Common use of FHWA Utility Requirements Clause in Contracts

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 TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments.: 6.8.7.1 7.5.5.1 The Project Facility 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 outlaysoutlays (unless from the Public Funds Request or TIFIA financing, if any), 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 7.5.5.2 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 7.5.5.3 Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the ProjectFacility, 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 7.5.5.4 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 TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments. 6.8.7.1 (a) 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's ’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)and 23 CFR Section 635.410. Developer acknowledges, however, that without regard to whether such compliance is required, (ai) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (bii) 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 (b) 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 (c) 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 (d) Promptly upon receiving FHWA's ’s approval of the initial or any amended Alternate Procedure List, TxDOT will forward the approved list to Developer.

FHWA Utility Requirements. Unless TxDOT advises Developer DB Contractor otherwise, the following provisions apply to Utility Adjustments. 6.8.7.1 6.7.7.1. 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 DB Contractor 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 DB Contractor acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer DB Contractor will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (b) Developer 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 Developer 6.7.7.2. DB Contractor 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 6.7.7.3. Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the Project, Developer DB Contractor 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 6.7.7.4. Promptly upon receiving FHWA's approval of the initial or any amended Alternate Procedure List, TxDOT will forward the approved list to DeveloperDB Contractor.

FHWA Utility Requirements. Unless TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments.: 6.8.7.1 7.5.5.1 The Project Facility 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 outlaysoutlays (unless from the Public Funds Amount or TIFIA financing, if any), 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 7.5.5.2 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 7.5.5.3 Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the ProjectFacility, 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 7.5.5.4 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 TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments. 6.8.7.1 (a) 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 ’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, (ai) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (bii) 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 (b) 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 (c) 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 (d) Promptly upon receiving FHWA's ’s approval of the initial or any amended Alternate Procedure List, TxDOT will forward the approved list to Developer.

FHWA Utility Requirements. Unless TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments.: 6.8.7.1 11.4.1 The Project will be subject to 23 CFR Part 645 645, Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's ’s associated policies. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 645, 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 outlaysoutlays (unless from TIFIA financing, if any), 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 11.4.2 Developer shall prepare and deliver to TxDOT TxDOT, in accordance with the Project Management Plan, the Alternate Procedure Procedures List of all Utilities identified by Developer pursuant to Section 6 of the Technical Provisions in appropriate format format, including each Utility Owner’s name, approximate project station numbers and estimated cost of the Utility Adjustments for submittal to FHWATxDOT’s approval, together with all other documentation required by FHWA or TxDOT for compliance with the FHWA Alternate Procedure. If applicable, TxDOT will submit may transmit the Alternate Procedure List and other documentation to FHWA. 6.8.7.3 11.4.3 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 applicablefor TxDOT’s approval, TxDOT will transmit the additional documentation to FHWA for approval.all 6.8.7.4 Promptly upon receiving FHWA's approval of the initial or any amended Alternate Procedure List, 11.4.4 TxDOT will forward the approved list to Developer.

FHWA Utility Requirements. Unless TxDOT advises Developer DB Contractor otherwise, the following provisions apply to Utility Adjustments. 6.8.7.1 6.5.7.1. The Project will be subject to 23 CFR Part 645 Subpart A and 23 CFR Section 635.410 (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retentionBuy America), and audit) and FHWA's ’s associated policies. Developer DB Contractor 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)and 23 CFR Section 635.410. Developer acknowledges, however, DB Contractor acknowledges that without regard to whether such compliance is required, (a) it is not anticipated that Developer DB Contractor will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (b) Developer 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 Developer 6.5.7.2. DB Contractor 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 6.5.7.3. Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the Project, Developer DB Contractor 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 6.5.7.4. Promptly upon receiving FHWA's approval of the initial or any amended Alternate Procedure List, TxDOT will forward the approved list to DeveloperDB Contractor.

FHWA Utility Requirements. Unless TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments.: 6.8.7.1 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 outlaysoutlays (unless from the Public Funds Amount or TIFIA financing, if any), 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 7.5.5.2 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 7.5.5.3 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 7.5.5.4 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 TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments.: 6.8.7.1 11.4.1 The Project will be subject to 23 CFR Part 645 645, Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's ’s associated policies. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 645, 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 outlaysoutlays (unless from TIFIA financing, if any), 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 11.4.2 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.to 6.8.7.3 11.4.3 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 TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments.: 6.8.7.1 7.5.5.1 The Project Facility 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). Each Utility Agreement relating to the Segment 3C Facility Segment shall include the requirement for the Utility Owner to meet the Buy America requirements (as specified in 23 USC 313, 23 CFR § 635.410 and TxDOT’s Buy America Guidelines – Utility Accommodations approved by FHWA by letter dated May 31, 2018, receipt of which Developer acknowledges), except to the extent such requirements establish an exemption for the particular Utility Adjustment. Each such Utility Agreement shall require the Utility Owner to submit to TxDOT its Form 1818 or, in certain circumstances, a written certification, as more particularly provided in the above-referenced Guidelines. 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 outlaysoutlays (unless from the Public Funds Amount, the GP Public Funds Amount (if any) or TIFIA financing (if any)), 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 7.5.5.2 Developer shall prepare and deliver to TxDOT the Alternate Procedure List for the Facility (except in respect of TxDOT Works) 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 7.5.5.3 Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the ProjectFacility (excluding the TxDOT Works), 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 7.5.5.4 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 TxDOT advises Developer DB Contractor otherwise, the following provisions apply to Utility Adjustments. 6.8.7.1 6.8.8.1. 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 '’s associated policies. Developer DB Contractor 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 DB Contractor acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer DB Contractor will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (b) Developer 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 Developer 6.8.8.2. DB Contractor 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 6.8.8.3. Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the Project, Developer DB Contractor 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 6.8.8.4. Promptly upon receiving FHWA's '’s approval of the initial or any amended Alternate Procedure List, TxDOT will forward the approved list to DeveloperDB Contractor.

FHWA Utility Requirements. Unless TxDOT advises Developer 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 FHWA's 23 CFR Section 635.410 (Buy America) and FHWA associated policies. Developer DB Contractor 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)and 23 CFR Section 635.410. Developer DB Contractor acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer DB Contractor will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (b) Developer 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 Developer DB Contractor 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 DB Contractor 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 DeveloperDB Contractor.

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.. Texas Department of Transportation RFP Addendum 1 2 SH 99 Grand Parkway Project 51 Development Agreement 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 TxDOT advises Developer otherwise, the following provisions apply to Utility Adjustments.: 6.8.7.1 11.4.1 The Project will be subject to 23 CFR Part 645 645, Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxxbillings, records retention, and audit) and FHWA's ’s associated policies. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 645, 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 outlaysoutlays (unless from TIFIA financing, if any), 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 11.4.2 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.to 6.8.7.3 11.4.3 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 TxDOT advises Developer DB Contractor otherwise, the following provisions apply to Utility Adjustments. 6.8.7.1 6.5.7.1. 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 DB Contractor 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 DB Contractor acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer DB Contractor will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (b) Developer 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 Developer 6.5.7.2. DB Contractor 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 6.5.7.3. Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the Project, Developer DB Contractor 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 6.5.7.4. Promptly upon receiving FHWA's approval of the initial or any amended Alternate Procedure List, TxDOT will forward the approved list to DeveloperDB Contractor.

FHWA Utility Requirements. Unless TxDOT advises Developer DB Contractor otherwise, the following provisions apply to Utility Adjustments. 6.8.7.1 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 DB Contractor 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 DB Contractor acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer DB Contractor will be eligible for FHWA reimbursement of any Utility Adjustment outlays, and (b) Developer 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 Developer 6.8.7.2. DB Contractor 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 6.8.7.3. Promptly upon determining that any Utility Owner not referenced on the Alternate Procedure List is impacted by the Project, Developer DB Contractor 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 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 DeveloperDB Contractor.