C.R.S. Section 43-1-1411
Project specific utility relocation agreements

(1)

Notwithstanding any other provision of law, if a utility company enters into a project specific utility relocation agreement with the department, the department may:

(a)

Pay for the performance of the design work to relocate a utility company’s facilities that are affected by the scope of the design-build transportation project;

(b)

Advance funds for the performance of the construction work to relocate a utility company’s facilities affected by the scope of the design-build transportation project; except that any advance of funds pursuant to this paragraph (b) shall be subject to full repayment by the utility company with interest based on the cost incurred by the department for advancing the funds; and

(c)

Perform any utility relocation work through the contractor for the design-build transportation project in accordance with the utility company’s specifications for the relocation work and subject to the utility company’s prior review and written approval of the relocation work to assure that the work meets the quality standards and construction methods of the company. The performance of any relocation work shall also be subject to inspection and approval by the utility company, during the performance of the work and prior to completion of the relocation work, and the department shall take appropriate measures to ensure service continuity.

(2)

It is the intent of the general assembly that the department work with the utility company to come to a mutually satisfactory agreement with the utility company so that the design-build transportation project may proceed to be constructed in an efficient manner without causing interruption of utility services. If the utility company is unable to reach a project specific utility relocation agreement with the project manager negotiating such agreement for the department, the utility company shall be provided the opportunity to address its concerns with the department’s district engineer, who shall give due consideration to all issues raised by the utility company and shall strive to accommodate reasonable modifications requested by the utility company to the department’s proposed project specific utility relocation agreement. If an agreement cannot be reached between the district engineer and the utility company, the executive director of the department shall review the disputed issues and seek to resolve the dispute. If the executive director is unable to reach agreement with the utility company, the executive director shall prepare a written report setting forth the reasons that the dispute could not be resolved and shall provide such report to the utility company within three business days.

(3)

For any utility company that chooses not to enter into a project specific utility relocation agreement with the department for the performance of utility relocation work:

(a)

The department may direct the utility company to perform or allow the performance of the utility relocation work within the performance schedule for the design-build transportation project;

(b)

The utility company shall pay for damages caused by the company’s delay in the performance of the utility relocation work or interference with the performance of the design-build transportation project by other contractors, including, but not limited to, payments made by the department to any third party based on a claim that performance of the design-build transportation project was delayed or interfered with as a direct result of the utility company’s failure to timely perform the utility relocation work; except that damages resulting from delays in the performance of the utility relocation work caused by a force majeure shall not be charged to the utility company; and

(c)

The department may withhold issuance of a permit for the location or installation of other facilities to a utility company until the company pays the department damages caused by the company’s delay in the performance of the relocation work or interference with the performance of the design-build transportation project by any other contractor. Any person aggrieved by an action of the department in denying a permit may apply to a court of competent jurisdiction for appropriate relief pursuant to the Colorado rules of civil procedure or section 24-4-106, C.R.S.

(4)

The department shall provide written notice to any utility company of a design-build transportation project that will require the relocation of the company’s facilities as soon as practicable following the environmental clearance for the project. The notice shall include all available and relevant information concerning the project, including the performance schedule for the project within which the utility relocation work must be completed in order to coordinate with and avoid delay in the performance of the project.

(5)

When feasible, the department shall provide a replacement easement for a utility company whose facilities are to be relocated from an easement owned by the utility company to accommodate a design-build transportation project, and the department shall condemn the replacement easement when necessary. If no replacement easement is provided, the department shall fund the initial relocation of the easement owner’s facilities and shall also fund all future relocations of those utility companies whose facilities occupy the easement at the time of the design-build transportation project at the department’s sole expense in lieu of compensating the utility companies for the loss of the easement. The utility company shall quitclaim to the department that portion of the easement that is replaced or extinguished.

(6)

Nothing in this section or in section 43-1-1412 shall change the authority, rights, responsibilities, or obligations of the department or of any owner of real or personal property in an eminent domain proceeding or any existing statutory or case law applicable to eminent domain proceedings.

Source: Section 43-1-1411 — Project specific utility relocation agreements, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-43.­pdf (accessed Oct. 20, 2023).

43‑1‑101
Legislative declaration 43‑1‑102
Definitions 43‑1‑103
Department created - executive director 43‑1‑104
Department divisions, sections, and units 43‑1‑105
Powers and duties of the executive director 43‑1‑106
Transportation commission - efficiency and accountability committee - powers and duties - rules - definitions 43‑1‑107
Duties of deputy director 43‑1‑108
Transfer of functions, employees, and property - contracts 43‑1‑109
Chief engineer 43‑1‑110
Powers and duties of the chief engineer - hearings - rule-making 43‑1‑111
Engineer to acquire property 43‑1‑112
Legal services 43‑1‑112.5
Establishment of annual allowable revenues and expenditures by general assembly 43‑1‑113
Funds - budgets - fiscal year - reports and publications 43‑1‑113.5
Creation and administration of transportation infrastructure revolving fund 43‑1‑114
Highway maintenance division - creation 43‑1‑115
Transportation data collection 43‑1‑116
Engineering, design, and construction division - created - duties - environmental justice and equity branch 43‑1‑117
Transportation development division - created - duties - freight mobility and safety branch - repeal 43‑1‑117.5
Transit and rail division - created - powers and duties - pilot project to expand transit - report - repeal 43‑1‑118
Employees - duties 43‑1‑119
Applications for licenses - authority to suspend licenses - rules 43‑1‑120
Bicycle and pedestrian policy - codification - legislative declaration 43‑1‑121
Interstate 70 mountain corridor - recommendation regarding short-term mobility solutions 43‑1‑122
Removal of graffiti from departmental facilities - memorandums of understanding 43‑1‑123
Project closure and project reporting requirements 43‑1‑124
Study of transportation commission districts 43‑1‑125
Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition 43‑1‑126
Public awareness of laws concerning operation of vehicle in vicinity of emergency vehicle 43‑1‑127
Registration of carpooling service internet applications - limitations - disclosure - definitions 43‑1‑128
Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions 43‑1‑129
Road usage charge study - report - repeal 43‑1‑130
Autonomous motor vehicles study - report - repeal 43‑1‑131
Transportation planning study - report - rules 43‑1‑201
Short title 43‑1‑202
Public highways or roads 43‑1‑202.5
Public rights in roads - transfer of right-of-way 43‑1‑202.7
Recording of documents vacating or abandoning a roadway 43‑1‑203
Definitions 43‑1‑204
State highway 43‑1‑205
Offices 43‑1‑207
Petition for acceptance of road as state highway 43‑1‑208
State highway - damages - eminent domain 43‑1‑209
Subsurface support deemed acquired 43‑1‑210
Acquisition and disposition of property - department of transportation renovation fund 43‑1‑210.5
Rights-of-way use by adjacent landowners 43‑1‑211
Department to acquire land - buildings 43‑1‑212
Department - rental agreements 43‑1‑213
Fees and taxes - not reduced 43‑1‑214
Property exempt from taxation 43‑1‑215
Agreements enforceable 43‑1‑216
Notices and tenders by mail 43‑1‑217
Inclusion of streets in highways 43‑1‑218
State and school lands 43‑1‑219
State highway fund - created - state supplementary fund - created 43‑1‑220
Sources of funds - assumption of obligations 43‑1‑221
Proceeds from sale of bonds 43‑1‑222
Cash available for small payments 43‑1‑223
Supervision of construction 43‑1‑224
Cooperation with federal departments 43‑1‑225
Power of transportation commission - relocation of utility facilities - payment of cost 43‑1‑226
Legislative declaration 43‑1‑227
Ten-year plan reporting requirements 43‑1‑401
Short title 43‑1‑402
Legislative declaration 43‑1‑403
Definitions 43‑1‑404
Advertising devices allowed - exception - legislative declaration 43‑1‑405
Informational sites authorized 43‑1‑406
Bonus areas 43‑1‑407
Permits 43‑1‑408
Application for permit - contents - rules 43‑1‑409
Permit term - renewal - fees 43‑1‑410
Denial or revocation of permit or renewal 43‑1‑411
Issuance of permits prohibited - when 43‑1‑412
Notice of noncompliance - removal authorized 43‑1‑413
Nonconforming advertising devices 43‑1‑414
Removal of nonconforming devices 43‑1‑415
Administration and enforcement - authority for agreements - rules 43‑1‑416
Local control of outdoor advertising devices 43‑1‑417
Violation and penalty 43‑1‑418
Outdoor advertising program cost recovery center 43‑1‑419
Scenic byways - Independence pass scenic area highway 43‑1‑420
Specific information signs and tourist-oriented directional signs authorized - rules 43‑1‑501
Legislative declaration 43‑1‑502
Definitions 43‑1‑503
Permits required - exceptions 43‑1‑504
Permits issued - when 43‑1‑505
Permit fees - expiration - renewal 43‑1‑506
Regulations 43‑1‑507
Judicial review 43‑1‑508
Violations - penalties 43‑1‑509
Screening - removal of existing junkyards 43‑1‑601
Transportation services for the elderly and for persons with disabilities 43‑1‑602
Department to promulgate rules 43‑1‑603
Participation of political subdivisions 43‑1‑701
Public transportation projects in nonurbanized areas 43‑1‑702
Rules and regulations 43‑1‑801
State rail plan - administration and implementation - local rail service assistance 43‑1‑802
Financing 43‑1‑803
Authority of executive director - acceptance and conveyance of donated railroad right-of-way - definition 43‑1‑901
Transit planning 43‑1‑902
Rules and regulations 43‑1‑1001
Urban mass transportation grants 43‑1‑1002
Rules and regulations 43‑1‑1101
Legislative declaration 43‑1‑1102
Definitions 43‑1‑1103
Transportation planning 43‑1‑1104
Transportation advisory committee 43‑1‑1105
Metropolitan planning commissions 43‑1‑1201
Definitions 43‑1‑1202
Department powers - definition 43‑1‑1203
Unsolicited and comparable proposals 43‑1‑1204
Public-private initiative agreement - definition 43‑1‑1205
Revenue - disposition - use 43‑1‑1206
Rules 43‑1‑1207
Applicability - public highway use by public and private entities 43‑1‑1209
Notice of investment opportunities 43‑1‑1301
Legislative declaration - intent 43‑1‑1302
Definitions 43‑1‑1303
Duties of the executive director - TLRC approval - property eligible for acquisition 43‑1‑1304
Notice of rail line or right-of-way availability 43‑1‑1305
Acquisition for state rail bank 43‑1‑1306
Disposition of state rail bank property 43‑1‑1307
Powers and duties of the TLRC concerning state acquisition of abandoned railroad rights-of-way 43‑1‑1308
Recommendations and findings of the TLRC 43‑1‑1309
State rail bank fund - creation 43‑1‑1310
Effect of transfer of railroad rights-of-way 43‑1‑1311
Survey required - railroad track removal 43‑1‑1401
Legislative declaration 43‑1‑1402
Definitions 43‑1‑1403
Authority to use a design-build contract process 43‑1‑1404
Criteria 43‑1‑1405
Public notice procedures 43‑1‑1406
General procedures 43‑1‑1407
Stipulated fee 43‑1‑1408
Commission approval required 43‑1‑1409
Rule-making authority 43‑1‑1410
Utility relocation - legislative declaration 43‑1‑1411
Project specific utility relocation agreements 43‑1‑1412
Utility relocation delays 43‑1‑1501
Definitions 43‑1‑1502
Provision of retail and commercial goods and services at transfer facilities on department property 43‑1‑1503
Department transfer facilities - provision of retail and commercial goods and services 43‑1‑1504
Possessory interests in transfer facilities - taxation 43‑1‑1601
Safe routes to school program 43‑1‑1602
Federal funds 43‑1‑1603
Use of funds 43‑1‑1604
Rules
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Current through Fall 2024

§ 43-1-1411’s source at colorado​.gov