FHWA Utility Requirements. Unless TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments.
6.8.7.1 The Project will be subject to 23 CFR Part 645 Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's associated policies. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 Subpart A as necessary for any Utility Adjustment costs to be eligible for FHWA reimbursement (or for any other federal financing or funding). Developer acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (b) Developer will not have any share in any reimbursement from FHWA or other federal financing or funding that TxDOT may receive on account of Utility Adjustments.
6.8.7.2 Developer shall prepare and deliver to TxDOT the Alternate Procedure List in appropriate format for submittal to FHWA, together with all other documentation required by FHWA for compliance with the FHWA Alternate Procedure. If applicable, TxDOT will submit the Alternate Procedure List and other documentation to FHWA.
6.8.7.3 Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the Project, Developer shall submit to TxDOT all documentation required by FHWA to add these Utilities to the Alternate Procedure List. If applicable, TxDOT will transmit the additional documentation to FHWA for approval.
6.8.7.4 Promptly upon receiving FHWA's approval of the initial or any amended Alternate Procedure List, TxDOT will forward the approved list to Developer.
FHWA Utility Requirements. Unless ADOT advises Developer otherwise: 31 (a) The Project is subject to 23 C.F.R. Part 645 Subpart A 32 (including its requirements as to Plans, specifications, estimates, charges, tracking of 33 costs, credits, xxxxxxxx, records retention, and audit) and FHWA's associated policies;
FHWA Utility Requirements. Unless TxDOT advises DB Contractor otherwise, the following provisions apply to Utility Adjustments.
6.8.7.1 The Project will be subject to 23 CFR Part 645 Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and 23 CFR Section 635.410 (Buy America) and FHWA associated policies. DB Contractor shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 Subpart A and 23 CFR Section 635.410. DB Contractor acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that DB Contractor will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (b) DB Contractor will not have any share in any reimbursement from FHWA or other federal financing or funding that TxDOT may receive on account of Utility Adjustments.
6.8.7.2 DB Contractor shall prepare and deliver to TxDOT the Alternate Procedure List in appropriate format, together with all other documentation required by FHWA or TxDOT for compliance with the FHWA Alternate Procedure.
6.8.7.3 Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the Project, DB Contractor shall submit to TxDOT all documentation required by FHWA or TxDOT to add these Utilities to the Alternate Procedure List.
6.8.7.4 TxDOT will forward the approved list to DB Contractor.
FHWA Utility Requirements. Unless IFA advises Developer otherwise, the Project will be subject to, and Developer shall comply with, 23 CFR Part 645 Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's associated policies. Developer Utility Agreements for Utilities in the Project shall incorporate by reference 23 CFR Part 645 Subparts A and B, and assign the obligations arising pertaining thereto. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 Subparts A and B as necessary for any Utility Adjustment costs to be eligible for reimbursement from any federal financing or funding. Developer acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays other than from any federal financing or funding, if any, and (b) Developer will not have any share in any reimbursement from FHWA or other federal financing or funding that IFA may receive on account of Utility Adjustments.
FHWA Utility Requirements. Unless TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments:
7.5.5.1 The Project will be subject to 23 CFR Part 645 Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's associated policies. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 Subpart A as necessary for any Utility Adjustment costs to be eligible for FHWA reimbursement (or for any other federal financing or funding). Developer acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays (unless from TIFIA financing, if any), and
FHWA Utility Requirements. Unless TxDOT advises DB Contractor otherwise, the following provisions apply to Utility Adjustments.
6.8.7.1. The Project will be subject to 23 CFR Part 645 Subpart A and 23 CFR Section 635.410 (Buy America), and FHWA’s associated policies. DB Contractor shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 Subpart A and 23 CFR Section 635.410. DB Contractor acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that DB Contractor will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and
FHWA Utility Requirements. Unless TxDOT advises DB Contractor otherwise, the following provisions apply to Utility Adjustments.
6.8.7.1 The Project will be subject to 23 CFR Part 645 Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and 23 CFR Section
6.8.7.2 DB Contractor shall prepare and deliver to TxDOT the Alternate Procedure List in appropriate format, together with all other documentation required by FHWA or TxDOT for compliance with the FHWA Alternate Procedure.
6.8.7.3 Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the Project, DB Contractor shall submit to TxDOT all documentation required by FHWA or TxDOT to add these Utilities to the Alternate Procedure List.
6.8.7.4 TxDOT will forward the approved list to DB
FHWA Utility Requirements. 5.2.6.1 Unless KYTC advises DBT otherwise:
(a) The Project is subject to 23 C.F.R. Part 645 Subpart A (including its requirements as to Plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's associated policies;
(b) Utility Agreements for Utilities shall incorporate by reference 23 C.F.R Part 645 Subparts A and B and assign the obligations arising thereunder;
(c) DBT shall comply (and shall require the Utility Companies to comply) with 23 C.F.R Part 645 Subparts A and B as necessary for any Utility Adjustment costs to be eligible for reimbursement from any federal financing or funding; and
(d) To the extent applicable to this agreement, DBT shall comply with the Buy America requirements set forth in 23 U.S.C. 313, 23 CFR 635.410. and Infrastructure Investment and Jobs Act (IIJA), 117-58, including Build America, Buy America Act (BABA) 117-58, Section 70301-52 for the permanent inclusion of articles, materials, or supplies classified as:
(1) iron or steel, (2) a manufactured product; or (3) a construction material. DBT is not required to change its existing standards for materials as long as the applicable Buy America requirements are met. Buy America requirements take precedence over regulations pertaining to the accommodation or relocation of the DBT’s facilities set forth in 23 CFR 645 and over regulations which allow the Company to furnish materials from company stock set forth in 23 CFR 645.117(e). Company stock materials that do not meet applicable Buy America requirements may not be permanently incorporated into a FAHP funded project. DBT understands and acknowledges that the Agreement may be subject to the requirements of the Buy America law, 23 U.S.C. 313 and applicable regulations, including 23 CFR 635.410, IIJA, BABA, and Federal Highway Administration guidance. The Company must provide certification that all products, permanently incorporated into the project adhere to the Buy America requirements. In lieu of a separate certification, DBT hereby certifies that in the performance of this Agreement, for products where Buy America requirements apply, it shall use only such products for which it has received a certification from its supplier, or provider of construction services that procures the product certifying Buy America compliance. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions. Products permanently incorp...
FHWA Utility Requirements. 7.4.6.1 The Project is subject to, and Developer shall comply with, 23 C.F.R.
7.4.6.2 Developer shall comply (and shall require the Utility Owners to comply) with 23 C.F.R. §§ 645.101 et seq. and 23 C.F.R. §§ 645.201 et seq. as necessary for any Utility Adjustment costs to be eligible for FHWA reimbursement (or for any other federal financing or funding).
7.4.6.3 Developer acknowledges and agrees that, regardless of whether compliance with PA Section 7.4.6.2 (FHWA Utility Requirements) is required and without limiting Developer's right to reimbursement for Utility Adjustments under PA Section 5.1 (Payment of DBF Contract Sum):
(a) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays; and
(b) Developer will not have any share in any reimbursement from FHWA or other federal financing or funding that Authority or GDOT may receive on account of Utility Adjustments.
FHWA Utility Requirements
