Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law. 6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A. 6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests. 6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; and
Appears in 7 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable LawLaw at the time of Adjustment. The Parties agree that as of the Proposal Due Date, under Texas Transportation Code Section 203.092 the Utility Owner is responsible for 50% of the costs of Utility Adjustment Work, except for (i) Adjustments required for any portion of the Facility that is being constructed as part of an interstate highway, (ii) Adjustments as to which the Utility Owner has a compensable property interest in the land occupied by the Utility to be Adjusted, and (iii) Adjustments completed on or after September 1, 2013 which do not fall within either of the previous two exceptions. As of the Proposal Due Date Texas Transportation Code Section 203.092 further provides that for the exceptions under clauses (i) and (ii) above, the Utility Owner is responsible for none of the costs of the Utility Adjustment Work and for the exception under clause (iii) above, the Utility Owner is responsible for 100% of the costs of the Utility Adjustment Work. Developer shall fulfill this its responsibility for all or part of the costs of Utility Adjustment Work either by performing the Utility Adjustment Work itself at its own cost (although Developer may seek reimbursement from the Utility Owner for its share, if any, of such costs and except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Developer’s share of the Utility Owner’s eligible costs of performing Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). Developer is solely responsible for collecting directly shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs incurred by Developer for which that are the Utility Owner is responsible Owner’s responsibility under applicable Law.
6.8.6.2 7.5.4.2 For each Utility Adjustment, the eligibility of particular Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDeveloper and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to DeveloperDeveloper from a Utility Owner, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A..
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the CDA Documents.
7.5.4.7 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 6 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but and excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 7.5.4.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; and,
Appears in 4 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; andand (c) Developer shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay Developer.
6.8.6.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.6.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the Contract Documents.
Appears in 4 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment Betterments and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer DB Contractor shall (a) compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of , or (b) reimburse the Utility Owner's reasonable acquisition costs for a Replacement Utility Property Interest Interest. The Utility Owner will satisfy this requirementdetermine which method of compensation is satisfactory. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out be responsible for all eligible costs of right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for compensating the same duties for acquisition of an Utility Owner or replacing each Existing Utility Property Interest, as are assigned to Developer including all costs and expenses associated with negotiation and condemnation action. DB Contractor shall also carry out the duties in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; and6.2.4.2
Appears in 3 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to (a) Except as provided in Section 6.8.13.13.1 or Section 12, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.23.12.4). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 (b) For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperXxxxxxxxx, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 (c) For each Utility Adjustment, Developer shall at the Utility Owner’s election, either (a) compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner’s claim, or (b) reimburse the Utility Owner's claimacquisition costs for a Replacement Utility Property Interest. The Utility Owner will determine which method of Existing Utility Property Interest relinquishment is satisfactory. Developer is advised that in some cases reimbursement of the Utility Owner's ’s acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's ’s behalf for eminent domain proceedings or otherwise) in accordance with Section 6.23.12.4. Developer shall carry out be responsible for all eligible costs of right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for compensating the same duties for acquisition of an Utility Owner or replacing each Existing Utility Property Interest, as are assigned to including all costs and expenses associated with negotiation and condemnation action. Developer shall also carry out the duties in Section 6.2 of the Agreement and Section 6.2.4 6.2.4.2 of the Technical Provisions for the acquisition of any other necessary real property interestsProvisions.
6.8.6.4 (d) If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (ai) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; and;
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to (a) Except as provided in Section 6.8.13.13.1 or Section 12, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.23.12.4). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 (b) For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 (c) For each Utility Adjustment, Developer shall at the Utility Owner’s election, either (a) compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner’s claim, or (b) reimburse the Utility Owner's claimacquisition costs for a Replacement Utility Property Interest. The Utility Owner will determine which method of Existing Utility Property Interest relinquishment is satisfactory. Developer is advised that in some cases reimbursement of the Utility Owner's ’s acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's ’s behalf for eminent domain proceedings or otherwise) in accordance with Section 6.23.12.4. Developer shall carry out be responsible for all eligible costs of right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for compensating the same duties for acquisition of an Utility Owner or replacing each Existing Utility Property Interest, as are assigned to including all costs and expenses associated with negotiation and condemnation action. Developer shall also carry out the duties in Section 6.2 of the Agreement and Section 6.2.4 6.2.4.2 of the Technical Provisions for the acquisition of any other necessary real property interestsProvisions.
6.8.6.4 (d) If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (ai) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; and;
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 6.7.6.1. Subject to Section 6.8.16.7.1, Developer DB Contractor is responsible for all eligible costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.7.6.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.7.6.3. For each Utility Adjustment, Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer DB Contractor is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer DB Contractor in Section 6.2 of the this Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 6.7.6.4. If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (c) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.7.6.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.7.6.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the Contract Documents.
Appears in 3 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 6.8.6.1. Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.8.6.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.8.6.3. For each Utility Adjustment, Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claimbe
6.8.6.4. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (ai) TxDOT shall have no liability for such amounts; (bii) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (iii) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.8.6.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.6.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the DBA Documents. This Work includes the deliverables identified in the final closeout procedures of Section 6.5.3
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.1Sections 7.5.4.2 and 7.5.4.3, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable LawLaw at the time of Adjustment. The Parties agree that as of the Proposal Due Date, under Texas Transportation Code Section 203.092, the Utility Owner is not responsible for any such other costs. Developer shall fulfill this its responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Developer- Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the 7.5.4.2 The eligibility of particular Utility Owner costs (both indirect and direct) for reimbursement by DeveloperXxxxxxxxx and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to DeveloperDeveloper from a Utility Owner, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the CDA Documents.
7.5.4.7 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to (a) Except as provided in Section 6.8.13.14.1 or Section 12, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.23.13.4). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 (b) For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperXxxxxxxxx, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 (c) For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's ’s claim. Developer is advised that in some cases reimbursement of the Utility Owner's ’s acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's ’s behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; andSection
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; andand (c) Developer shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay Developer.
6.8.6.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.6.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the Contract Documents.
6.8.6.7 Developer acknowledges that the Price includes the following cost responsibility for Utility Adjustments (i) where the Utility Owner does not have a compensable property interest in the land occupied by the facility to be relocated, Developer and the Utility Owner shall share equally (50%) the cost of Adjustments for both Owner Managed and Developer Managed Utility Agreements, and (ii) where the Utility Owner has a compensable property interest in the land occupied by the facility to be relocated, Developer is responsible for 100% of eligible cost of Adjustments for both Owner Managed and Developer Managed Utility Agreements. TxDOT shall be entitled to a Change Order in accordance with Section 13 decreasing the Price in the event of a decrease during the Term in the Developer’s share of the costs for the Utility Adjustment Work (due to a Change in Law or expiration of Transportation Code Section 203.092(a-3)); and Developer shall be entitled to a Change Order increasing the Price for any Change in Law that qualifies as a Force Majeure Event.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). .
7.5.4.2 Developer is solely acknowledges and agrees that under applicable Law, the Utility Owners (a) are entitled to reimbursement of all their costs properly attributable to Utility Adjustments required for the Project and (b) are not responsible for collecting directly from the any Utility Owner any reimbursement due to Developer for Betterment costs or other Adjustment costs incurred by Developer except for which the Betterments. Developer shall reimburse each Utility Owner is responsible under applicable Law.
6.8.6.2 For for its eligible costs for each Utility Adjustment, the . The eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperXxxxxxxxx and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the CDA Documents.
7.5.4.7 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but and excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 7.5.4.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the CDA Documents.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; andand (c) Developer shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay Developer.
6.8.6.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.6.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment Betterments and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer DB Contractor shall (a) compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of , or (b) reimburse the Utility Owner's reasonable acquisition costs for a Replacement Utility Property Interest Interest. The Utility Owner will satisfy this requirementdetermine which method of compensation is satisfactory. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out the same duties be responsible for acquisition all eligible costs of an Existing Utility Property Interestright of way engineering, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Ownersurveying, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; andappraisals,
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 6.7.6.1. Subject to Section 6.8.16.7.1, Developer DB Contractor is responsible for all eligible costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.7.6.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.7.6.3. For each Utility Adjustment, Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer DB Contractor is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer DB Contractor in Section 6.2 of the this Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 6.7.6.4. If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; and
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to (a) Except as provided in Section 6.8.13.14.1 or Section 12, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.23.13.4). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 (b) For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 (c) For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's ’s claim. Developer is advised that in some cases reimbursement of the Utility Owner's ’s acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's ’s behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; andSection
Appears in 1 contract
Samples: Development Agreement
Utility Adjustment Costs. 6.8.6.1 5.5.4.1 Subject to Section 6.8.15.5.4.2 and except for (a) costs under Type 1 Utility Adjustments, (b) costs for acquisition of any other real property interests shown on the ROW Maps (for which IFA is responsible to acquire) and (c) as otherwise provided in Section 18.1 of the Technical Provisions, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing at its own cost the Utility Adjustment Work itself at its own cost if permitted by the Utility Owner (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2in connection with Project Right of Way acquisition). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 5.5.4.2 For each Utility AdjustmentAdjustment under Developer Utility Agreements, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable IFA Utility Agreement(s) and Developer Utility Agreement(s).
5.5.4.3 Except for (a) costs under Type 1 Utility Adjustments, all (b) costs for acquisition of any other real property interests shown on the ROW Maps (for which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant IFA is responsible to acquire) and (c) as otherwise provided in Section 6.2.4 18.1 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including therewith, and shall reimburse IFA for any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing such compensation and costs IFA pays to Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interestsOwners.
6.8.6.4 5.5.4.4 If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT IFA shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT IFA or to offset such amounts against amounts otherwise owing from Developer to IFA, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against IFA on account of such failure to pay.
5.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with IFA and such local Governmental Entity regarding accounting for and approval of those costs.
5.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment under each Developer Utility Agreement (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each such Utility Adjustment under each Developer Utility Agreement. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the PPA Documents.
Appears in 1 contract
Samples: Public Private Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this its responsibility for Utility Adjustment Work costs either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its eligible costs of performing Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). Developer is solely responsible for collecting directly shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs incurred by Developer for which that are the Utility Owner is responsible Owner’s responsibility under applicable Lawlaw.
6.8.6.2 For each Utility Adjustment, the 7.5.4.2 The eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperXxxxxxxxx and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to DeveloperDeveloper from a Utility Owner, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the CDA Documents.
7.5.4.7 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 6.8.7.1. Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding (a) costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law, (b) costs of any reimbursements to Oncor payable under the Oncor Agreement for the Oncor Transmission Lines Relocation, and (c) costs of any Utility Adjustment Work required to be performed by TxDOT or its agent under the Oncor Agreement. Developer DB Contractor shall Texas Department of Transportation Horseshoe Project September 17,20, 2012 48 RFP Addendum 23 Design-Build Agreement fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions, and that DB Contractor shall be reimbursed by TxDOT for the actual cost of any Utility Adjustment Work required to be performed under the Oncor Agreement that is performed or furnished by DB Contractor, in accordance with Section 6.8.4.5), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Oncor for Oncor Transmission Lines Relocation costs or to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.8.7.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.8.7.3. For each Utility AdjustmentAdjustment (other than an Utility Adjustment required to be performed under the Oncor Agreement), Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's ’s claim. Developer DB Contractor is advised that in some cases reimbursement of the Utility Owner's ’s acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's DB Contractor’s behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer DB Contractor in Section 6.2 of the this Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 6.8.7.4. If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (c) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.8.7.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.7.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Texas Department of Transportation RFP Addendum 23 Horseshoe Project 49 Design-Build Agreement September 17,20, 2012 Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the Contract Documents.
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; andand (c) Developer shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay Developer.
6.8.6.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.6.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the CDA Documents.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Utility Adjustment Costs. Formatted: Underline, Font color: Black
6.8.6.1 Subject to Section 6.8.1, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; and
Appears in 1 contract
Samples: Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer 6.3.4.1 Design-Build Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Utility Easements, Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding (a) costs for acquisition of any other real property interests shown on the ROW Plans (for which IFA is responsible to acquire), (b) costs attributable to Betterment Betterments, and (c) any other costs for which the Utility Owner is responsible under applicable LawGovernmental Rules. Developer Design-Build Contractor shall fulfill this responsibility either by performing at its own cost the Utility Adjustment Work itself at its own cost if permitted by the Utility Owner (except that any assistance provided by any DeveloperDB-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2)Work. Developer Design-Build Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer Design-Build Contractor for Betterment costs or other costs incurred by Developer Design-Build Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.3.4.2 For each Utility AdjustmentAdjustment under Utility Agreements, the eligibility of Utility Owner costs (both indirect and direct, including inspection and review costs) for reimbursement by DeveloperDesign-Build Contractor, as well as the determination of any Betterment or other costs due to DeveloperDesign-Build Contractor, shall be established in accordance with applicable Law Governmental Rules, including rules pertaining to Existing Utility Property Interests, and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A..
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner 6.3.4.3 Except for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer acquisition of any other real property interests shown on the ROW Plans (for which IFA is responsible to acquire), Design- Build Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property intereststherewith.
6.8.6.4 6.3.4.4 If for any reason Developer Design-Build Contractor is unable to collect any amounts owed due to Developer by Design-Build Contractor from any Utility Owner, then: then (a) TxDOT IFA shall have no liability for such amounts; , (b) Developer Design-Build Contractor shall have no right to collect such amounts from TxDOT IFA or to offset such amounts against amounts otherwise owing from Design-Build Contractor to Developer from TxDOT; andIFA, and (c) Design-Build Contractor shall have no right to stop Work, sue for mandamus, or to exercise any other remedies against IFA on account of such failure to pay.
6.3.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Design-Build Contractor shall coordinate with IFA and such local Governmental Entity regarding accounting for and approval of those costs.
6.3.4.6 Design-Build Contractor shall maintain a complete set of records for the costs of each Utility Adjustment under each Utility Agreement (whether incurred by Design-Build Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Design-Build Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Design-Build Contractor shall also indicate in these records the source of funds used for each such Utility Adjustment under each Utility Agreement. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the PPA Documents.
Appears in 1 contract
Samples: Public Private Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this its responsibility for Utility Adjustment Work costs either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its eligible costs of performing Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). Developer is solely responsible for collecting directly shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs incurred by Developer for which that are the Utility Owner is responsible Owner’s responsibility under applicable Law.
6.8.6.2 For each Utility Adjustment, the 7.5.4.2 The eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperXxxxxxxxx and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to DeveloperDeveloper from a Utility Owner, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient
7.5.4.7 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer 6.3.4.1 Design-Build Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Utility Easements, Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding (a) costs for acquisition of any other real property interests shown on the ROW Plans (for which IFA is responsible to acquire), (b) costs attributable to Betterment Betterments, and (c) any other costs for which the Utility Owner is responsible under applicable LawGovernmental Rules. Developer Design-Build Contractor shall fulfill this responsibility either by performing at its own cost the Utility Adjustment Work itself at its own cost if permitted by the Utility Owner (except that any assistance provided by any DeveloperDB-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2)Work. Developer Design-Build Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer Design-Build Contractor for Betterment costs or other costs incurred by Developer Design-Build Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.3.4.2 For each Utility AdjustmentAdjustment under Utility Agreements, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDesign- Build Contractor, as well as the determination of any Betterment or other costs due to DeveloperDesign-Build Contractor, shall be established in accordance with applicable Law Governmental Rules, including rules pertaining to Existing Utility Property Interests, and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A..
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner 6.3.4.3 Except for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer acquisition of any other real property interests shown on the ROW Plans (for which IFA is responsible to acquire), Design- Build Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property intereststherewith.
6.8.6.4 6.3.4.4 If for any reason Developer Design-Build Contractor is unable to collect any amounts owed due to Developer by Design-Build Contractor from any Utility Owner, then: then (a) TxDOT IFA shall have no liability for such amounts; , (b) Developer Design-Build Contractor shall have no right to collect such amounts from TxDOT IFA or to offset such amounts against amounts otherwise owing from Design-Build Contractor to Developer from TxDOT; andIFA, and (c) Design-Build Contractor shall have no right to stop Work, sue for mandamus, or to exercise any other remedies against IFA on account of such failure to pay.
6.3.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Design-Build Contractor shall coordinate with IFA and such local Governmental Entity regarding accounting for and approval of those costs.
6.3.4.6 Design-Build Contractor shall maintain a complete set of records for the costs of each Utility Adjustment under each Utility Agreement (whether incurred by Design-Build Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Design-Build Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Design-Build Contractor shall also indicate in these records the source of funds used for each such Utility Adjustment under each Utility Agreement. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the PPA Documents.
Appears in 1 contract
Samples: Public Private Agreement
Utility Adjustment Costs. 6.8.6.1 5.5.4.1 Subject to Section 6.8.15.5.4.2 and except for (a) costs under Type 1 Utility Adjustments, (b) costs for acquisition of any other real property interests shown on the ROW Maps (for which IFA is responsible to acquire) and (c) as otherwise provided in Section 18.1 of the Technical Provisions, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing at its own cost the Utility Adjustment Work itself at its own cost if permitted by the Utility Owner (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2in connection with Project Right of Way acquisition). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 5.5.4.2 For each Utility AdjustmentAdjustment under Developer Utility Agreements, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable IFA Utility Agreement(s) and Developer Utility Agreement(s).
5.5.4.3 Except for (a) costs under Type 1 Utility Adjustments, all (b) costs for acquisition of any other real property interests shown on the ROW Maps (for which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant IFA is responsible to acquire) and (c) as otherwise provided in Section 6.2.4 18.1 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including therewith, and shall reimburse IFA for any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing such compensation and costs IFA pays to Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interestsOwners.
6.8.6.4 5.5.4.4 If for any reason Developer is unable to collect any amounts owed to due to
5.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with IFA and such local Governmental Entity regarding accounting for and approval of those costs.
5.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment under each Developer Utility Agreement (whether incurred by any Developer or by the Utility Owner), then: (a) TxDOT in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall have no liability be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each such amounts; (b) Utility Adjustment under each Developer Utility Agreement. All records with respect to Utility Adjustment Work shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; andcomply with the record keeping and audit requirements of the PPA Documents.
Appears in 1 contract
Samples: Public Private Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.1Sections 7.5.4.2 and 7.5.4.7, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable LawLaw at the time of Adjustment. The Parties agree that as of the Effective Date, under Transportation Code, Section 203.092 the Utility Owner is responsible for 50% of the costs of Utility Adjustment Work, except for (i) Adjustments required for any portion of the Facility that is being constructed as part of an interstate highway, (ii) Adjustments as to which the Utility Owner has a compensable property interest in the land occupied by the Utility to be Adjusted, and (iii) Adjustments completed on or after September 1, 2013 which do not fall within either of the previous two exceptions. As of the Effective Date, Transportation Code, Section 203.092 further provides that for the exceptions under clauses (i) and (ii) above, the Utility Owner is responsible for none of the costs of the Utility Adjustment Work and for the exception under clause (iii) above, the Utility Owner is responsible for 100% of the costs of the Utility Adjustment Work. Subject to Sections 7.5.4.7 and 25.5.3, Developer shall fulfill this its responsibility for all or part of the costs of Utility Adjustment Work either by performing the Utility Adjustment Work itself at its own cost (although Developer may seek reimbursement from the Utility Owner for its share, if any, of such costs and except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Developer’s share of the Utility Owner’s eligible costs of performing Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). Developer is solely responsible for collecting directly shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs incurred by Developer for which that are the Utility Owner is responsible Owner’s responsibility under applicable Law.
6.8.6.2 7.5.4.2 For each Utility Adjustment, the eligibility of particular Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of Xxxxxxxxx and any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.credits due
6.8.6.3 7.5.4.3 For each Utility AdjustmentAdjustment required to be performed by Developer under Section 7.5.1, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner by Developer under Section 7.5.4.1 and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, Interest as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOTshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the FA Documents.
7.5.4.7 TxDOT shall directly pay the costs due and owing to Oncor under applicable Law and the terms of the Master Utility Adjustment Agreement (Owner-Managed) with Oncor for the Adjustment of the Oncor Utility; andprovided such Utility Agreement is entered into in accordance with the applicable provisions of the FA Documents. For the avoidance of doubt, TxDOT shall have no liability for the cost of Oncor Utility Enhancements.
7.5.4.8 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 1 contract
Samples: Facility Agreement
Utility Adjustment Costs. 6.8.6.1 6.7.6.1. Subject to Section 6.8.16.7.1, Developer DB Contractor is responsible for all eligible costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.7.6.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.7.6.3. For each Utility Adjustment, Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer DB Contractor is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer DB Contractor in Section 6.2 of the Agreement this DBA and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 6.7.6.4. If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (c) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.7.6.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.7.6.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the DBA Documents.
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperXxxxxxxxx, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; and
Appears in 1 contract
Samples: Development Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer Design-Build Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Utility Easements, Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding (a) costs for acquisition of any other real property interests shown on the ROW Plans (for which IFA is responsible to acquire), (b) costs attributable to Betterment Betterments, and (c) any other costs for which the Utility Owner is responsible under applicable LawGovernmental Rules. Developer Design-Build Contractor shall fulfill this responsibility either by performing at its own cost the Utility Adjustment Work itself at its own cost if permitted by the Utility Owner (except that any assistance provided by any DeveloperDB-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2)Work. Developer Design-Build Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer Design-Build Contractor for Betterment costs or other costs incurred by Developer Design-Build Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 . For each Utility AdjustmentAdjustment under Utility Agreements, the eligibility of Utility Owner costs (both indirect and direct, including inspection and review costs) for reimbursement by DeveloperDesign-Build Contractor, as well as the determination of any Betterment or other costs due to DeveloperDesign-Build Contractor, shall be established in accordance with applicable Law Governmental Rules, including rules pertaining to Existing Utility Property Interests, and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner . Except for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer acquisition of any other real property interests shown on the ROW Plans (for which IFA is responsible to acquire), Design- Build Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2therewith. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer Design-Build Contractor is unable to collect any amounts owed due to Developer by Design-Build Contractor from any Utility Owner, then: then (a) TxDOT IFA shall have no liability for such amounts; , (b) Developer Design-Build Contractor shall have no right to collect such amounts from TxDOT IFA or to offset such amounts against amounts otherwise owing from Design-Build Contractor to Developer from TxDOT; andIFA, and (c) Design-Build Contractor shall have no right to stop Work, sue for mandamus, or to exercise any other remedies against IFA on account of such failure to pay. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Design-Build Contractor shall coordinate with IFA and such local Governmental Entity regarding accounting for and approval of those costs. Design-Build Contractor shall maintain a complete set of records for the costs of each Utility Adjustment under each Utility Agreement (whether incurred by Design-Build Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Design-Build Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Design-Build Contractor shall also indicate in these records the source of funds used for each such Utility Adjustment under each Utility Agreement. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the PPA Documents.
Appears in 1 contract
Samples: Public Private Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to (a) Except as provided in Section 6.8.13.14.1 or Section 12, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.23.13.4). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 (b) For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 (c) For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; andSection
Appears in 1 contract
Samples: Development Agreement
Utility Adjustment Costs. 6.8.6.1 6.8.7.1. Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding (a) costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law, (b) costs of any reimbursements to Oncor payable under the Oncor Agreement for the Oncor Transmission Lines Relocation, and (c) costs of any Utility Adjustment Work required to be performed by TxDOT or its agent under the Oncor Agreement. Developer DB Contractor shall Texas Department of Transportation Horseshoe Project August 29,September 17, 2012 48 RFP Addendum 12 Design-Build Agreement fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions, and that DB Contractor shall be reimbursed by TxDOT for the actual cost of any Utility Adjustment Work required to be performed under the Oncor Agreement that is performed or furnished by DB Contractor, in accordance with Section 6.8.4.5), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Oncor for Oncor Transmission Lines Relocation costs or to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.8.7.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.8.7.3. For each Utility AdjustmentAdjustment (other than an Utility Adjustment required to be performed under the Oncor Agreement), Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's '’s claim. Developer DB Contractor is advised that in some cases reimbursement of the Utility Owner's '’s acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's DB Contractor'’s behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer DB Contractor in Section 6.2 of the this Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 6.8.7.4. If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (c) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.8.7.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.7.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Texas Department of Transportation Horseshoe Project August 29,September 17, 2012 49 RFP Addendum 12 Design-Build Agreement Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the Contract Documents.
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). .
7.5.4.2 Developer is solely acknowledges and agrees that under applicable Law, the Utility Owners (a) are entitled to reimbursement of all their costs properly attributable to Utility Adjustments required for the Project and (b) are not responsible for collecting directly from the any Utility Owner any reimbursement due to Developer for Betterment costs or other Adjustment costs incurred by Developer except for which the Betterments. Developer shall reimburse each Utility Owner is responsible under applicable Law.
6.8.6.2 For for its eligible costs for each Utility Adjustment, the . The eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperXxxxxxxxx and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format
7.5.4.7 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 6.8.6.1. Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.8.6.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.8.6.3. For each Utility Adjustment, Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of , or DB Contractor may reimburse the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirementa
6.8.6.4. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (ai) TxDOT shall have no liability for such amounts; (bii) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (iii) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.8.6.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.6.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the DBA Documents. This Work includes the deliverables identified in the final closeout procedures of Section 6.5.3
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). .
7.5.4.2 Developer is solely acknowledges and agrees that under applicable Law, the Utility Owners (a) are entitled to reimbursement of all their costs properly attributable to Utility Adjustments required for the Project and (b) are not responsible for collecting directly from the any Utility Owner any reimbursement due to Developer for Betterment costs or other Adjustment costs incurred by Developer except for which the Betterments. Developer shall reimburse each Utility Owner is responsible under applicable Law.
6.8.6.2 For for its eligible costs for each Utility Adjustment, the . The eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDeveloper and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the CDA Documents.
7.5.4.7 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 6.8.6.1. Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.8.6.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.established
6.8.6.3 6.8.6.3. For each Utility Adjustment, Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim, or DB Contractor may reimburse the Utility Owner's acquisition costs for a Replacement Utility Property Interest. Developer The Utility Owner will determine which method of Existing Utility Property Interest relinquishment is satisfactory. DB Contractor is advised that in some cases reimbursement of the Utility Owner's ’s acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out be responsible for all eligible costs of right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for compensating the same duties for acquisition of an Utility Owner or replacing each Existing Utility Property Interest, as are assigned to Developer including all costs and expenses associated with negotiation and condemnation action. DB Contractor shall also carry out the duties in Section 6.2 of the Agreement and Section 6.2.4 6.2.4.2 of the Technical Provisions for the acquisition of any other necessary real property interestsProvisions.
6.8.6.4 6.8.6.4. If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (ai) TxDOT shall have no liability for such amounts; (bii) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (iii) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.8.6.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.6.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the DBA Documents. This Work includes the deliverables identified in the final closeout procedures of Section 6.5.3
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 6.5.6.1. Subject to Section 6.8.16.5.1 and Section 6.5.3, Developer DB Contractor is responsible for all eligible costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.5.6.2. For each Utility Adjustment, Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer DB Contractor is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise).
6.5.6.3. TxDOT anticipates entering into a bilateral Advance Funding Agreement (“AFA”) with any local Governmental Entity which participates in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 any portion of the Utility Adjustment Costs. Under an AFA, the local Governmental Entity would advance its required payment of Utility Adjustment costs to TxDOT, which would place these funds in escrow and in turn use such funds to pay DB Contractor for the local Governmental Entity’s share of the Utility Adjustment costs. Assuming an AFA is executed as expected, DB Contractor would not enter into a Utility Agreement with such local Governmental Entity and DB Contractor may assume additional responsibilities under this Agreement as set forth in the AFA. Notwithstanding Section 6.5 or Section 12.1.2, the Price shall not include the share of the Utility Adjustment costs for which the local Governmental Entity is responsible. TxDOT will provide any AFA to DB Contractor upon execution.
6.5.6.4. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and Section 6.2.4 in sufficient detail for analysis. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the Technical Provisions for the acquisition of any other necessary real property interestsDBA Documents.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; and
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer DB Contractor shall (a) compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of , or (b) reimburse the Utility Owner's reasonable acquisition costs for a Replacement Utility Property Interest Interest. The Utility Owner will satisfy this requirementdetermine which method of compensation is satisfactory. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out be responsible for all eligible costs of right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for compensating the same duties for acquisition of an Utility Owner or replacing each Existing Utility Property Interest, as are assigned to Developer including all costs and expenses associated with negotiation and condemnation action. DB Contractor shall also carry out the duties in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 If for any reason Developer is unable to collect any amounts owed to Developer by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer from TxDOT; and6.2.4.2
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 6.8.7.1. Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding (a) costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law, (b) costs of any reimbursements to Oncor payable under the Oncor Agreement for the Oncor Transmission Lines Relocation, and (c) costs of any Utility Adjustment Work required to be performed by TxDOT or its agent under the Oncor Agreement. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions, and that DB Contractor shall be reimbursed by TxDOT for the actual cost of any Utility Adjustment Work required to be performed under the Oncor Agreement that is performed or furnished by DB Contractor, in accordance with Section 6.8.4.5), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Oncor for Oncor Transmission Lines Relocation costs or to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.8.7.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.8.7.3. For each Utility AdjustmentAdjustment (other than an Utility Adjustment required to be performed under the Oncor Agreement), Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's '’s claim. Developer DB Contractor is advised that in some cases reimbursement of the Utility Owner's '’s acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's DB Contractor'’s behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer DB Contractor in Section 6.2 of the this Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 6.8.7.4. If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (c) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.8.7.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.7.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the Contract Documents.
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 5.5.4.1 Subject to Section 6.8.15.5.4.2 and except for (a) costs under Type 1 Utility Adjustments, (b) costs for acquisition of any other real property interests shown on the ROW Maps (for which IFA is responsible to acquire) and (c) as otherwise provided in Section 18.1 of the Technical Provisions, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing at its own cost the Utility Adjustment Work itself at its own cost if permitted by the Utility Owner (except that any assistance provided by any Developer-Developer- Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2in connection with Project Right of Way acquisition). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 5.5.4.2 For each Utility AdjustmentAdjustment under Developer Utility Agreements, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable IFA Utility Agreement(s) and Developer Utility Agreement(s).
5.5.4.3 Except for (a) costs under Type 1 Utility Adjustments, all (b) costs for acquisition of any other real property interests shown on the ROW Maps (for which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant IFA is responsible to acquire) and (c) as otherwise provided in Section 6.2.4 18.1 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including therewith, and shall reimburse IFA for any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer shall carry out the same duties for acquisition of an Existing such compensation and costs IFA pays to Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interestsOwners.
6.8.6.4 5.5.4.4 If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT IFA shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT IFA or to offset such amounts against amounts otherwise owing from Developer to IFA, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against IFA on account of such failure to pay.
5.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with IFA and such local Governmental Entity regarding accounting for and approval of those costs.
5.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment under each Developer Utility Agreement (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each such Utility Adjustment under each Developer Utility Agreement. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the PPA Documents.
Appears in 1 contract
Samples: Public Private Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this its responsibility for Utility Adjustment Work costs either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its eligible costs of performing Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). Developer is solely responsible for collecting directly shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs incurred by Developer for which that are the Utility Owner is responsible Owner’s responsibility under applicable Law.
6.8.6.2 For each Utility Adjustment, the 7.5.4.2 The eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperXxxxxxxxx and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to DeveloperDeveloper from a Utility Owner, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the CDA Documents.
7.5.4.7 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Utility Adjustment Costs. 6.8.6.1 6.8.6.1. Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.8.6.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.8.6.3. For each Utility Adjustment, Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim, or DB Contractor may reimburse the Utility Owner's acquisition costs for a Replacement Utility Property Interest. Developer The Utility Owner will determine which method of Existing Utility Property Interest relinquishment is satisfactory. DB Contractor is advised that in some cases reimbursement of the Utility Owner's ’s acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out be responsible for all eligible costs of right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for compensating the same duties for acquisition of an Utility Owner or replacing each Existing Utility Property Interest, as are assigned to Developer including all costs and expenses associated with negotiation and condemnation action. DB Contractor shall also carry out the duties in Section 6.2 of the Agreement and Section 6.2.4 6.2.4.2 of the Technical Provisions for the acquisition of any other necessary real property interestsProvisions.
6.8.6.4 6.8.6.4. If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (ai) TxDOT shall have no liability for such amounts; (bii) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (iii) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.8.6.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.6.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit
6.8.6.7. DB Contractor acknowledges that the Price includes the following cost responsibility for Utility Adjustments in accordance with Transportation Code 203.092 as determined by the project type. Specifically on toll roads, the following applies: (a) where the Utility Owner does not have a compensable property interest in the land occupied by the facility to be relocated, DB Contractor and the Utility Owner shall share equally the cost of Adjustments for both Owner Managed and DB Contractor Managed Utility Agreements, and (b) where the Utility Owner has a compensable property interest in the land occupied by the facility to be relocated, DB Contractor is responsible for 100% of eligible cost of Adjustments for both Owner Managed and DB Contractor Managed Utility Agreements.
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 6.8.6.1. Subject to Section 6.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or other costs incurred by Developer DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 6.8.6.2. For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDB Contractor, as well as the determination of any Betterment or other costs due to DeveloperDB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 6.8.6.3. For each Utility Adjustment, Developer DB Contractor shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer DB Contractor is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer DB Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on DeveloperDB Contractor's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.2. Developer DB Contractor shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer DB Contractor in Section 6.2 of the this Agreement and Section 6.2.4 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 6.8.6.4. If for any reason Developer DB Contractor is unable to collect any amounts owed to Developer DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) Developer DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to Developer DB Contractor from TxDOT; andand (c) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
6.8.6.5. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, DB Contractor shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
6.8.6.6. DB Contractor shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by DB Contractor or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and DB Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. DB Contractor also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the Contract Documents.
Appears in 1 contract
Samples: Design Build Agreement
Utility Adjustment Costs. 6.8.6.1 7.5.4.1 Subject to Section 6.8.17.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this its responsibility for Utility Adjustment Work costs either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its eligible costs of performing Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.27.4). Developer is solely responsible for collecting directly shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs incurred by Developer for which that are the Utility Owner is responsible Owner’s responsibility under applicable Law.
6.8.6.2 For each Utility Adjustment, the 7.5.4.2 The eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DeveloperDeveloper and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to DeveloperDeveloper from a Utility Owner, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 7.5.4.3 For each Utility Adjustment, Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner's claim. Developer is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer's behalf for eminent domain proceedings or otherwise) in accordance with Section 6.27.4. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Section 6.2 of the Agreement 7.4 and Section 6.2.4 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
6.8.6.4 7.5.4.4 Developer is solely responsible for collecting directly from the Utility Owner any amounts owed to Developer by the Utility Owner. If for any reason Developer is unable to collect any amounts owed due to Developer by from any Utility Owner, then: then (a) TxDOT shall have no liability for such amounts; , (b) Developer shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing from Developer to TxDOT, and (c) Developer from TxDOT; andshall have no right to stop Work or to exercise any other remedies against TxDOT on account of such failure to pay.
7.5.4.5 If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Developer shall coordinate with TxDOT and such local Governmental Entity regarding accounting for and approval of those costs.
7.5.4.6 Developer shall maintain a complete set of records for the costs of each Utility Adjustment (whether incurred by Developer or by the Utility Owner), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Developer also shall indicate in these records the source of funds used for each Utility Adjustment. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the CDA Documents.
7.5.4.7 Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Adjustment, whether performed by Developer or by the Utility Owner, except as provided in Article 13.
Appears in 1 contract
Samples: Comprehensive Development Agreement
