Common use of Identified Utility Gathering Lines Clause in Contracts

Identified Utility Gathering Lines. Stopple Costs. Subject to the limitations and requirements in this Section 6.8.1 and Section 13, DB Contractor shall be entitled to a Change Order increasing the Price to compensate DB Contractor for 50% of DB Contractor’s reasonable, out-of-pocket, direct costs and expenses for stopples required for Identified Utility Gathering Lines up to a maximum Price increase of $5,000,000 for all Identified Utility Gathering Lines. DB Contractor shall be responsible for all other costs associated with the Utility Adjustment Work for Identified Utility Gathering Lines, including 50% of stopple costs up to $10,000,000, 100% of stopple costs in excess of $10,000,000, coordination costs and Utility Adjustment costs. For the avoidance of doubt, TxDOT will not participate in the coordination costs and Utility Adjustment costs for Identified Utility Gathering Lines. DB Contractor shall obtain a fixed cost (lump sum) proposal for each required stopple procedure. TxDOT shall approve each required fixed cost (lump sum) stopple proposal prior to DB Contractor authorizing the stopple work to begin. DB Contractor shall use best efforts to avoid the use of stopples for Identified Utility Gathering Lines. DB Contractor is not entitled to a time extension on account of delays resulting from Identified Utilities, including Identified Utility Gathering Lines.

Appears in 4 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

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