Resolution 2012-64 - Laserfiche WebLink

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WHEREAS, to accomplish that purpose, the Parties now desire to enter into this URA, which provides for the scheduling and timely performance of the Project construction and utility relocation work necessitated by construction of the Project; and WHEREAS, this URA does not commit any present funding by any Party and is subject to future budgeting, authorization and appropriation processes, as applicable, and is to be implemented through a work-order process. NOW THEREFORE, the Parties hereto agree as follows: AGREEMENTS 1) DEFINITIONS. Unless the context otherwise requires, initially capitalized terms shall have the meanings prescribed to them: Abandonment means (i) the relinquishment by Owner of all right, title, claim and possession of a Utility and (ii) the Utility Work, as governed by Owner, CDOT, and industry procedures, that is necessary to retire a Utility from service but not physically remove the Utility from its installed location. Owner may not Abandon Utilities within Project ROW or other CDOT property without CDOT's consent, as evidenced by CDOT's signature on the Work Order. Betterment means the upgrading (e.g., increase in capacity) of a Utility that is not attributable to construction of a Project and is made solely for the benefit of and at the election of Owner (not including a technological improvement which is able to achieve such upgrade at costs equal to or less than the costs of a "like-for-like" replacement or Relocation). The use of new materials or compliance with Owner's Relocation Standards in the performance of Relocation is not considered a Betterment. Constructing Party means the Party designated on the Work Order as being responsible for construction of a Relocation. Contractor(s) means the contractors, consultants, and subcontractors, whether hired by HPTE, CDOT or Owner, undertaking the design or construction of a Relocation, including the HPTE Project Contractor(s). Cost of Relocation means the entire amount to be paid for Utility Work that is properly attributable to the Relocation after deducting from that amount the cost of any Incidental Utility Work, Betterments, Excluded Environmental Work, Depreciation Value, and/or Salvage Value, as applicable. Depreciation Value means the amount of credit to a Project required for the accrued depreciation of a Utility based upon the ratio between the period of actual length of service and total life expectancy applied to the original cost. For the purposes of Depreciation Value, "Utility" shall not be construed to include a segment of Owner's service, distribution and/or transmission lines. Designing Party means the Party designated on the Work Order as being responsible for design of Relocation. Discovery means physical discovery of an undocumented utility communicated by CDOT or its contractors, agents, or employees verbally or in writing to the Owner's designated project Page 2 of 21