Applications for Utility Permits. (a) It is anticipated that during the Work, Utility Owners will apply for utility permits to install Utilities that would cross or longitudinally occupy the Project ROW, or to modify, upgrade, relocate or expand existing Utilities within the Project ROW for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 shall apply to all such permit applications. TxDOT shall provide Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such application. (b) For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. (c) Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a). Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict Sign-Off Forms, signed by both Developer’s Utility Design Coordinator (UDC) and Developer’s Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, TxDOT shall have the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject to a Change Order and are not considered a New Utility or Unidentified Utility as described in Section 3.13.1.
Appears in 7 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Applications for Utility Permits. (a) 6.8.8.1 It is anticipated that during the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROW, or to modify, upgrade, relocate or expand existing Utilities within the Project ROW for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 Sections 6.8.8 shall apply to all such permit applications. TxDOT shall provide Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such application. Except as otherwise provided in Section 6.8.1, no accommodation of New Utilities or of modifications, upgrades, relocations or expansions of existing Utilities pursuant hereto shall entitle Developer to additional compensation or time extension hereunder.
(b) 6.8.8.2 For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or and/or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to New Utilities separate from other costs.
(c) 6.8.8.3 Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a)6.8.8.
1. Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict Sign-Off Forms, signed by both Developer’s 's Utility Design Coordinator (UDC) and Developer’s 's Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds (as TxDOT communicates to Developer from time to time) on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, TxDOT shall have the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject to a Change Order and are not considered a New Utility or Unidentified Utility as described in Section 3.13.1.
Appears in 7 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Applications for Utility Permits. (a) It is anticipated that during the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROW, or to modify, upgrade, relocate or expand existing Utilities within the Project ROW for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 3.14.8 shall apply to all such permit applications. TxDOT shall provide Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such application. Except as otherwise provided in Section 3.14.1, no accommodation of New Utilities or of modifications, upgrades, relocations or expansions of existing Utilities pursuant hereto shall entitle Developer to additional compensation or time extension hereunder.
(b) For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to New Utilities separate from other costs.
(c) Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a3.14.8(a). Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict Sign-Off Forms, signed by both Developer’s Utility Design Coordinator (UDC) and Developer’s Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds (as TxDOT communicates to Developer from time to time) on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, TxDOT shall have the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject to a Change Order and are not considered a New Utility or Unidentified Utility as described in Section 3.13.1.
Appears in 4 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Applications for Utility Permits. (a) 6.8.8.1 It is anticipated that during the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROW, or to modify, upgrade, relocate or expand existing Utilities within the Project ROW for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 Sections 6.8.8 shall apply to all such permit applications. TxDOT shall provide Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such application. Except as otherwise provided in Section 6.8.1, no accommodation of New Utilities or of modifications, upgrades, relocations or expansions of existing Utilities pursuant hereto shall entitle Developer to additional compensation or time extension hereunder.
(b) 6.8.8.2 For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or and/or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to new Utilities separate from other costs.
(c) 6.8.8.3 Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a)6.8.8.
1. Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict Sign-Off Forms, signed by both Developer’s 's Utility Design Coordinator (UDC) and Developer’s 's Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds (as TxDOT communicates to Developer from time to time) on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, TxDOT shall have the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject to a Change Order and are not considered a New Utility or Unidentified Utility as described in Section 3.13.1.
Appears in 4 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Applications for Utility Permits. (a) 6.8.8.1 It is anticipated that during the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROW, or to modify, upgrade, relocate or expand existing Utilities within the Project ROW for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 Sections 6.8.8 shall apply to all such permit applications. TxDOT shall provide Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such application. Except as otherwise provided in Section 6.8.1, no accommodation of new Utilities or of modifications, upgrades, relocations or expansions of existing Utilities pursuant hereto shall entitle Developer to additional compensation or time extension hereunder.
(b) 6.8.8.2 For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or and/or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to new Utilities separate from other costs.
(c) 6.8.8.3 Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a)6.8.8.
1. Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict Sign-Off Forms, signed by both Developer’s 's Utility Design Coordinator (UDC) and Developer’s 's Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds (as TxDOT communicates to Developer from time to time) on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, TxDOT shall have the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject to a Change Order and are not considered a New Utility or Unidentified Utility as described in Section 3.13.1.
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Applications for Utility Permits. (a) 11.7.1 It is anticipated that during the design and construction phases of the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROWRight of Way, or to modify, upgrade, repair, relocate or expand existing Utilities within the Project ROW Right of Way, for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 Sections 11.7.2 through 11.7.4 shall apply to all such permit applications, except as otherwise provided in Section 11.7.5. TxDOT Except as otherwise provided in Section 11.7.4(b) or in Section 24.2, no accommodation of new Utilities or of modifications, upgrades, repairs, relocations or expansions of existing Utilities pursuant hereto shall provide entitle Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such applicationto additional compensation or time extension hereunder.
(b) 11.7.2 For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or and/or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to new Utilities separate from other costs, because such costs are not reimbursable by TxDOT or the requesting Utility Owners.
(c) 11.7.3 Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a)11.7.2. Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-No- Conflict Sign-Off Forms, signed by both Developer’s Utility Design Coordinator (UDC) and Developer’s Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, .
11.7.4 If Developer and TxDOT shall have disagree on the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject response to a Change Order and are not considered a New Utility or Unidentified Utility as permit application described in Section 3.13.1.11.7.2. such disagreement shall be resolved according to the Dispute Resolution Procedures; provided that if Developer recommends against issuance of the permit and TxDOT determines issuance is appropriate or required, then (a) TxDOT’s determination shall control unless it is arbitrary and capricious;
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Applications for Utility Permits. (a) 11.7.1 It is anticipated that during the design and construction phases of the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROWRight of Way, or to modify, upgrade, repair, relocate or expand existing Utilities within the Project ROW Right of Way, for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 Sections 11.7.2 through 11.7.4 shall apply to all such permit applications, except as otherwise provided in Section 11.7.5. TxDOT Except as otherwise provided in Section 11.7.4(b) or in Section 24.2, no accommodation of new Utilities or of modifications, upgrades, repairs, relocations or expansions of existing Utilities pursuant hereto shall provide entitle Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such applicationto additional compensation or time extension hereunder.
(b) 11.7.2 For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or and/or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to new Utilities separate from other costs, because such costs are not reimbursable by TxDOT or the requesting Utility Owners.
(c) 11.7.3 Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a)11.7.2. Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-No- Conflict Sign-Off Forms, signed by both Developer’s Utility Design Coordinator (UDC) and Developer’s Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds (as TxDOT communicates to Developer from time to time) on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, .
11.7.4 If Developer and TxDOT shall have disagree on the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject response to a Change Order and are not considered a New Utility or Unidentified Utility as permit application described in Section 3.13.1.11.7.2. such disagreement shall be resolved according to the Dispute Resolution Procedures; provided that if Developer recommends against issuance of the permit and TxDOT determines issuance is appropriate or required, then (a) TxDOT’s determination shall control unless it is arbitrary and capricious;
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Applications for Utility Permits. (a) 7.5.8.1 It is anticipated that during the design and construction phases of the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROWFacility Right of Way, or to modify, upgrade, repair, relocate or expand existing Utilities within the Project ROW Facility Right of Way for reasons other than accommodation of the ProjectFacility. The provisions of this Section 3.13.8 Sections 7.5.8.2 through 7.5.8.4 shall apply to all such permit applications, except as otherwise provided in Section 7.5.8.5. TxDOT Except as otherwise provided in Section 7.5.8.4(b) or in Section 11.2, no accommodation of new Utilities or of modifications, upgrades, repairs, relocations or expansions of existing Utilities pursuant hereto shall provide entitle Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such applicationto additional compensation or time extension hereunder.
(b) 7.5.8.2 For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project Facility design information or and/or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to new Utilities separate from other costs.
(c) 7.5.8.3 Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a)7.5.8.
1. Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict Sign-Off Forms, signed by both Developer’s 's Utility Design Coordinator (UDC) and Developer’s 's Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1Book 2. Developer shall limit the grounds for its recommendation to the grounds (as TxDOT communicates to Developer from time to time) on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, .
7.5.8.4 If Developer and TxDOT shall have disagree on the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject response to a Change Order and are not considered a New Utility or Unidentified Utility as permit application described in Section 3.13.17.5.8.1, such disagreement shall be resolved according to the Dispute Resolution Procedures; provided that if Developer recommends against issuance of the permit and TxDOT determines issuance is appropriate or required, then:
(a) TxDOT’s determination shall control unless it is arbitrary and capricious;
(b) TxDOT may elect to issue the utility permit in advance of resolution of the Dispute, but if it is finally determined that issuance of the permit was arbitrary and capricious, its issuance shall be deemed a TxDOT Change (and therefore a potential Relief Event and Compensation Event); and
(c) If TxDOT elects to delay issuance of a utility permit pending final resolution of the Dispute, Developer’s indemnities under Sections 16.5.1.
Appears in 1 contract
Samples: Facility Agreement
Applications for Utility Permits. (a) 6.8.8.1 It is anticipated that during the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROW, or to modify, upgrade, relocate or expand existing Utilities within the Project ROW for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 Sections 6.8.8 shall apply to all such permit applications. TxDOT shall provide Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such application.. Except as otherwise provided in
(b) 6.8.8.2 For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or and/or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to New Utilities separate from other costs.
(c) 6.8.8.3 Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a)to
1. Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict Sign-Off Forms, signed by both Developer’s 's Utility Design Coordinator (UDC) and Developer’s 's Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds (as TxDOT communicates to Developer from time to time) on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, TxDOT shall have the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject to a Change Order and are not considered a New Utility or Unidentified Utility as described in Section 3.13.1.
Appears in 1 contract
Samples: Development Agreement
Applications for Utility Permits. (a) 6.8.8.1 It is anticipated that during the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROW, or to modify, upgrade, relocate or expand existing Utilities within the Project ROW for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 Sections 6.8.8 shall apply to all such permit applications. TxDOT shall provide Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such application. Except as otherwise provided in Section 6.8.1, no accommodation of New Utilities or of modifications, upgrades, relocations or expansions of existing Utilities pursuant hereto shall entitle Develope r to additional compensation or time extension hereunder.
(b) 6.8.8.2 For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or and/or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to New Utilities separate from other costs.
(c) 6.8.8.3 Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a)6.8.8.
1. Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict No -Conflict Sign-Off Forms, signed by both Developer’s 's Utility Design Coordinator (UDC) and Developer’s 's Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds (as TxDOT communicates to Developer from time to time) on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, TxDOT shall have the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject to a Change Order and are not considered a New Utility or Unidentified Utility as described in Section 3.13.1.
Appears in 1 contract
Samples: Development Agreement
Applications for Utility Permits. (a) 6.8.8.1 It is anticipated that during the Work, from time to time Utility Owners will apply for utility permits to install new Utilities that would cross or longitudinally occupy the Project ROW, or to modify, upgrade, relocate or expand existing Utilities within the Project ROW for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 Sections 6.8.8 shall apply to all such permit applications. TxDOT shall provide Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such application. Except as otherwise provided in Section 6.8.1, no accommodation of New Utilities or of modifications, upgrades, relocations or expansions of existing Utilities pursuant hereto shall entitle Developer to additional compensation or time extension hereunder.
(b) 6.8.8.2 For all such utility permit applications pending as of or submitted after the Effective Date, Developer shall furnish the most recent Project design information or and/or as-built plans, as applicable, to the applicants, and shall assist each applicant with information regarding the location of other proposed and existing Utilities. Developer shall keep records of its costs related to new Utilities separate from other costs.
(c) 6.8.8.3 Developer shall assist TxDOT in deciding whether to approve a permit described in Section 3.13.8(a)6.8.8.1. Within a time period that will enable TxDOT to timely respond to the application, Developer shall analyze each application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict Sign-Off Forms, signed by both Developer’s 's Utility Design Coordinator (UDC) and Developer’s 's Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds (as TxDOT communicates to Developer from time to time) on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, TxDOT shall have the right to issue utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.13.8 shall not be subject to a Change Order and are not considered a New Utility or Unidentified Utility as described in Section 3.13.1.
Appears in 1 contract
Samples: Development Agreement
Applications for Utility Permits. (a) It is anticipated that 7.4.11.1 The Parties anticipate that, from time to time during the WorkTerm, Utility Owners will apply to GDOT for utility permits to to:
(a) install new Utilities that would cross or longitudinally occupy the Project ROWLimits, or to during the D&C Period; or
(b) modify, upgrade, repair, relocate or expand existing Utilities within the Project ROW Limits during the D&C Period for reasons other than accommodation of the Project. The provisions of this Section 3.13.8 shall apply to all such permit applications. TxDOT shall provide Developer with a copy of each such permit application received after the Effective Date, within 30 days after TxDOT’s receipt of such application.
(b) 7.4.11.2 For all such utility permit applications pending as of or submitted after the Effective Datereferred to in PA Section 7.4.11.1 (Applications for Utility Permits), Developer shall shall:
(a) furnish the most recent Project design information or as-built plansRecord Design Documents, as applicable, to the applicants, and shall ; and
(b) assist each applicant with information regarding the location of other proposed and existing Utilities.
(c) 7.4.11.3 Developer shall assist TxDOT Authority and GDOT in deciding whether to approve a utility permit application described in PA Section 3.13.8(a7.4.11.1 (Applications for Utility Permits). .
7.4.11.4 Within ten (10) Business Days (or such longer period as Developer reasonably requires, as agreed by Authority) of receiving a time period that will enable TxDOT to timely respond to the applicationutility permit application from a Utility Owner, Developer shall shall:
(a) analyze each application having regard to the impact the work contemplated by the utility permit will have on Developer's performance of the Work and whether Authority or GDOT is legally entitled to approve or deny the application or to impose conditions on its approval (in accordance with the grounds communicated by Authority to Developer from time to time); and
(b) provide to TxDOT Authority a recommendation (together with supporting analysis) as to whether the permit should be approved, denied, or approved subject to conditions. As part of the recommendation process, Developer shall furnish to TxDOT Utility No-Conflict Sign-Off Forms, signed by both .
7.4.11.5 Within five Business Days after Authority receives Developer’s recommendation under PA Section 7.4.11.4(b) (Applications for Utility Design Coordinator (UDC) Permits), the Parties shall meet and discuss such recommendation.
7.4.11.6 Without limiting Developer’s Utility Manager, using the standard forms included in the Technical Provisions, Section 6 and Attachment 6-1. Developer shall limit the grounds for its recommendation to the grounds on which TxDOT is legally entitled to approve or deny the application or to impose conditions on its approval. However, TxDOT shall have the 's right to issue utility permits claim relief and compensation in accordance with PA Article 13 (Relief Events; Compensation Events), Authority may elect (in its sole discretion. Applications for ) to issue, or cause the issuance of the utility permit.
7.4.11.7 Developer shall notify Authority if Developer reasonably believes that any Utility permits and associated coordination described in this Section 3.13.8 shall Owner is not be subject to a Change Order and are not considered a New Utility or Unidentified Utility as described in Section 3.13.1complying with the terms of its utility permit.
Appears in 1 contract
Samples: Design, Build, and Finance Agreement