Utility Enhancements. Developer shall be responsible for addressing any requests by Utility Owners that Developer design or construct a Betterment or Utility Owner Project (collectively, “Utility Enhancements”).
(a) If a Utility Owner requests that Developer design or construct a Betterment, then subject to Section 3.13.3(e), Developer shall use its best efforts to negotiate in good faith an agreement with the Utility Owner providing for Developer to perform such work at the Utility Owner’s expense, with payments to be made directly by the Utility Owner to Developer. Any such agreement shall be set forth in the applicable Utility Agreement. Any such Betterment shall be deemed added to the scope of the D&C Work only upon execution by the Utility Owner and Developer and approval by TxDOT of a Utility Agreement identifying and providing for performance of such Betterment. Any change in the scope of the D&C Work pursuant to this Section 3.13.2(a) shall not be treated as a TxDOT-Directed Change or extend the Completion Deadlines.
(b) The D&C Price shall not be increased on account of any Betterment added to the D&C Work. Instead, Developer shall have the right to collect payment for such work directly from the Utility Owner, subject to the provisions of the applicable Utility Agreement. The amount of compensation payable by the Utility Owner to Developer for a Betterment shall be determined pursuant to the process set forth in the applicable Utility Agreement. Developer shall submit to TxDOT a copy of each invoice delivered to a Utility Owner pursuant to this Section 3.13.2(b), concurrently with its delivery to the Utility Owner.
(c) If a Utility Owner requests that Developer design or construct a Utility Owner Project, then subject to Section 3.13.3(e), Developer shall use its best efforts to negotiate in good faith an agreement with the Utility Owner providing for Developer to perform such work at the Utility Owner’s expense, with payments to be made directly by the Utility Owner to Developer. Any such agreement shall be a separate contract between Developer and the Utility Owner; and any such Utility Owner Project shall be performed outside of this Agreement and the Work, without any impact on the Price and the Completion Deadlines and shall be subject to Section 3.13.8. The compensation payable by the Utility Owner to Developer for a Utility Owner Project shall be determined in a manner acceptable to both Developer and the Utility Owner.
(d) Developer is fully responsible for co...
Utility Enhancements. Developer shall be responsible for addressing any requests by Utility Owners that Developer design and/or construct a Betterment or Utility Owner Project (collectively, "Utility Enhancement"). Any Betterment performed as part of a Utility Adjustment, whether by Developer or by the Utility Owner, shall be subject to the same standards and requirements as if it were a necessary Utility Adjustment, and shall be addressed in the appropriate Utility Agreement. Developer shall perform any work on a Utility Owner Project only by separate contract outside of the Work, and such work shall be subject to Section 7.5.8. Under no circumstances shall Developer proceed with any Utility Enhancement that is incompatible with the Facility or is not in compliance with applicable Law, the Governmental Approvals or the CDA Documents, including the Milestone Schedule Deadlines. Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Enhancement, whether performed by Developer or by the Utility Owner. Developer may, but is not obligated to, design and construct Utility Enhancements.
Utility Enhancements. Developer shall be responsible for addressing any requests by Utility Owners that Developer design and/or construct a Betterment or Utility Owner Project (collectively, “Utility Enhancement”). Any Betterment performed as part of a Utility Adjustment, whether by Developer or by the Utility Owner, shall be subject to the same standards and requirements as if it were a necessary Utility Adjustment, and shall be addressed in the appropriate Utility Agreement. Developer shall perform any work on a Utility Owner Project only by separate contract outside of the Work, and such work shall be subject to Section 11.7 (except that the costs related thereto may be paid by the relevant Utility Owner). Under no circumstances shall Developer proceed with any Utility Enhancement that is incompatible with the Project or is not in compliance with applicable Law, the Governmental Approvals or the CDA Documents, including the Milestone Deadlines. Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Enhancement, whether performed by Developer or by the Utility Owner. Developer may, but is not obligated to, design and construct Utility Enhancements.
Utility Enhancements. 23 5.10.6.1 Developer shall address any requests by Utility Companies 24 that Developer design or construct Betterments or Utility Company Projects (collectively, 25 "Utility Enhancements"). Any Betterment performed as part of a Utility Adjustment, 26 whether by Developer or by the Utility Company, shall be subject to the same standards 27 and requirements as if it were a necessary Utility Adjustment, and shall be addressed in 28 the appropriate Utility Agreement. Developer shall perform any work on a Utility 29 Company Project only by separate contract outside of the Work, and such work shall be 30 subject to Section 5.10.9. Under no circumstances shall Developer proceed with any 31 Utility Enhancement that is incompatible with the Project in its final configuration or is 32 not in compliance with applicable Law, the Governmental Approvals or the Contract 33 Documents, including the Completion Deadlines. Under no circumstances will 34 Developer be entitled to any additional compensation or Completion Deadline 35 adjustment hereunder as the result of any Utility Enhancement, whether performed by 36 Developer or by the Utility Company. Developer may, but is not obligated to, design 37 and construct Utility Enhancements. Developer shall be responsible for and liable to 38 ADOT for any deficiencies relating to any Utility Enhancements.
Utility Enhancements. DB Contractor shall be responsible for addressing any requests by Utility Owners that DB Contractor design and/or construct a Betterment or Utility Owner Project (collectively, “Utility Enhancements”).
6.5.2.1. If a Utility Owner requests that DB Contractor design and/or construct a Utility Enhancement, then subject to Section 6.5.2.2, DB Contractor shall use its best efforts to negotiate in good faith an Utility Agreement (subject to TxDOT approval) with the Utility Owner providing for DB Contractor to perform such work at the Utility Owner’s expense, with payments to be made directly by the Utility Owner to DB Contractor. Any change in the scope of the Work pursuant in connection with a Betterment shall not be treated as a TxDOT-Directed Change or extend the Completion Deadlines. Any Utility Owner Project shall be performed outside of this DBA and the Work, without any impact on the Price and the Completion Deadlines and shall be subject to Section 6.5.8.
6.5.2.2. DB Contractor is fully responsible for coordinating its efforts with Utility Owners and for addressing requests by Utility Owners that DB Contractor design and/or construct Utility Enhancements. Under no circumstances shall DB Contractor proceed with any Utility Enhancement which is incompatible with the Project or which cannot be performed within the other constraints of applicable Law, the Governmental Approvals and the DBA Documents, including the Completion Deadlines. Under no circumstances will DB Contractor be entitled to any Price increase or time extension hereunder as the result of any Utility Enhancement, whether performed by DB Contractor or by the Utility Owner.
Utility Enhancements. Developer shall address any requests by Utility Companies 3 that Developer design or construct Betterments or Utility Company Projects (collectively, 4 "Utility Enhancements"). Any Betterment performed as part of a Utility Adjustment, 5 whether by Developer or by the Utility Company, shall be subject to the same standards 6 and requirements as if it were a necessary Utility Adjustment, and shall be addressed in 7 the appropriate Utility Agreement. Developer shall perform any work on a Utility 8 Company Project only by separate contract outside of the Work, and such work shall be 9 subject to Section 5.10.9.
Utility Enhancements. Design-Build Contractor shall be responsible for addressing any requests by Utility Owners that Design-Build Contractor design and/or construct a Betterment or Utility Owner Project (collectively, “Utility Enhancement”). Any Betterment performed as part of a Utility Adjustment, whether by Design-Build Contractor or by the Utility Owner, shall be subject to the same standards and requirements as if it were a necessary Utility Adjustment, and shall be addressed in the applicable Utility Agreement. Design-Build Contractor shall perform any work on a Utility Owner Project only by separate contract outside of the Work. Under no circumstances shall Design-Build Contractor proceed with any Utility Enhancement that is incompatible with the Project or is not in compliance with applicable Governmental Rules, the Governmental Approvals or the PPA Documents, including the Completion Deadlines. Under no circumstances will Design-Build Contractor be entitled to any additional compensation or time extension hereunder as the result of any Utility Enhancement, whether performed by Design-Build Contractor or by the Utility Owner. Design-Build Contractor may, but is not obligated to, design and construct Utility Enhancements. Design-Build Contractor shall provide IFA with such information, analyses, and certificates as IFA may request in order to determine compliance with this Section 6.6.
Utility Enhancements. Developer shall respond to any requests by Utility Owners that Developer design and/or construct Betterments or Utility Owner Projects (collectively, "Utility Enhancements"), although Developer is not required to agree to such requests. Any Betterment performed as part of Utility Adjustment, whether by Developer or by the Utility Owner, shall be subject to the requirements of this Section 4.5 as if it were a Utility Adjustment. Developer shall perform any work on a Utility Owner Project only by separate contract outside of the Work. Any proposed Utility Enhancement shall be subject to the Department’s prior approval. Under no circumstances shall Developer proceed with any Utility Enhancement that is incompatible with the Project or is not in compliance with the Contract Documents. Developer shall not be entitled to any Extra Work Costs, Delay Costs, time or Completion Deadline extension, compensation for losses due to delays in commencement of Availability Payments or for additional interest costs due to delayed receipt of the Milestone Payment, or other relief as the result of any Utility Enhancement, whether performed by Developer or by the Utility Owner. Developer shall be responsible for and liable to the Department for any deficiencies relating to any Utility Enhancements.
Utility Enhancements. 5.10.6.1 Developer shall address any requests by Utility Companies
Utility Enhancements. 7.5.6.1 Developer shall be responsible for addressing any requests by Utility Owners that Developer design and/or construct a Betterment or Utility Owner Project (collectively, "Utility Enhancement") in connection with the Facility (excluding the TxDOT Works).
7.5.6.2 Any Betterment performed as part of a Utility Adjustment under Section 7.5, whether by Developer or by the Utility Owner, shall be subject to the same standards and requirements as if it were a necessary Utility Adjustment, and shall be addressed in the appropriate Utility Agreement. Developer shall perform any work on a Utility Owner Project only by separate contract outside of the Work, and such work shall be subject to Section 7.5.8. Under no circumstances shall Developer proceed with any Utility Enhancement that is incompatible with the Facility or is not in compliance with applicable Law, the Governmental Approvals or the FA Documents, including the Milestone Schedule Deadlines. Under no circumstances will Developer be entitled to any additional compensation or time extension hereunder as the result of any Utility Enhancement, whether performed by Developer or by the Utility Owner. Developer may, but is not obligated to, design and construct Utility Enhancements.
