Resolution 2012-64 - Laserfiche WebLink

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from the date of the acquisition of replacement property interests by CDOT and only up to the amount of the actual costs paid by CDOT in the acquisition of replacement property interests. iv) This URA is not intended to waive Owner's rights to be paid just compensation in the event that CDOT should require Owner Property or Owner Easement for the Project. If no agreement is reached with respect to any particular Owner Property or Owner Easement needed for the Project, CDOT may bring an action to condemn if permitted by, and in accordance with, applicable law, and Owner retains its rights to bring an action for inverse condemnation. v) If necessary, Work Orders shall be revised to reflect the impact of property acquisition to the construction completion date shown on the Work Order. All real property acquired for the Project by CDOT, including for Utility Relocations, must be and shall be acquired pursuant to the Uniform Acquisition and Relocation Act, 42 U.S.C.A. §4601 and applicable right-of-way procedures in 23 C.F.R. 710.203. 9) PERMISSIONS. Owner shall obtain all Permissions for which Owner is required to be the named permittee. The Constructing Party shall obtain all other Permissions. The Parties agree to cooperate with one another in obtaining any Permission and to exchange copies promptly after obtaining any Permission. 10)WORK ORDER PROCESS. Relocations required by a Project shall be undertaken pursuant to a Work Order ("Work Order"), the form of which is attached as Exhibit B. Once a Utility is confirmed to require Relocation and the Parties have agreed upon the Work Order content, the Parties shall negotiate a Work Order. For Relocations to be undertaken prior to Project Commencement, the Work Order shall be executed first by Owner and then by CDOT, and shall not require the Project Contractor's signature. For Work Orders commenced after Project Commencement, the Work Order shall be executed first by Owner, then by the Project Contractor and finally by CDOT. Work Orders shall not be binding upon any Party until executed by that Party. a) Work Order Content. Work Orders shall identify: the existing and proposed location of the Utility; concise description of Owner's property interests or Utility Permits where currently located; the agreed Relocation and detailed scope of work; the Designing Party; the Constructing Party; the Responsible Party; whether reimbursement, if any, is to be made on a lump sum or actual cost basis; the negotiated lump-sum or actual not- to-exceed Cost of Relocation, inclusive of any estimated Depreciation Value and Salvage Value credits and less the cost of any Betterments and/or Excluded Environmental Work; an indication of whether replacement property interests are required for Relocation and the Party responsible for acquisition thereof; the estimated actual not-to-exceed cost, if any, to acquire replacement property interests; the schedule for commencement and completion of both design and construction of the Relocation; the most-current CDOT Project Plans at the Utility location; the Relocation Standards applicable to the Relocation (hard copy or reference); and any other terms and conditions applicable to the Relocation, such as approved service interruptions or negotiated Betterments and payment arrangements therefor, (collectively, "Work Order Content"). The non-Designing Party shall be solely responsible to provide (hard-copy, electronically, or by reference) the Relocation Standards that it requires the Designing Party to apply to the Relocation covered in the Work Order. If Relocation Standards are not so provided, the Designing Party shall not be responsible for the cost of any corrective Utility Work. Page 12 of 21