Railroad Submittal Review Delay. 6.10.2.1. DB Contractor shall be responsible for coordinating elements of the Work with the railroad and obtaining all railroad agreements necessary for the Project as set forth in Item 22 of the DB Specifications. DB Contractor shall provide Submittals as are required by the railroad and as described in Section 22.2 of the DB Specifications, including Submittals required for the Work related to the bridge elements adjacent to the railroad ROW. DB Contractor shall be responsible for cooperating and coordinating with TxDOT, including by providing any schematics, plans or other information within 14 days of a request by TxDOT or the railroad for such schematics, plans or other information. Notwithstanding anything to the contrary in the Contract Documents, DB Contractor shall be responsible for obtaining any approvals from railroads or agreements with railroads, including construction and maintenance agreements or modifications thereto, that are necessary to implement an ATC included in Appendix 2 to Exhibit 2 or modifications to the Schematic Design. DB Contractor shall be entitled to a time extension extending affected Completion Deadlines for delays to the Critical Path and increasing the Price for certain additional costs incurred directly attributable to a Railroad Submittal Review Delay as described in this Section 6.10.2.1. The term “Railroad Submittal Review Delay” means a delay to a Critical Path that is directly attributable to the failure of a railroad to review and approve or review and comment, as applicable, a DB Contractor Submittal required for the Work related to the bridge elements adjacent to the railroad ROW for which railroad approval or comment is required, within 60 days from TxDOT’s receipt of such Submittal. For Change Orders extending a Completion Deadline in accordance with this Section 6.10.2.1, DB Contractor shall be entitled to Project Overhead to the extent permitted by Section 4.6.6.2 of the General Conditions. Except to the extent that this Section 6.10.2.1 allows compensation for Project Overhead, Change Orders under this Section 6.10.2.1 shall not include compensation for delay or disruption damages.
