Common use of Transmission Line Relocation Agreements Clause in Contracts

Transmission Line Relocation Agreements. (a) The provisions set forth in this Section 2.1.3.2 shall apply to the Transmission Line Relocation Utility Adjustment Work, and to the extent of any conflict between these provisions and the rest of the Contract Documents, this Section 2.1.3.2 shall control. Except to the extent of any conflict as described in the immediately preceding sentence, all other provisions of the Contract Documents shall apply to the Transmission Line Relocations. (b) TxDOT has entered into each of the Transmission Line Relocation Agreements and, subject Section 2.1.3.2(j) of this DBA, DB Contractor shall not be responsible for preparing or entering into any Utility Agreements with respect to any of the Transmission Line Relocations. DB Contractor hereby assumes all TxDOT’s responsibilities under each of the Transmission Line Relocation Agreements and shall comply with and timely perform all obligations imposed on TxDOT by each of the Transmission Line Relocation Agreements; provided, however, that TxDOT shall remain responsible for paying the costs of (i) any reimbursements to Oncor, TMPA or BEP that are payable under its respective Transmission Line Relocation Agreement for the Transmission Line Relocations and (ii) all Utility Adjustment Work required to be performed by TxDOT or its agent under the Transmission Line Relocation Agreements. (c) DB Contractor shall be responsible for causing, in accordance with the Project Schedule and each Transmission Line Relocation Agreement, all Utility Adjustment Work for the Transmission Line Relocations necessary to accommodate the design and construction of the Project. All Utility Adjustment Work related to the Transmission Line Relocations shall comply with (i) the Adjustment Standards in effect as of the Proposal Due Date, together with any subsequent amendments and additions to those standards that are necessary to conform to applicable Law, or are adopted by Oncor, TMPA or BEP and affect the applicable Utility Adjustment pursuant to the applicable Transmission Line Relocation Agreement, (ii) all applicable Laws, (iii) the applicable Transmission Line Relocation Agreement, and (iv) all other requirements specified in Item 14 of the Design-Build Specifications. (d) TxDOT shall make reasonable efforts to enforce the applicable Transmission Line Relocation Agreement against Oncor, BEP and TMPA and to cause each of Oncor, BEP and TMPA to perform its obligations under its respective Transmission Line Relocation Agreement. (e) If a conflict occurs between the terms of any Transmission Line Relocation Agreement and those of the Contract Documents, the terms that establish the higher quality, manner or method of performing Utility Adjustment Work, establish better Good Industry Practice, or use more stringent standards shall prevail between DB Contractor and TxDOT. (f) DB Contractor shall not enter into any agreement with any of Oncor, BEP or TMPA with respect to the Transmission Line Relocations that purport to bind TxDOT in any way, unless TxDOT has executed such agreement as a party thereto. (g) If DB Contractor performs or furnishes Utility Adjustment Work that was initially anticipated to be performed or furnished by Oncor, BEP or TMPA under its respective Transmission Line Relocation Agreement, DB Contractor shall, to the extent that TxDOT is able to recover such cost from Oncor, BEP or TMPA (as applicable), be entitled to reimbursement from TxDOT for the actual cost to DB Contractor to perform such Utility Adjustment Work, provided that such cost is documented in a manner satisfactory to TxDOT. (h) DB Contractor shall not be entitled to any time extension on account of the terms of any of the Transmission Line Relocation Agreements (including those related to any Betterment) and DB Contractor shall bear 100% of the risk of Critical Path delays caused by any of Oncor’s, TMPA’s or BEP’s failure to timely comply with the requirements of its respective Transmission Line Relocation Agreement. Further, “Utility Owner Delay” shall not include any delay attributable to any of Oncor’s, TMPA’s or BEP’s failure to cooperate with DB Contractor with respect to the Transmission Line Relocations. (i) DB Contractor shall not be entitled to any increase in the Price or time extensions as a result of any increase in the extent, change in the character, or difference of the cost of the Utility Adjustment Work necessary for the Transmission Line Relocations from that anticipated in the applicable Transmission Line Relocation Agreement. (j) Notwithstanding anything to the contrary in this Section 2.1.3.2, if for any reason, one of the transmission lines that is the subject of a Transmission Line Relocation Agreement must be relocated in a manner that is different from that set forth in the applicable Transmission Line Relocation Agreement, DB Contractor shall be solely responsible for such Utility Adjustment Work, including all costs and schedule impacts related thereto, and DB Contractor shall be obligated to enter into a Utility Agreement with the applicable Utility Owner for such work, and shall comply with all other requirements applicable to Utility Adjustments as set forth in the Contract Documents.

Transmission Line Relocation Agreements. (a) The provisions set forth in this Section 2.1.3.2 shall apply to the Transmission Line Relocation Utility Adjustment Work, and to the extent of any conflict between these provisions and the rest of the Contract Documents, this Section 2.1.3.2 shall control. Except to the extent of any conflict as described in the immediately preceding sentence, all other provisions of the Contract Documents shall apply to the Transmission Line Relocations. (b) TxDOT has entered into each of the Transmission Line Relocation Agreements and, subject Section 2.1.3.2(j) of this DBA, DB Contractor shall not be responsible for preparing or entering into any Utility Agreements with respect to any of the Transmission Line Relocations. DB Contractor hereby assumes all TxDOT’s responsibilities under each of the Transmission Line Relocation Agreements and shall comply with and timely perform all obligations imposed on TxDOT by each of the Transmission Line Relocation Agreements; provided, however, that TxDOT shall remain responsible for paying the costs of (ia) any reimbursements to Oncor, TMPA or BEP that are payable under its respective Transmission Line Relocation Agreement for the Transmission Line Relocations and (iib) all Utility Adjustment Work required to be performed by TxDOT or its agent under the Transmission Line Relocation Agreements. (c) DB Contractor shall be responsible for causing, in accordance with the Project Schedule and each Transmission Line Relocation Agreement, all Utility Adjustment Work for the Transmission Line Relocations necessary to accommodate the design and construction of the Project. All Utility Adjustment Work related to the Transmission Line Relocations shall comply with (i) the Adjustment Standards in effect as of the Proposal Due Date, together with any subsequent amendments and additions to those standards that are necessary to conform to applicable Law, or are adopted by Oncor, TMPA or BEP and affect the applicable Utility Adjustment pursuant to the applicable Transmission Line Relocation Agreement, (ii) all applicable Laws, (iii) the applicable Transmission Line Relocation Agreement, and (iv) all other requirements specified in Item 14 of the Design-Build Specifications. (d) TxDOT shall make reasonable efforts to enforce the applicable Transmission Line Relocation Agreement against Oncor, BEP and TMPA and to cause each of Oncor, BEP and TMPA to perform its obligations under its respective Transmission Line Relocation Agreement. (e) If a conflict occurs between the terms of any Transmission Line Relocation Agreement and those of the Contract Documents, the terms that establish the higher quality, manner or method of performing Utility Adjustment Work, establish better Good Industry Practice, or use more stringent standards shall prevail between DB Contractor and TxDOT. (f) DB Contractor shall not enter into any agreement with any of Oncor, BEP or TMPA with respect to the Transmission Line Relocations that purport to bind TxDOT in any way, unless TxDOT has executed such agreement as a party thereto. (g) If DB Contractor performs or furnishes Utility Adjustment Work that was initially anticipated to be performed or furnished by Oncor, BEP or TMPA under its respective Transmission Line Relocation Agreement, DB Contractor shall, to the extent that TxDOT is able to recover such cost from Oncor, BEP or TMPA (as applicable), be entitled to reimbursement from TxDOT for the actual cost to DB Contractor to perform such Utility Adjustment Work, provided that such cost is documented in a manner satisfactory to TxDOT. (h) DB Contractor shall not be entitled to any time extension on account of the terms of any of the Transmission Line Relocation Agreements (including those related to any Betterment) and DB Contractor shall bear 100% of the risk of Critical Path delays caused by any of Oncor’s, TMPA’s or BEP’s failure to timely comply with the requirements of its respective Transmission Line Relocation Agreement. Further, “Utility Owner Delay” shall not include any delay attributable to any of Oncor’s, TMPA’s or BEP’s failure to cooperate with DB Contractor with respect to the Transmission Line Relocations. (i) DB Contractor shall not be entitled to any increase in the Price or time extensions as a result of any increase in the extent, change in the character, or difference of the cost of the Utility Adjustment Work necessary for the Transmission Line Relocations from that anticipated in the applicable Transmission Line Relocation Agreement. (j) Notwithstanding anything to the contrary in this Section 2.1.3.2, if for any reason, one of the transmission lines that is the subject of a Transmission Line Relocation Agreement must be relocated in a manner that is different from that set forth in the applicable Transmission Line Relocation Agreement, DB Contractor shall be solely responsible for such Utility Adjustment Work, including all costs and schedule impacts related thereto, and DB Contractor shall be obligated to enter into a Utility Agreement with the applicable Utility Owner for such work, and shall comply with all other requirements applicable to Utility Adjustments as set forth in the Contract Documents.