Resolution 2012-64 - Laserfiche WebLink

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execution of the respective CRAL. As built plans shall meet the requirements of the Party responsible for maintaining the utility. 14)APPROVALS AND ACCEPTANCES. Approvals and acceptances shall not be unreasonably withheld or delayed. If approval or acceptance is withheld, such withholding shall be in writing and shall state with specificity the reason for withholding such approval or acceptance. Every effort shall be made to identify with as much detail as possible what changes are required for approval and acceptance. 15)OWNERSHIP, OPERATION, AND MAINTENANCE OF UTILITIES. a) If Owner is the Constructing Party, ownership and all responsibilities for operations and maintenance of the Utility shall be Owner's. If HPTE and/or CDOT is the Constructing Party, and Owner determines that it is necessary to place the Utility in service prior to acceptance, Owner may operate the Utility with notice to CDOT. If CDOT is the Constructing Party, Owner shall assume ownership and all responsibilities for operation and maintenance of the Utility upon execution of the CRAL, receipt of as-built plans, and assignment of warranties. b) If Owner Utilities remain located within Project ROW after all Utility Work has been completed, Owner's access for maintenance and servicing of the Utilities shall be allowed exclusively pursuant to and in accordance with the Utility Permit governing that location. c) If requested by the Owner, CDOT shall assign all warranties to Owner pertaining to Utility Work Performed for Owner by the CDOT Project Contractor following acceptance of the Utility Work by CDOT and Owner, or Owner may request that CDOT exercise warranty rights on Owner's behalf in the event of any covered defects in the Utility Work. 16)REIMBURSEMENT. a) The Responsible Party shall be identified on the Work Order. The Designing or Constructing Party (if not the same as the Responsible Party) may invoice the Responsible Party no more than monthly for Utility Work costs incurred on or subsequent to the effective date of this URA. Invoices shall cover all Utility Work performed since the prior invoice submission. The previous sentence notwithstanding, any costs incurred to acquire replacement property interests for Owner's utilities under this URA must be invoiced separately and must have been identified as a cost on the Work Order. b) The Responsible Party shall make payment within 60 calendar days of receipt of invoice. If the Responsible Party disputes any portion of the invoice, it may withhold payment for the disputed portion while timely remitting payment on the undisputed portion. All invoices for Utility Work must be submitted not later than one year after execution of the corresponding CRAL for that Utility Work. All invoices submitted to CDOT for reimbursement shall be reviewed for compliance with the cost eligibility and reimbursement standards contained in 23 CFR 645.101, et seq. c) The Responsible Party will ensure that it has budgeted, authorized, and appropriated funds for all Utility Work costs specified in a Work Order. Neither Party will authorize any Work Order or Work Order revision that will cause the lump-sum or estimated not-to- exceed actual cost shown to increase beyond the previously appropriated amounts, unless the Responsible Party appropriates additional funds. Execution of a Work Order or Work Order revision by the Responsible Party is a representation that it has sufficient funds available for the Utility Work identified in the Work Order. Page 15 of 21