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Weld County, Colorado <br /> PROJECT NO.B 1400202 <br /> o u h Tx Book 1 -Contract <br /> 6.2.4 Utility Delays <br /> 6.2.4.1 Allocation of Risk <br /> If aggregate Utility Delays caused by an individual Utility Owner exceed 5 days, and the <br /> Completion Deadline is affected thereby, the Contractor may be entitled to an extension of the <br /> Completion Deadline as provided in Section 6.2.4.2. <br /> 6.2.4.2 Conditions to Extensions for Utility Delays <br /> With respect to each Utility Delay claimed by the Contractor, the Contractor shall not be entitled <br /> to any extension of the Completion Deadline unless all of the following conditions are satisfied: <br /> 1. The Contractor has provided evidence reasonably satisfactory to the County that: (i) the <br /> Contractor has fulfilled its obligation under the applicable Utility Relocation <br /> Agreement(s) to coordinate with the Utility Owner to prevent or reduce such delays; and <br /> (ii) the Contractor has otherwise made diligent efforts to obtain the timely cooperation of <br /> the Utility Owner but has been unable to obtain such timely cooperation. <br /> 2. If the Contractor is responsible for the Relocation, the Contractor has provided a <br /> reasonable Relocation plan to the Utility Owner and the Contractor has obtained, or is in <br /> a position to timely obtain, all applicable approvals, authorizations, certifications, <br /> consents, exemptions, filings, leases, licenses, permits, registrations, options, and/or <br /> rulings required by or with any Governmental Person in order to design and construct <br /> such Relocations. <br /> 3. No circumstances exist which have delayed or are delaying the affected Relocation, other <br /> than those which fit within the definition of a Utility Delay. <br /> 6.2.4.2.1 Delay Damages <br /> The Contractor shall be entitled to a delay and/or disruption contract time extensionfor Utility <br /> Delays only in the circumstances described in, and to the extent provided, in Section 13.5.2. <br /> 6.2.5 Certain Obligations of Contractor <br /> 6.2.5.1 Multiple Relocations of the Same Utility <br /> The Contractor shall avoid multiple relocations of the same Utility, whether by the Utility Owner <br /> or by the Contractor. Accordingly, after a Utility has been relocated once in order to <br /> accommodate the Project based on the Contractor's design, the Contractor shall be responsible <br /> for all costs incurred by either the Contractor or the Utility Owner in order to subsequently <br /> relocate such Utility to accommodate the Project. If the Utility Owner performs such subsequent <br /> Relocation, then the Contractor shall reimburse the Utility Owner for such subsequent relocation. <br /> If the Contractor performs such subsequent Relocation, then the Contractor shall not receive any <br /> extension of the Completion Deadline or increase in the Contract Price on account of the <br /> performance of such subsequent Relocation. <br /> 34 <br />