Compliance with Railroad Agreements. The following agreement[s] between TxDOT and the railroad[s] (“Railroad Agreement[s]”) [was][were] included in the Reference Information Documents prior to the Proposal Due Date: [construction and maintenance agreement(s) to be added, if applicable]. If a railroad fails to comply with any material terms and conditions of its Railroad Agreement, and such breach by the railroad (a) has a material adverse impact on DB Contractor’s obligations under the Contract Documents, and (b) were not caused by the acts or omissions of any DB Contractor-Related Entity, including modifications to the Schematic Design or the Railroad Agreement that were initiated by DB Contractor, DB Contractor shall be entitled to a Change Order increasing the Price for certain costs and extending applicable Completion Deadlines for delays to the Critical Path directly attributable to the railroad’s failure to comply with the Railroad Agreement to the extent permitted by this Section 6.10.3. The Change Order shall be in the amount of the incremental increase in DB Contractor’s Direct Costs for the material adverse changes to its obligations. For Change Orders that include an extension of a Completion Deadline, the amount of the Change Order shall also include Project Overhead to the extent permitted by Section 4.6.6.2.2 of the General Conditions. Any Change Order will be subject to the requirements and limitations in Section 4.6 of the General Conditions, including Sections 4.6.6.2.3 and 4.6.6.3.
Compliance with Railroad Agreements. [The following agreement[s] between TxDOT and the railroad[s] (“Railroad Agreement[s]”) [was][were] included in the Reference Information Documents prior to the Proposal Due Date: [construction and maintenance agreement(s) to be added]. If a railroad fails to comply with any material terms and conditions of its Railroad Agreement, and such breach by the railroad (a) has a material adverse impact on DB Contractor’s obligations under the Contract Documents, and
Compliance with Railroad Agreements. If a railroad fails to comply with any material terms and conditions of its C&M Agreement, and such breach by the railroad (a) has a material adverse impact on DB Contractor’s obligations under the Contract Documents, and (b) were not caused by the acts or omissions of any DB Contractor-Related Entity, including modifications to the Schematic Design or the C&M Agreement that were initiated by DB Contractor, DB Contractor shall be entitled to a Change Order increasing the Price for certain costs and extending applicable Completion Deadlines for delays to the Critical Path directly attributable to the railroad’s failure to comply with the C&M Agreement to the extent permitted by this Section
Compliance with Railroad Agreements. The following agreements between TxDOT and the railroad (“Railroad Agreements”) were included in the Reference Information Documents prior to the Proposal Due Date: (i) Xxxxxx Overpass Segment License Agreement, dated March 4, 2021 and March 11, 2021, between TxDOT and Dallas Area Rapid Transit, and (ii) Cotton Belt Overpass Segment License Agreement, dated March 4, 2021 and March 10, 2021, between TxDOT and Dallas Area Rapid Transit. If a railroad fails to comply with any material terms and conditions of its Railroad Agreement, and such breach by the railroad (a) has a material adverse impact on DB Contractor’s obligations under the Contract Documents, and (b) were not caused by the acts or omissions of any DB Contractor-Related Entity, including modifications to the Schematic Design or the Railroad Agreement that were initiated by any DB Contractor-Related Entity, DB Contractor shall be entitled to a Change Order increasing the Price for certain costs and extending applicable Completion Deadlines for delays to the Critical Path directly attributable to the railroad’s failure to comply with the Railroad Agreement to the extent permitted by this Section 6.10.3. The Change Order shall be in the amount of the incremental increase in DB Contractor’s Direct Costs for the material adverse changes to its obligations. For Change Orders that include an extension of a Completion Deadline, the amount of the Change Order shall also include Project Overhead to the extent permitted by Section 4.6.6.2.2 of the General Conditions. Any Change Order will be subject to the requirements and limitations in Section 4.6 of the General Conditions, including Sections 4.6.6.2.3 and 4.6.6.3.
