Common use of Utility Adjustments Clause in Contracts

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.

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 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 CDA Contract Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 1312, 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 or perform all necessary Utility Adjustments within the time deadlines of the CDA Contract Documents (as they may be modified pursuant to Section 1312), 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 3.13 and in accordance with Section 1312. The Utility Adjustment Work for Utilities owned by the City of Corpus Christi is included in the Work and the Price includes the Developer’s Utility coordination and permitting costs associated with such Utilities but excludes all other costs associated with relocating such Utilities. Developer shall not be required to enter into a XXXX with the City of Corpus Christi and shall be entitled to a Change Order increasing the Price for performing Utility Adjustment Work for Utilities owned by the City of Corpus Christi as set forth below. TxDOT and Developer will negotiate in good faith a price and terms for such Utility Adjustment Work with each other and the City of Corpus Christi, which will be memorialized in an agreement based on the draft agreement included in the RID entitled An Agreement for the Adjustment of Municipal Utilities and incorporating such amendments thereto as are mutually agreed by TxDOT, the Developer and the City of Corpus Christi during such negotiations. TxDOT and Developer intend to enter into a Change Order increasing the Price to account for the costs of such Utility Adjustment Work (other than Developer’s costs associated with Utility coordination costs and permitting) upon finalization of the agreement between TxDOT and the City of Corpus Christi. Developer shall segregate Draw Requests for such Change Order Work in accordance with Section 11.2.1. Subject to the following paragraph of this Section 3.13, the Developer shall not be entitled to a time extension pursuant to the Change Order negotiated in accordance with this Section 3.13. If the City of Corpus Christi fails to cooperate in good faith with TxDOT and the Developer to negotiate the price and terms for the performance of Utility Adjustment Work for Utilities owned by the City of Corpus Christi and such failure causes a delay to the Critical Path, subject to the restrictions and limitations set forth in Section 12, the delay shall be borne equally by each Party (i.e., any affected Completion Deadline shall be extended by one day for every two full days of a delay to a Critical Path that is directly attributable to the City’s failure to cooperate with the Developer and/or TxDOT in performing Utility Adjustment Work within the time period reasonably scheduled by Developer for performance of such work (the “City Utility Delay”)). If a City Utility Delay is concurrent with another delay which is Developer’s responsibility hereunder, Developer shall not be entitled to a time extension on account of such City Utility Delay. If a City Utility Delay is concurrent with another City Utility Delay or with a Utility Owner Delay by another Utility Owner, only one of the delays shall be counted. If a City Utility Delay is concurrent with any other delay for which Developer is entitled to a time extension under Section 12, the delay shall be deemed a City Utility Delay and the provisions of this Section 3.13 shall apply.

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 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 CDA Contract Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 1312, 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 or perform all necessary Utility Adjustments within the time deadlines of the CDA Contract Documents (as they may be modified pursuant to Section 1312), 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 3.14 and in accordance with Section 1312. TxDOT expects to enter into Advance Funding Agreements for Voluntary Municipal Utility Relocation Contributions on State Highway Improvement Projects (an “AFA”) with municipalities that are obligated to pay a portion of the costs of certain Utility Adjustment Work for the Project. Assuming the AFA is entered into as expected, Developer would not enter into a utility relocation agreement with such municipalities. Under an AFA, the applicable municipality would advance its required payment of costs for the Utility Adjustment Work to TxDOT to be held in escrow. TxDOT would then use such funds to pay Developer for the applicable municipality’s share of the costs for such Utility Adjustment Work. The applicable municipality shall be responsible for paying its entire share of the costs for the applicable Utility Adjustment Work and such costs shall not be included in the Price. Instead, Developer shall have the right to invoice and collect payment for such work separately to TxDOT to be paid from the applicable escrowed funds. TxDOT will notify Developer upon entering into an AFA for the Project.

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 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 CDA Contract Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 1312, 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 Xxxxxxxxx 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 or perform all necessary Utility Adjustments within the time deadlines of the CDA Contract Documents (as they may be modified pursuant to Section 1312), 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 3.13 and in accordance with Section 1312. The Utility Adjustment Work for Utilities owned by the City of Corpus Christi is included in the Work and the Price includes the Developer’s Utility coordination and permitting costs associated with such Utilities but excludes all other costs associated with relocating such Utilities. Developer shall not be required to enter into a XXXX with the City of Corpus Christi and shall be entitled to a Change Order increasing the Price for performing Utility Adjustment Work for Utilities owned by the City of Corpus Christi as set forth below. TxDOT and Xxxxxxxxx will negotiate in good faith a price and terms for such Utility Adjustment Work with each other and the City of Corpus Christi, which will be memorialized in an agreement based on the draft agreement included in the RID entitled An Agreement for the Adjustment of Municipal Utilities and incorporating such amendments thereto as are mutually agreed by TxDOT, the Developer and the City of Corpus Christi during such negotiations. TxDOT and Developer intend to enter into a Change Order increasing the Price to account for the costs of such Utility Adjustment Work (other than Developer’s costs associated with Utility coordination costs and permitting) upon finalization of the agreement between TxDOT and the City of Corpus Christi. Developer shall segregate Draw Requests for such Change Order Work in accordance with Section 11.2.1. Subject to the following paragraph of this Section 3.13, the Developer shall not be entitled to a time extension pursuant to the Change Order negotiated in accordance with this Section 3.13. If the City of Corpus Christi fails to cooperate in good faith with TxDOT and the Developer to negotiate the price and terms for the performance of Utility Adjustment Work for Utilities owned by the City of Corpus Christi and such failure causes a delay to the Critical Path, subject to the restrictions and limitations set forth in Section 12, the delay shall be borne equally by each Party (i.e., any affected Completion Deadline shall be extended by one day for every two full days of a delay to a Critical Path that is directly attributable to the City’s failure to cooperate with the Developer and/or TxDOT in performing Utility Adjustment Work within the time period reasonably scheduled by Developer for performance of such work (the “City Utility Delay”)). If a City Utility Delay is concurrent with another delay which is Xxxxxxxxx’s responsibility hereunder, Developer shall not be entitled to a time extension on account of such City Utility Delay. If a City Utility Delay is concurrent with another City Utility Delay or with a Utility Owner Delay by another Utility Owner, only one of the delays shall be counted. If a City Utility Delay is concurrent with any other delay for which Developer is entitled to a time extension under Section 12, the delay shall be deemed a City Utility Delay and the provisions of this Section 3.13 shall apply.