Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 55 - POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES AND MISCELLANEOUS OPERATION › Section 734-055-0045 - Removal, Relocation or Repair

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The permit is issued pursuant to the law
			 of the State of Oregon which authorizes the Commission to subsequently require
			 applicant to remove, relocate or repair the facility covered by the permit at
			 the sole cost of applicant.
(2)
			 Upon receiving written notice from the Engineer to remove, relocate or repair
			 the said facility, applicant shall within 30 days or within the time frame
			 contained in the notice, provide to the Engineer its time estimated
			 requirements for accomplishing the directed action.
(3) The Engineer, after applicant has
			 provided its estimated time requirement for removal, relocation or repair of
			 said facility, may schedule a preconstruction meeting with all applicants and
			 affected contractors to coordinate the requested activity.
(4) The Engineer in a second notice shall
			 direct applicant, within a specified time frame and consistent with a
			 coordination plan, to complete the removal, relocation or repair of said
			 facility. The time frame outlined in the notice shall take into consideration
			 the applicant's estimated time requirements to accomplish the directed action.
			 Such removal, relocation, or repair shall be at applicant's sole cost in
			 accordance with said second notice and instructions received from the Engineer.
			 Before commencing said removal, relocation or repair, applicant shall furnish
			 such insurance and post such bond as the Engineer may consider necessary at
			 that time in the manner provided for in OAR 734-055-0035(1) and (2).
(5) Should applicant fail to remove, relocate
			 or repair the facility as provided in section (4) of this rule, the DM may
			 remove, relocate or repair same and submit a statement of total costs for this
			 work to applicant. Applicant upon receiving said statement will immediately, or
			 within a period of time agreed upon between applicant and Engineer, pay to the
			 Department the full amount of said removal, relocation or repair
			 costs.
(6) If the section of
			 highway in which applicant is required by the Engineer to remove, relocate or
			 repair a facility is or will be under construction or reconstruction or
			 improvement under a contract entered into between the Department and an
			 independent contractor and applicant's failure to remove, relocate or repair
			 said pole line, buried cable, pipe line, sign or miscellaneous facility within
			 the time specified in section (4) of this rule, or such other time as may be
			 specified by the Engineer, results in payment by Department to its contractor
			 of any claim for extra compensation for any work under said contract, applicant
			 shall be liable to the Department for payment of the amount paid to
			 Department's contractor as a direct result of applicants failure to comply with
			 the time requirements of the Engineer.
Stat. Auth.: ORS 184 & ORS 374
Stats. Implemented: ORS
				  374.305