Resolution 2012-64 - Laserfiche WebLink

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b) Service Continuity. There shall be no shutdowns or temporary diversions of Owner's Utilities unless agreed by Owner and evidenced in detail on the Work Order. Owner shall have sole responsibility to operate any valves and/or switches, as applicable, unless Owner requests otherwise in writing. Owner's Utilities shall otherwise remain fully operational during all phases of Project construction. Except where due to Force Majeure, and without waiving any claims under applicable law that the Constructing Party may have against the Designing Party, the Constructing Party shall be responsible for the actual documented costs and damages incurred by Owner arising out of any unapproved interruption in Owner's Utility service resulting from performance of Utility Work or Project construction. c) Work Order Preparation. To the extent such documentation has not previously been exchanged, CDOT and Owner shall coordinate the exchange of all information necessary for preparation of the Work Orders and shall promptly meet to resolve through good faith negotiation any comments or disagreements with respect to Work Order Content. If the Parties cannot reach agreement on the Work Order Content, the Work Order shall be handled as a Dispute in accordance with Article 19. Once the Parties have reached agreement on the Work Order Content, the Work Order shall be prepared by CDOT for execution by both Parties and the Project Contractor. Work Orders may be delivered by e-mail, facsimile, hand delivery, or by certified or registered first class mail. Owner shall respond within 14 calendar days after receipt of the Work Order either by executing the Work Order or providing comments. d) Work Order Conclusive. Once a Work Order is fully executed, that Work Order shall be conclusive as to all matters represented therein. Any material change to the Work Order scope of work and any change that will result in an increase in the time necessary to complete a Relocation or an increase to the Cost of Relocation above the amount authorized on the Work Order must be shown on a revised duly executed Work Order. Executed Work Orders, as they may be revised from time to time, are incorporated into this URA by this reference. 11)BETTERMENT. a) If Owner requests a Betterment, CDOT will determine, in its sole discretion, whether Betterment work at any specific location can be accommodated based upon the following considerations: (i) whether the work is compatible with Project work; (ii) whether the work would delay any Project schedule; and (iii) if CDOT is the Responsible Party, whether it is feasible to separate the Betterment work from any related Utility Work being performed by the Constructing Party. b) If CDOT agrees to include a Betterment at any specific location and CDOT is either the Constructing Party, Responsible Party or both, Owner and CDOT (and, after Project Commencement, the Project Contractor) shall negotiate the price (lump-sum or actual cost) for said Betterment and shall include the cost and terms of the Betterment in a Work Order. All Betterment work, including the cost to CDOT for incremental design, shall be at Owner's sole cost. c) Where CDOT is the Designing or Constructing Party, upon execution of the Work Order by the Owner, Owner shall deposit the total price of the Betterment work with CDOT. If the negotiated price is on an actual cost basis, CDOT shall notify Owner whenever the cost of such Betterment work reaches 80% of the negotiated price specified for the Betterment on the Work Order. If the actual costs exceed the negotiated price specified for the Betterment on the Work Order, the Contractor will not proceed unless the Page 13 of 21