Utility Agreements. 6.8.3.1 As described in the Technical Provisions, DB Contractor is responsible for preparing and entering into Utility Agreements with the Utility Owners, and TxDOT agrees to cooperate as reasonably requested by DB Contractor in pursuing Utility Agreements, including attendance at negotiation sessions and review of Utility Agreements. TxDOT is not providing any assurances to DB Contractor that the Utility Owners will accept, without modification, the standard Utility Agreement forms specified in the Technical Provisions. DB Contractor is solely responsible for the terms and conditions of all PUAAs and UAAAs into which it enters (subject to the requirements of the Contract Documents, including Section 6.1.3 of the Technical Provisions). Utility Agreements entered into by DB Contractor shall not be considered Contract Documents. DB Contractor shall not be entitled to any increase in the Price or to any time extension on account of the terms of any Utility Agreement (including those related to any Betterment).
6.8.3.2 TxDOT will not be a party to the Utility Agreements; however, DB Contractor shall cause the Utility Agreements to designate TxDOT as an intended third-party beneficiary thereof and to permit assignment of DB Contractor’s right, title and interest thereunder to TxDOT without necessity for Utility Owner consent. DB Contractor shall not enter into any agreement with a Utility Owner that purports to bind TxDOT in any way, unless TxDOT has executed such agreement as a party thereto. However, TxDOT's signature indicating approval or review of an agreement between DB Contractor and a Utility Owner, or its status as a third-party beneficiary, shall not bind TxDOT as a party to such agreement.
6.8.3.3 If a conflict occurs between the terms of a Utility Agreement and those of the Contract Documents, the terms that establish the higher quality, manner or method of performing Utility Adjustment Work, establish better Good Industry Practice, or use more stringent standards shall prevail between DB Contractor and TxDOT.
6.8.3.4 DB Contractor shall comply with and timely perform all obligations imposed on DB Contractor by any Utility Agreement.
6.8.3.5 Each Utility Adjustment (whether performed by DB Contractor or by the Utility Owner) shall comply with the Adjustment Standards in effect as of the Proposal Due Date, together with any subsequent amendments and additions to those standards that: (a) are necessary to conform to applicable Law, or (b) are adopted ...
Utility Agreements. 7.5.2.1 As described in Section 6 of the Technical Provisions, Developer is responsible for preparing and entering into Utility Agreements with the Utility Owners, and TxDOT agrees to cooperate as reasonably requested by Developer in pursuing Utility Agreements, including attendance at negotiation sessions and review of Utility Agreements. TxDOT is not providing any assurances to Developer that the Utility Owners will accept, without modification, the standard Utility Agreement forms specified in Section 6.1.4 of the Technical Provisions; Developer is solely responsible for the terms and conditions of all Master Utility Adjustment Agreements (“MUAAs”) and Utility Adjustment Agreement Amendments (“UAAAs”) into which it enters (subject to the requirements of the CDA Documents, including Section 6.1.4 of the Technical Provisions). TxDOT will not be a party to the Utility Agreements; however, Developer shall cause the Utility Agreements to designate TxDOT as an intended third-party beneficiary thereof and to permit assignment of Developer’s right, title and interest thereunder to TxDOT without necessity for Utility Owner consent. Developer shall not enter into any agreement with a Utility Owner that purports to bind TxDOT in any way, unless TxDOT has executed such agreement as a party thereto (TxDOT's signature indicating approval or review of an agreement between Developer and a Utility Owner, or its status as a third-party beneficiary, shall not satisfy this requirement).
7.5.2.2 If a conflict occurs between the terms of an agreement between Developer and a Utility Owner and those of the CDA Documents, the terms that establish the higher quality, manner or method of performing Utility Adjustment Work, establish better Good Industry Practice, or use more stringent standards shall prevail between Developer and TxDOT; if the foregoing criteria are not relevant to the terms at issue, then the CDA Documents shall prevail, unless expressly provided otherwise in the CDA Documents.
7.5.2.3 Developer shall comply with and timely perform all obligations imposed on Developer by any Utility Agreement.
Utility Agreements. If a utility is located within an easement, the utility company may have a compensable interest. The utility company must furnish a copy of their easement to the Utility Coordinator. The Utility Coordinator shall determine whether or not a compensable interest exists and the owner’s degree of eligibility. The Utility Coordinator shall assist the utility company with adjustment plans and cost estimate for these adjustments. The Utility Coordinator shall review plans to ensure compliance with UAR and ensure the proposal will not conflict with highway construction. The Utility Coordinator shall submit a copy of the easement, plans, and estimate to the State by letter recommending approval (6 copies of each). The utility should be reimbursed all cost incurred within their easement limits for replacement in kind.
Utility Agreements. The A/E shall review each agreement between a public utility and the using agency to confirm that the proposed utility service capacity, equipment, entrance location(s) and routing path has been provided to meet the requirements of the project design. The A/E shall include all utility costs in the Proposed Project Cost Budget (PPCB) form at 100% design submittal.
Utility Agreements. 5.5.2.1 Prior to the Effective Date IFA entered into the IFA Utility Agreements described in Section 15 to the Technical Provisions. Each IFA Utility Agreement identifies, in concept, the portion of the Utility Adjustment Work for which Developer and the Utility Owner, respectively, will be responsible. Each IFA Utility Agreement also identifies the basis for compensation, preliminary engineering agreements, extent of design reviews, allowable Utility Adjustment Work by Developer or its utility Contractor, and other basic information. Developer is hereby delegated, and xxxxxx accepts, the responsibilities and obligations of IFA under the IFA Utility Agreements. Developer shall comply with, be bound by and timely perform all such responsibilities and obligations except to the extent specifically subsequently changed by a Developer Utility Agreement between Developer and the applicable Utility Owner, only if such Developer Utility Agreement expressly relieves IFA for default or other liability under the IFA Utility Agreement with such applicable Utility Owner with respect to the changed responsibility or obligation, and so long as Developer provides Notice to IFA of such change in the delegated IFA responsibilities and obligations under the IFA Utility Agreement (with an executed copy of such subsequent Developer Utility Agreement attached to such Notice, certified as true and correct by such Utility Owner) no later than ten (10) days after the effective date of such Developer Utility Agreement.
Utility Agreements. 7.5.2.1 As described in Section 6 of the Technical Provisions, Developer is responsible for preparing, negotiating and entering into Utility Agreements with the Utility Owners, using the standard Utility Agreement forms specified in Section 6.1
Utility Agreements. If a utility is located within an easement, the Utility Coordinator shall determine whether a compensable interest exists and the owner’s degree of eligibility. The Utility Coordinator shall assist the utility company with adjustment plans and cost estimate for these adjustments. The Utility Coordinator shall review plans to ensure compliance with the County Utility Design Criteria Guidelines or governing agency utility criteria, if applicable, and to ensure that the proposed adjustments will not conflict with roadway construction. The Utility Coordinator will submit 4 original Standard Utility Agreement packages along with attachments to the County or its Designated Representative by letter recommending approval.
Utility Agreements.
6.3.2.1 Design-Build Contractor is responsible for preparing, negotiating and presenting to IFA for execution instruction-specific, construction-detailed Utility Agreements with all Utility Owners, regardless of whether the Utility Owners are identified in the Reference Information Documents, prior to commencement of any Utility Adjustment Work for each such Utility Owner. The general procedures and framework for preparing Utility Agreements and processing utility issues within the Project area shall comply with Section 13 of the Technical Provisions and shall follow the standard practices of the respective Utility Owners for such Utility Agreements, which in each case shall not be less than Good Industry Practice. Design-Build Contractor shall sign each Utility Agreement acknowledging and agreeing to be bound by the terms and parameters.
6.3.2.2 Each Utility Agreement shall clearly specify and distinguish the scope of Utility Adjustment Work Design-Build Contractor is to perform, and the scope the Utility Owner is to perform. Each Design-Build Contractor Utility Agreement shall contain provisions for payments, payment terms, controlling specifications, and work description. Each Design-Build Contractor Utility Agreement shall also include specific procedures for resolving scheduling, design, construction, and payment issues arising due to errors or omissions in information the Utility Owner provides to Design-Build Contractor.
6.3.2.3 IFA agrees to cooperate as reasonably requested by Design- Build Contractor in pursuing Utility Agreements, including attendance at negotiation sessions and review of Utility Agreements. Design-Build Contractor shall keep IFA informed of the status of any such negotiations. Design-Build Contractor shall submit each such Utility Agreement and supplements and amendments thereto to IFA for approval in its reasonable discretion, in accordance with the procedures described in Section 3.2.
6.3.2.4 Design-Build Contractor is solely responsible for the terms and conditions of all Utility Agreements (subject to the requirements of the PPA Documents, including Section 13 of the Technical Provisions). Design-Build Contractor is responsible for proper completion of the Utility Adjustment Work required for the Project, in accordance with the PPA Documents and applicable Governmental Rules, regardless of the nature or provisions of the Utility Agreements and regardless of whether Design- Build Contractor or the Utility Owner or its cont...
Utility Agreements. To the extent that (i) the Debtors are party to any utility service contract or similar agreement with a utility, (ii) such agreement constitutes an executory contract, and (iii) such agreement (A) has not been previously rejected or assumed by order of the Bankruptcy Court, (B) is not subject to a motion to reject such executory contract or unexpired lease filed on or prior to the Effective Date, (C) is not listed on Plan Supplement 11A or Plan Supplement 11B, (D) has not been designated for rejection in accordance with Section 5.2(a), then such utility service contract or similar agreement with a utility (including any modifications, amendments, supplements, restatements or other related agreements) shall be deemed assumed by the applicable Debtor(s) in accordance with the provisions and requirements of sections 365 and 1123 of the Bankruptcy Code as of the Effective Date. The Cure amount to be paid in connection with the assumption of a utility service contract or similar agreement with a utility that is not specifically identified in Plan Supplement 11A shall be $0.00.
Utility Agreements. Utility Agreements entered into by DB Contractor shall not be considered DBA Documents. TxDOT will not be a party to the Utility Agreements; however, DB Contractor shall cause the Utility Agreements to designate TxDOT as an intended third-party beneficiary thereof and to permit assignment of DB Contractor’s right, title and interest thereunder to TxDOT without necessity for Utility Owner consent. Each Utility Adjustment (whether performed by DB Contractor or by the Utility Owner) shall comply with the Adjustment Standards in effect as of the Proposal Due Date.
