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CMS No.: I3 11A a30
<br /> CDOT US 36 MANAGED LANE PROJECT—PHASE II
<br /> UTILITY RELOCATION AGREEMENT
<br /> This UTILITY RELOCATION AGREEMENT ("URA") is made and entered into, effective
<br /> as of the date of CDOT's signature, by and between the Colorado Department of
<br /> Transportation, a division of the State of Colorado created pursuant to the Transportation Act,
<br /> C.R.S. § 43-1-101, et seq., ("Department" or "CDOT" or "State"), the Colorado High
<br /> Performance Transportation Enterprise ("HPTE"), a government-owned business within CDOT,
<br /> created pursuant to pursuant to C.R.S. § 43-4-806, and the City of Louisville, a Colorado
<br /> municipal corporation ("Owner"). CDOT, HPTE, and Owner may hereinafter be referred to
<br /> collectively as "Parties" or individually as "Party."
<br /> RECITALS
<br /> WHEREAS, CDOT is authorized under C.R.S. § 43-1-101, et seq. to plan, develop,
<br /> construct, coordinate, and promote an integrated transportation system in cooperation with the
<br /> federal, regional, local and other state agencies;
<br /> WHEREAS, HPTE is authorized under C.R.S. §43-4-806, in part, to aggressively pursue
<br /> innovative means of more efficiently financing important surface transportation projects that will
<br /> improve the safety, capacity, and accessibility of the surface transportation system,
<br /> WHEREAS, CDOT and HPTE are authorized pursuant to C.R.S. § 43-1-1401 and § 43-
<br /> 4-806 to use a design-build selection and procurement process to provide the department of
<br /> transportation with a savings of time, cost, and administrative burden; improved quality
<br /> expectations with respect to the schedule and budget of transportation projects, as well as
<br /> completion of such projects; and a reduction in the risks associated with transportation projects,
<br /> including reduced duplication of expenses and improved coordination of efforts to meet the
<br /> transportation needs of Colorado;
<br /> WHEREAS, C.R.S. § 43-1-1411 authorizes CDOT to enter into project specific utility
<br /> relocation agreements on design-build projects;
<br /> WHEREAS, C.R.S. §43-4-806(6)(h) authorizes HPTE to make and enter into contracts
<br /> or agreements that are necessary or incidental to the exercise of its powers and performance of
<br /> its duties;
<br /> WHEREAS, HPTE proposes to construct, design, build, operate, maintain and finance
<br /> the project identified as the US 36 Managed Lane Project — Phase II ("Project"), in conjunction
<br /> with its partner CDOT, which will require certain utility relocation work;
<br /> WHEREAS, increased coordination between the Parties and prompt performance of
<br /> such utility relocation work within an adopted plan schedule is in the public interest and will
<br /> reduce delays and costs of construction for all Parties;
<br /> WHEREAS, HPTE authorizes CDOT and CDOT staff to act on its behalf in all manners
<br /> relating to this URA, including, but not limited to negotiating the cost of utility relocations,
<br /> negotiating terms of Work Orders, accepting utility work if applicable and negotiating disputes
<br /> and claims;
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