Resolution 2012-64 - Laserfiche WebLink

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b) CDOT, in coordination and cooperation with Owner, shall identify and track the Relocation status of Owner's Utilities on a Utility matrix ("Utility Matrix"). Utility Matrices shall be updated by CDOT as Utilities are identified and Relocated and will reflect changes, clarifications, corrections or developments with respect to each Utility's conflict status. Updated Owner-specific Utility Matrices will be provided to Owner upon request. CDOT and Owner shall meet regularly to verify whether, based upon then-current Project Plans, a Utility requires Relocation and to determine the possibility of Relocating any Utility prior to notice of Project Commencement. If at any time a Utility Matrix provided to Owner fails to identify Owner utilities that Owner knows or should reasonably know may be in conflict with a Project, Owner shall notify CDOT of such unidentified Owner utility and provide all documentation with respect thereto, and the Owner utility will be added to the Utility Matrix. c) For any Discovery of utilities during construction that are not identified on documents provided to or in possession of CDOT, CDOT and the Owner shall confer within two working days of discovery to determine appropriate relocation procedures. d) Owner and CDOT will meet to confirm the conflict status of each of Owner's Utilities, which determination will be made by reference to the Relocation Standards. If a Utility is confirmed to be in conflict with the Project, CDOT and Owner shall coordinate to determine the nature of the Relocation required based upon the Relocation Standards, and CDOT shall update the Utility Matrix to reflect the recommended action and issue a Work Order. If CDOT, the Project Contractor and Owner each agree that a Utility is not in conflict with the Project, the Project Contractor and Owner shall execute a document for each such Utility affirming that the Utility is not in conflict ("No Conflict Close-Out Form"), the form of which is attached as Exhibit A. e) Populated Utility Matrices are informational documents utilized for CDOT's Utility tracking purposes only. Information contained in the Utility Matrix is non-binding until reflected on either an executed No-Conflict Close-Out Form or on an executed, mutually- agreed Work Order, which, in conjunction with the URA, serves as the binding documentation governing a Utility's Relocation status. All information contained in the Utility Matrix is subject to CDOT's receipt and review of documentation related to the Utilities. In addition, this URA is entered without prejudice to any aspect of any applicable environmental clearance process. All Project elements, including horizontal and vertical alignments, drainage, and right-of-way plans are subject to receipt of the environmental decision documents and any mitigation measures specified therein. 7) COST OF RELOCATION. a) Once a Utility is confirmed to be in conflict with the Project, the Parties shall, as soon as is reasonably possible and to the extent they have not already done so, exchange all documentation, including Utility Permits and/or Documentary Evidence, governing the location in question in order to determine the responsibility for the Cost of Relocation. If Owner submits Documentary Evidence to CDOT, CDOT shall have the right to utilize and have considered any additional documentation with respect to the claim that it obtains or has in its possession. The Parties shall mutually agree as to the nature of Owner's rights or, failing such agreement, shall treat the claim as a Dispute under Article 19. Page 8of21