Utility Adjustments. Developer is responsible for causing, in accordance with the Project Schedule, all Utility Adjustment Work necessary to accommodate the design and construction of the Project. All Utility Adjustment Work performed by Developer shall comply with the Contract Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the Contract Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 13, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project ROW) are compatible with the Project. Developer agrees that: (a) the Price (as it may be modified hereunder) covers all of the Utility Adjustment Work to be furnished, performed or paid for by Developer, (b) it is feasible to obtain and/or perform all necessary Utility Adjustments within the time deadlines of the Contract Documents (as they may be modified pursuant to Section 13), and (c) the Price includes contingencies deemed adequate by Developer to account for the potential risks of additional costs and delays relating to Utility Adjustments, except to the extent that an adjustment to the Price is permitted under this Section 6.8 and in accordance with Section 13.
Utility Adjustments. DB Contractor shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until TxDOT issues NTP2, all of the conditions set forth in Section 4.4.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, and the following additional requirements have been satisfied:
(a) If applicable, the Alternate Procedure List has been approved by FHWA, and either the affected Utility or the Utility Owner is on the approved Alternate Procedure List, as supplemented.
(b) The Utility Adjustment is covered by an executed Utility Agreement.
(c) The review and comment process has been completed and any required approvals have been obtained for the Utility Assembly covering the Utility Adjustment.
Utility Adjustments. Developer shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until TxDOT issues NTP2, all of the conditions set forth in Section 3.8.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, and the following additional requirements have been satisfied:
(a) If applicable, the Alternate Procedure List has been approved by FHWA, and either the affected Utility or the Utility Owner is on the approved Alternate Procedure List, as supplemented;
(b) The Utility Adjustment is covered by an executed Utility Agreement; and
(c) The review and comment process has been completed and any required approvals have been obtained for the Utility Assembly covering the Utility Adjustment.
Utility Adjustments. Developer shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until TxDOT issues NTP2 (and, with respect to construction of a Utility Adjustment included in the Construction Work with respect to the General Purpose Lane Capacity Improvement, Interchange Capacity Improvement, or Managed Lane Capacity Improvement, until TxDOT issues NTP GP, NTP IC, or NTP ML (respectively)), all of the conditions set forth in Section 7.6.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, and the following additional requirements have been satisfied:
7.6.2.1 If applicable, the Alternate Procedure List has been approved by FHWA, and either the affected Utility or the Utility Owner is on the approved Alternate Procedure List, as supplemented;
7.6.2.2 Except as otherwise provided in Section 7.5.7.4, the Utility Adjustment is covered by an executed Utility Agreement; and
7.6.2.3 The review and comment process has been completed and any required approvals have been obtained for the Utility Assembly covering the Utility Adjustment.
Utility Adjustments. DB Contractor is responsible for causing, in accordance with the Project Schedule, all Utility Adjustment Work necessary to accommodate the design and construction of the Project. All Utility Adjustment Work performed by DB Contractor shall comply with the Contract Documents. DB Contractor shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the Contract Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 13, DB Contractor shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project ROW) are compatible with the Project. DB Contractor agrees that: (a) the Price (as it may be modified hereunder) covers all of the Utility Adjustment Work to be furnished, performed or paid for by DB Contractor, (b) it is feasible to obtain and/or perform all necessary Utility Adjustments within the time deadlines of the Contract Documents (as they may be modified pursuant to Section 13), and (c) the Price includes contingencies deemed adequate by DB Contractor to account for the potential risks of additional costs and delays relating to Utility Adjustments, except to the extent that an adjustment to the Price is permitted under this Section 6.7 and in accordance with Section 13.
Utility Adjustments. 5.6.2.1 Developer shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until IFA issues NTP2, all of the conditions set forth in Section 5.6.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, and the following additional requirements have been satisfied:
5.6.2.2 The Utility Adjustment is covered by an executed Developer Utility Agreement or IFA Utility Agreement;
5.6.2.3 All rights of access acceptable to IFA in its good faith discretion for such Utility Adjustment have been obtained; and
5.6.2.4 Developer has obtained any IFA review and approval of a Utility Adjustment Plan or other matters respecting the Utility Adjustment that are required under any applicable federal requirements.
Utility Adjustments. Developer shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until TxDOT issues NTP2 (and, with respect to construction of a Utility Adjustment included in the Construction Work with respect to the IH 35E Capacity Improvement Section, until TxDOT issues NTP3), all of the conditions set forth in Section 7.6.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, and the following additional requirements have been satisfied:
7.6.2.1 If applicable, the Alternate Procedure List has been approved by FHWA, and either the affected Utility or the Utility Owner is on the approved Alternate Procedure List, as supplemented;
7.6.2.2 Except as otherwise provided in Section 7.5.7.4, the Utility Adjustment is covered by an executed Utility Agreement; and
7.6.2.3 The review and comment process has been completed and any required approvals have been obtained for the Utility Assembly covering the Utility Adjustment.
Utility Adjustments. Developer shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until TxDOT issues NTP2, all of the conditions set forth in Section 7.6.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, and the following additional requirements have been satisfied:
7.6.2.1 If applicable, the Alternate Procedure List has been approved by FHWA, and either the affected Utility or the Utility Owner is on the approved Alternate Procedure List, as supplemented;
7.6.2.2 Except as otherwise provided in Section 7.5.7.4, the Utility Adjustment is covered by an executed Utility Agreement; and
7.6.2.3 The review and comment process has been completed and any required approvals have been obtained for the Utility Assembly covering the Utility Adjustment.
Utility Adjustments. DB Contractor is responsible for causing, in accordance with the Project Schedule, all Utility Adjustment Work necessary to accommodate the design and construction of the Project. All Utility Adjustment Work performed by DB Contractor shall comply with the DBA Documents. DB Contractor shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the DBA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 13, DB Contractor shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project ROW) are compatible with the Project. DB Contractor agrees that: (a) the Price (as it may be modified hereunder) covers all of the Utility Adjustment Work to be furnished, performed or paid for by DB Contractor, (b) it is feasible to obtain and/or perform all necessary Utility Adjustments within the time deadlines of the DBA Documents (as they may be modified pursuant to Section 13), and
Utility Adjustments. Developer is responsible for causing, in accordance with the Project Schedule, all Utility Adjustment Work necessary to accommodate the design and construction of the Project. All Utility Adjustment Work performed by Developer shall comply with the CDA Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 13, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project ROW) are compatible with the Project. TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Project which require the easement holders to relocate at their own expense, subject, however, to any provisions of applicable Law affecting the easement holder’s payment obligations for Utility Adjustments. Developer agrees that: (a) the Price (as it may be modified hereunder) covers all of the Utility Adjustment Work to be furnished, performed or paid for by Developer, (b) it is feasible to obtain and/or perform all necessary Utility Adjustments within the time deadlines of the CDA Documents (as they may be modified pursuant to Section 13), and (c) the Price includes contingencies deemed adequate by Developer to account for the potential risks of additional costs and delays relating to Utility Adjustments, except to the extent that an adjustment to the Price is permitted under this Section 6.8 and in accordance with Section 13.
