Resolution 2012-64 - Laserfiche WebLink

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i) The Cost of Relocation shall be presumed to be borne by CDOT per CRS 43-1-225 except where federal, state or local law requires that Owner pay the Cost of Relocation. b) Notwithstanding anything in this URA which may be interpreted to the contrary, if a Relocation of a Utility is required based upon information, surveys, plans or other information which is provided by a Party and the information is incorrect or revised causing additional Relocations of the same Utility (or any part thereof), the Cost of Relocation for the second and each subsequent Relocation will be paid by the Party that provided the incorrect information or caused the revisions necessitating the subsequent Relocation. c) Environmental Work. i) If Hazardous Materials contamination unrelated to Owner's utility facilities is discovered on the Project Site by the Constructing Party, the Constructing Party shall promptly notify the other Party of such Hazardous Materials contamination and shall cease all construction of Relocation at the location in question until such time as Environmental Work at that location has been completed. Owner shall not be responsible to conduct or pay the costs of Environmental Work, except as specifically prescribed in this Article 7(c). ii) Payment for costs incurred for any Environmental Work necessitated by the removal of intact Owner Utility materials that happen to contain or constitute Hazardous Materials will be specified in the individual Work Order pursuant to Article 10(a) herein. iii) In addition, to the extent that any Environmental Work is required to remediate Hazardous Materials contamination caused by (A) the construction, operation, or maintenance of Owner's Utility in its existing location and/or (B) negligent or willful acts or omissions of Owner or its Contractors in constructing the Relocation ("Excluded Environmental Work"), Owner shall be responsible for the costs of all such Excluded Environmental Work and may be required to undertake such Excluded Environmental Work. iv) Notwithstanding (i) through (iii), above, CDOT's signature on a Work Order shall constitute permission for Owner and its employees, agents, and Contractors to enter upon Project ROW or other CDOT property for the sole purpose of performing activities necessary to design the Relocation, including without limitation, surveying and potholing, but excluding boring, sampling or other testing, all subject to each of the terms and conditions contained in this URA. Permission for Owner or its Contractors to traverse the property of any other property owners or interest holders is the sole responsibility of Owner. v) CDOT shall extend the deadline for completion of Relocations effected by Hazardous Materials contamination while Environmental Work and/or any Excluded Environmental Work described in Article 7(d)(iii)(A) is undertaken. The Constructing Party shall make reasonable efforts to redistribute its Relocation crews to other Relocation sites while unable to perform at any contaminated location. d) Credits i) If HPTE and/or CDOT seeks Depreciation Value credit pursuant to 23 C.F.R. 645 for a Utility Relocation for which HPTE and/or CDOT is the Responsible Party, Owner shall furnish all evidence that it possesses of the period of actual length of service and total life expectancy of the Utility as well as all evidence it possesses of the Page 9 of 21