Resolution 2012-64 - Laserfiche WebLink

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FOR CDOT: Ron Dickey CDOT Region 6 Utility Manager 2000 S. Holly St Denver, Colorado 80222 Phone: 303-404-7017 e-mail: ronnie.dickey @dot.state.co.us FOR OWNER: Kurt Kowar City of Louisville Director of Public Works 749 Main Street, Louisville, CO 80027 (303)666-6565 c) Authority. Party representatives shall each have the authority to negotiate, approve and execute Work Orders, DRALs, CRALs, Work Order revisions, and, where applicable, No-Conflict Close-Out Forms; review and approve or reject Relocation Plans; inspect and approve or reject construction of Relocation; review invoices for payment; and otherwise act for the Party represented. Either Party may limit the signature authority of its Party representative by submission to the other Party of written notice specifically identifying the extent of and limitations of the Party representative's authority. 19)DISPUTE RESOLUTION. a) Dispute Notice. In the event of any dispute, claim, or controversy arising out of or relating to this URA, any Work Order, or any Utility Work involving or otherwise relating to the Project or the Utility Work ("Dispute"), the complaining Party shall provide a notice of Dispute ("Dispute Notice") to the other Party except where the non-complaining Party waives the requirement to receive a Dispute Notice in writing. The Dispute Notice shall describe the facts surrounding the Dispute in sufficient detail to apprise the other Party of the nature of the complaint. The complaining Party may, but will not be required to, aggregate the Dispute with other Disputes into one Dispute Notice. b) Good Faith Negotiation. CDOT and Owner shall attempt to settle all Disputes. To this effect, CDOT and Owner shall conduct at least one face-to-face meeting between the Party representatives identified herein to attempt to reach a solution satisfactory to both CDOT and Owner. Such meeting shall take place within 7 calendar days following delivery of a Dispute Notice. If that meeting does not resolve the Dispute, CDOT and Owner shall each designate an official, at a level no lower than CDOT Project manager and Owner chief engineer, to resolve the Dispute. c) Legal Remedies. If CDOT and Owner fail to resolve a Dispute in accordance with Article 19(b), either Party may proceed to court in accordance with C.R.S §24-4-106. The venue for all disputes shall be in state District Court for the City and County of Denver, Colorado except, if applicable for condemnation or inverse condemnation claims, which will be filed in the State District Court for the County where the real property at issue is located and may pursue any remedies that may be available to it at law or in equity. 20)DAMAGE TO PERSONS AND PROPERTY. Each Party shall be responsible for any damage, including environmental damage, to any persons and property, including Project ROW, other CDOT property, Owner Property, adjacent property, utilities, adjacent structures, and Page 17 of 21