Common use of Relocations in Right-of-Way Clause in Contracts

Relocations in Right-of-Way. The City shall allow TriMet participation in review and approval of utility relocation plans submitted by public and private utilities for the alignment area. The City shall also allow TriMet engineers or inspectors or consulting engineers or inspectors to inspect any relocation of utility conduits, lines, poles, mains, pipes, and other facilities in order to determine whether they have been relocated in accordance with the plans of the Project. The City, at TriMet's expense unless otherwise apportioned in this Agreement, shall relocate, cause to be relocated, or assist in the relocation of all City-owned conduits, lines, poles, mains, pipes, and other facilities, whether located within the public right-of-way or not, as required by the Project. The Project plans and specifications shall include all relocations necessary to conform facilities to the Project. The City shall endeavor to conduct this relocation work in accordance with the Construction Phasing/Scheduling Plan for the Project. In accordance with Portland City Code Chapter 17.56 Public Utilities, the City shall cause the owners of privately-owned utility conduits, lines, poles, mains, pipes, and other facilities in or on City rights- of-way and/or property to relocate their facilities at the expense of said privately-owned utility as necessary to conform to the Project. The City shall endeavor to cause this relocation work to be accomplished in accordance with the Construction Phasing/Scheduling Plan for the Project. The City agrees that refined 60% design plans will serve as the threshold after which TriMet may request private utility relocation. All Parties agree to work collaboratively to determine an appropriate point in the design process to move forward with private utility work. Should TriMet request private utility relocations in the right-of-way prior to receiving the FTA Small Starts Grant Agreement or obtaining a Public Improvement Construction Permit, TriMet, without cost to the City, shall be responsible for utility relocation expenses (that are not deemed a benefit to the public). Should private utility relocations be performed based on the refined 60% design plans or some other point prior to 100% issued for construction plan completion and subsequent relocation is required, all costs associated with this expense shall will be at TriMet’s expense and will not be the responsibility of the City.

Relocations in Right-of-Way. The City shall allow TriMet participation in review and approval of utility relocation plans submitted by public and private utilities for the alignment area. The City shall also allow TriMet engineers or inspectors or consulting engineers or inspectors to inspect any relocation of utility conduits, lines, poles, mains, pipes, and other facilities in order to determine whether they have been relocated in accordance with the plans of the Project. The City, at TriMet's expense unless otherwise apportioned in this Agreement, shall relocate, cause to be relocated, or assist in the relocation of all City-owned conduits, lines, poles, mains, pipes, and other facilities, whether located within the public right-of-way of-­way or not, as required by the Project. The Project plans and specifications shall include all relocations necessary to conform facilities to the Project. The City shall endeavor to conduct this relocation work in accordance with the Construction Phasing/Scheduling Plan for the Project. In accordance with Portland City Code Chapter 17.56 Public Utilities, the City shall cause the owners of privately-owned utility conduits, lines, poles, mains, pipes, and other facilities in or on City rights- rights-of-way and/or property to relocate their facilities at the expense of said privately-owned utility as necessary to conform to the Project. The City shall endeavor to cause this relocation work to be accomplished in accordance with the Construction Phasing/Scheduling Plan for the Project. The City agrees that refined 60% design plans will serve as the threshold after which TriMet may request private utility relocation. All Parties agree to work collaboratively to determine an appropriate point in the design process to move forward with private utility work. Should TriMet request private utility relocations in the right-of-way prior to receiving the FTA Small Starts Grant Agreement or obtaining a Public Improvement Construction Permit, TriMet, without cost to the City, shall be responsible for utility relocation expenses (that are not deemed a benefit to the public). Should private utility relocations be performed based on the refined 60% design plans or some other point prior to 100% issued for construction plan completion and subsequent relocation is required, all costs associated with this expense shall will be at TriMet’s expense and will not be the responsibility of the City. Bus Layover Relocation at North Terminus - When the Project begins start-up operations and if a permanent facility has not been identified and delivered, the City will allow temporary accommodations for up to six 40-foot buses (approximately 660 feet) to layover and/or stage in a designated location on NW Station Way between XX Xxxxxxxx and XX Xxxxxxx Court. TriMet temporary accommodations will be subject to terms of a separate street use agreement and include, but may not be limited to: buses shall not block City of Portland access to existing fire hydrants for fire and safety or water system maintenance purposes. TriMet will continue to work with the City to identify a permanent off-street facility for buses in this area. Until a permanent facility is identified and delivered, but not later than facility construction completion, TriMet will continue to use NW Station Way for bus layover and staging. As several challenges exist with a permanent off-street facility and limited space in the area, TriMet is pursuing an operational solution to reduce Portland layover needs for DTP. TriMet is now planning to pilot fallback schedules, so most DTP layovers will be in the city of Xxxxxxx and DTP would no longer require temporary layover use of NW Station Way. Parking removal will still be required on XX Xxxxxx between NW 5th and NW 6th as identified in the IFC plans. TriMet will continue to work with the City to identify permit or street use agreements required for the proposed solution.

Relocations in Right-of-Way. The City shall allow TriMet participation in review and approval of utility relocation plans submitted by public and private utilities for the alignment area. The City shall also allow TriMet engineers or inspectors or consulting engineers or inspectors to inspect any relocation of utility conduits, lines, poles, mains, pipes, and other facilities in order to determine whether they have been relocated in accordance with the plans of the Project. The City, at TriMet's expense unless otherwise apportioned in this Agreement, shall relocate, cause to be relocated, or assist in the relocation of all City-owned conduits, lines, poles, mains, pipes, and other facilities, whether located within the public right-of-way of-­way or not, as required by the Project. The Project plans and specifications shall include all relocations necessary to conform facilities to the Project. The City shall endeavor to conduct this relocation work in accordance with the Construction Phasing/Scheduling Plan for the Project. In accordance with Portland City Code Chapter 17.56 Public Utilities, the City shall cause the owners of privately-owned utility conduits, lines, poles, mains, pipes, and other facilities in or on City rights- rights-of-way and/or property to relocate their facilities at the expense of said privately-owned utility as necessary to conform to the Project. The City shall endeavor to cause this relocation work to be accomplished in accordance with the Construction Phasing/Scheduling Plan for the Project. The City agrees that refined 60% design plans will serve as the threshold after which TriMet may request private utility relocation. All Parties agree to work collaboratively to determine an appropriate point in the design process to move forward with private utility work. Should TriMet request private utility relocations in the right-of-way prior to receiving the FTA Small Starts Grant Agreement or obtaining a Public Improvement Construction Permit, TriMet, without cost to the City, shall be responsible for utility relocation expenses (that are not deemed a benefit to the public). Should private utility relocations be performed based on the refined 60% design plans or some other point prior to 100% issued for construction plan completion and subsequent relocation is required, all costs associated with this expense shall will be at TriMet’s expense and will not be the responsibility of the City. Bus Layover Relocation at North Terminus - When the Project begins start-up operations and if a permanent facility has not been identified and delivered, the City will allow temporary accommodations for up to six 40-foot buses (approximately 660 feet) to layover and/or stage in a designated location on NW Station Way between XX Xxxxxxxx and XX Xxxxxxx Court. TriMet temporary accommodations will be subject to terms of a separate street use agreement and include, but may not be limited to: buses shall not block City of Portland access to existing fire hydrants for fire and safety or water system maintenance purposes. TriMet will continue to work with the City to identify a permanent off-street facility for buses in this area. Until a permanent facility is identified and delivered, but not later than facility construction completion, TriMet will continue to use NW Station Way for bus layover and staging. As several challenges exist with a permanent off-street facility and limited space in the area, TriMet is pursuing an operational solution to reduce Portland layover needs for DTP. TriMet is now planning to pilot fallback schedules, so most DTP layovers will be in the city of Gresham and DTP would no longer require temporary layover use of NW Station Way. Parking removal will still be required on XX Xxxxxx between NW 5th and NW 6th as identified in the IFC plans. TriMet will continue to work with the City to identify permit or street use agreements required for the proposed solution.