227-2600, at least two (2) working days prior to commencing work hereunder. It is the sole responsibility of the PERMITTEE to locate (using Underground Locating Services where necessary), adjust or relocate utilities, which may conflict with the PERMITTEE's proposed work. All costs in conjunction therewith are the sole responsibility of the PERMITTEE. Please note: Local governmental entities, state agencies and some smaller utility companies may not subscribe to

"UNDERGROUND SERVICE ALERT".

PERMITTEE will contact any and all railroad entities (e.g. Union Pacific Railroad Company

- 15 -at 1-800-336-9193 or www.uprr.com) when the anticipated work is within their respective railroad rights-of-way.

10. Working Days

No work will be performed by the PERMITTEE on Saturdays, Sundays, or holidays (including those holidays observed by the state as listed in the Standard Specifications for Road and Bridge Construction) or during hours of darkness unless required by the Department and with the prior written approval of the District Engineer when for the convenience of the PERMITTEE.

11. Posting Permit

The Right-of-Way Occupancy Permit which includes the approved Traffic Control Plan, if applicable, will be kept at the site of the work at all times and must be shown to any representative of the Department of Transportation or any law enforcement officer on demand. WORK WILL BE

SUSPENDED IF THE PERMI T, CONSTRUCTION AND TRAFFIC CONTROL PLANS ARE NOT

AT THE JOB SITE AS PROVIDED.

12. Inspection and Approval by Department

A final inspection of the work accomplished by the PERMITTEE may be performed by the District Engineer to insure that the PERMITTEE has complied with the terms and conditions of this permit.

Periodic inspections by the District Engineer during the progress of work may be made to insure conformance to the Department's standards and those specified by this permit. If the periodic inspection shows that the work performed under the permit does not conform to the permit requirements, the District Engineer has the authority to demand that the items not conforming be immediately corrected, or to require that work on the job site within the highway right-of-way be immediately suspended until the problems concerning the items which are not conforming are resolved.

13. Expense of Inspection

For complex or extensive work under this permit, the Department may require full-time inspectors and/or engineers to observe the progress of work in its entirety. In such case, the PERMITTEE agrees to compensate the Department for the direct and indirect costs of inspection, such as but not limited to, wages, mileage, per diem and overhead costs incurred by said inspectors and/or engineers in connection with such inspection.

14. Standards of Construction

All work performed under this permit and under routine and emergency maintenance will be in accordance with the current editions of the State of Nevada, Standard Specifications for Road and Bridge Construction, the Standard Plans for Road and Bridge Construction, National Electrical Safety Code, AASHTO's "A Guide for Accommodating Utilities within Highway Right-of-Way ", and "A policy on the Accommodations and Installation of Utilities on State and Federal-Aid Highways within the State of Nevada", and will be accomplished to the satisfaction of the District Engineer.

All construction will be in conformance with the requirements, rules, and regulations of the Nevada Public Utilities Commission, the State Industrial Insurance System and the State Labor Commission.

Copies of all applicable Standard Plans and Specifications are available for purchase at the district offices.

15. Open Trenches, Pits and Vertical Pavement Drop-offs

- 16 -

The PERMITTEE will not allow trenching or excavation within the roadway clear zone unless protected by an NDOT approved physical barrier. In addition, all trenches within the right-of-way to remain open in any instance during the non-working hours in urban settings must be protected by pedestrian fencing. Steel plating or other suitable material may be approved at the discretion of the District Engineer.

16. Storage of Material

The PERMITTEE shall not allow excavated material, equipment, and materials to remain upon the right-of-way during non-working hours. All signs, barricades, cones and other devices used for traffic control shall be removed from the roadway, sidewalks, and medians when work is not in progress, unless required for safety measures. The PERMITTEE shall be responsible to insure that all such equipment and materials are safely situated, after each work shift, no less than thirty (30) feet from the outside edge of the traveled way and no less than fifteen (15) feet outside the back face of the curb, whichever meets the requirements of the AASHTO Roadside Design Guide or the District Engineer.

17. Care of Drainage

Construction grading shall be performed by the PERMITTEE in such a manner that the roadway drainage ditch or any natural water course, which feeds existing drainage facilities, will not be blocked or the free flow hindered at any time. Should the necessity arise to accommodate drainage water, culvert pipe of the size and length and at the location prescribed by the District Engineer shall be installed by the PERMITTEE. The PERMITTEE shall implement Best Management Practices to minimize erosion and discharge of sediments and pollutants into and from NDOT right-of-way during construction. The Department's Construction Site Best Management Practices Handbook or local criteria should be consulted for guidance.

18. Permittee Shall Patch Pavement and Maintain Patches

PERMITTEE shall replace all removed pavement daily with materials approved by the District Engineer, and shall place the final pavement course within seven (7) calendar days.

RESTORED PAVED AREAS SHALL BE MAINTAINED BY THE PERMITTEE UNTIL SUCH

TIME AS THEY ARE OVERLAID OR RECONSTRUCTED BY THE DEPARTMENT. In the event of settlement in the area of the patched surface, the District Engineer may require the PERMITTEE to repair the disturbed area to correct the problem. Failure by the PERMITTEE to do so may result in necessary replacements and repairs by the Department or its contractors, in which case, the PERMITTEE shall reimburse the Department for the actual direct and related indirect costs incurred by the Department in performing the replacement or repairs.

- 17 -

19. Removal or Trimming of Trees and Damage to Tree Roots

The PERMITTEE shall not cut, trim, mutilate, remove, or disturb in any manner, brush, shrubs, trees, or other flora now located within the highway right-of-way, and/or highway planting easement, or which hereafter may be planted or grown therein, except as approved or directed by the District Engineer and/or the Director. Any vegetation destroyed shall be replaced at no cost to the Department.

No tree roots over two (2) inches in diameter shall be cut when trenching or other underground work is necessary adjacent to roadside trees. The roots that are two (2) inches or more in diameter shall be carefully tunneled under and wrapped in burlap and kept moist until the trench is refilled. Trenching machines may not be used under trees if the trunk or limbs will be damaged by their use. If the trees involved are close together and of such size that it is impractical to protect all roots over two (2) inches in diameter, special arrangements may be made whereby pruning of the treetops to balance the root loss can be done by the PERMITTEE under the close supervision of the District Engineer. Manholes shall not be installed within twenty (20) feet of any tree trunk.

20. Damage to Highway Property

Any highway appurtenances, including fences, disturbed or destroyed by reason of this permit shall be restored to equal or better condition by PERMITTEE. The entire work area within the right-of-way shall be cleared of construction debris and restored to its original condition prior to acceptance of the work by the District Engineer.

PERMITTEE shall be responsible for maintaining the integrity of the roadway surface. Dust, dirt, mud, gravel, etc. carried onto the roadway surface shall be cleaned off at regular intervals (at least daily) or as requested by District Engineer or his designee. Failure to do so may result in the Department having the roadway cleaned and the cost of the clean up billed to the PERMITTEE.

21. Contamination

PERMITTEE shall ensure that upon completion of their construction, that all waste and contaminations whether hazardous or non-hazardous, in the soil or groundwater are cleared and removed to the standards set by federal and state agencies having jurisdiction, e.g., EPA, NDEP, etc.

Any future discoveries of contamination or waste shall be the PERMITTEES’ sole responsibility and PERMITTEE shall indemnify, defend and hold the Department harmless in any action for damages caused by delays, which may arise out of this situation.

PERMITTEE agrees to notify the Department immediately upon the discovery of hydrocarbon or other hazardous substances within the Department's rights-of-way. PERMITTEE shall immediately cease construction operations under these circumstances until further notice from the Department. Where the discovery of the hydrocarbons or hazardous materials does not require the immediate notification of federal, state or local agencies, e.g. EPA, NDEP, etc., PERMITTEE may delay notifying such agencies until the latest possible date, however, this provision does not relieve the PERMITTEE of its duty to immediately notify the Department and to cease operations.

The discovery of hydrocarbons or other hazardous substances within the Department's rights-of-way and the cessation of work associated therewith shall not create any liability for the Department for damages due to delays caused the by PERMITTEE or its contractors. PERMITTEE shall indemnify, defend and hold the Department harmless in any action for damages caused by delays, which may arise out of this situation.

22. Survey Markers

Any permanent survey or right-of-way marker or monument disturbed or obliterated in

- 18 -construction of the right-of-way occupancy must be permanently re-established by a Nevada Professional Land Surveyor (PLS) and a record made thereof and provided to the Department. Re-establishment of marker/monument shall be done following the procedures outlined in the Department's "Special Instructions for Survey, Mapping or GIS Consultants" and in accordance with Nevada Revised Statutes. Permittee shall coordinate relocation of disturbed survey monuments with the Chief Land Surveyor of the NDOT Location Division.

23. Permittee Shall Be Responsible for Maintenance

The PERMITTEE agrees, by accepting this permit, to properly maintain and repair any structure, curb, gutter and sidewalk, driveway, utility, or other encroachment constructed or placed within the right-of-way of any state highway, and to inspect the area included by the permit at reasonable intervals to determine that necessary maintenance is performed in a timely manner.

PERMITTEE understands and agrees that this maintenance responsibility shall continue until this permit is revoked or until the PERMITTEE removes the encroachment, and restores the right-of-way to a safe condition.

PERMITTEE understands and agrees that the District Engineer may require the PERMITTEE to make needed repairs or properly maintain the encroachment. Failure by the PERMITTEE to do so may result in necessary repairs or maintenance by the Department, in which case, the PERMITTEE shall pay the Department for the actual direct and related indirect costs incurred by the Department in performing the repairs or maintenance.

24. Emergency Repairs

Any PERMITTEE who lawfully maintains a right-of-way occupancy in, under, or over any state highway may enter in or upon any state highway right-of-way to perform emergency repairs on PERMITTEE's facilities. PERMITTEE shall notify the District Engineer, within twenty-four (24) hours or by 9 a.m. of the next business day whichever is sooner, of any emergency repairs, and shall immediately send a confirming letter to the District Engineer stating the nature of the emergency and the work completed. When such emergencies disrupt or in anyway interfere with the traveling public, PERMITTEE shall immediately notify the local law enforcement agencies.

PERMITTEE may make emergency repairs by excavating through improved surfaces only when breaks in the lines, conduits or cables under the pavement present a hazard to traffic or any interruption of essential service. Backfill and pavement replacement shall be performed in accordance with the Standard Specifications for Road and Bridge Construction.

- 19 -

25. Control of Access Highways

Access for any maintenance shall not be allowed within the control of access of a controlled access highway without providing at least two (2) working days notice to the District Engineer. In the case of emergency repair involving control of access highways, the PERMITTEE shall immediately correct the problem and notify the District Engineer of the action taken as soon as practicable.

Longitudinal installation of utilities will not be permitted (except as provided in

NAC 408.438 through 408.4424) within the control of access of any highway except in special cases, longitudinal installations may be permitted under strictly controlled conditions. In these special cases, the utility owner must demonstrate that:

A. The facility will not adversely affect the safety, design, construction, operation, maintenance or stability of the highway;

B. The facility will not be constructed, maintained, or serviced by direct access from travel lanes or connecting ramps of the highway;

C. The facility will not interfere with or impair the present use or future expansion of the highway;

D. Any alternative location would be contrary to the public interest. This determination would include an evaluation of the direct and indirect environmental and economic effects, which would result from the disapproval of the use of such right-of-way for the accommodation of such utility. The evaluation shall demonstrate that:

1) Placing the facility outside that part of the freeway where access is controlled would damage or disrupt wetlands, remove agricultural lands used for the production of crops; or no other practical alternative is available and the right-of-way for the highway upon which the facility is located is not expected to be used for expansion of the highway; or

2) A private utility corridor is not available or attainable, or a private corridor is prohibitively expensive, or the costs of construction in such private corridor would be prohibitively expensive; and

3) The utility facility benefits the public who are also users of the highways;

Even when one of the above exceptions is demonstrated, the Department will:

a. approve only facilities, which require limited and infrequent maintenance; or

b. deny approval of any facility from which service connections will be made except, for a facility which is used exclusively by the Department.

- 20 -

26. Permittee shall be Responsible for Costs of Enforcement

PERMITTEE agrees to pay all necessary expenses, including reasonable attorneys' fees, incurred by the Department to enforce any provisions of this permit.

27. Bonding Requirements

A performance bond (see Appendix "C" which is made a part hereof) will be required for Permit Category IV and V in a sum equal to 110% of the amount of the engineer's estimate for the work within state right-of-way, to ensure the successful and timely completion of improvements as a guarantee that the PERMITTEE will complete the work in accordance with the terms of the permit.

The bonds shall be on the form provided and shall be written by a surety approved by the Insurance Commissioner of the State of Nevada. The District Engineer may require a performance or cash bond for other types of permits. Performance bonds provided to other public agencies may be used in lieu of this requirement at the discretion of the District Engineer. Evidence of this bond should be submitted with permit.

28. Mailboxes

Mailboxes may be allowed in the right-of-way but must meet the conditions specified in AASHTO's publication "A Guide to Erecting Mailboxes on Highways". A permit may be required for mailboxes not meeting this guide.

- 21 -

IV UNDERGROUND FACILITIES

1. Crossing Roadway

Pipes shall be installed by jacking, boring or otherwise forcing underneath a pavement without disturbing the roadway structural section.