Common use of Certain Obligations of DB Contractor and Utility-Related ROW Costs Clause in Contracts

Certain Obligations of DB Contractor and Utility-Related ROW Costs. The DB Contractor shall endeavor to avoid multiple Relocations of the same Utility, whether by the Utility Company or by the DB Contractor. Accordingly, after a Utility has been relocated once in order to accommodate the Project based on the pre-award relocations by DDOT or DB Contractor’s design, the DB Contractor shall be responsible for all costs incurred by either the DB Contractor or the Utility Company in order to subsequently relocate such Utility to accommodate the Project. If the Utility Company performs such subsequent Relocation at the District’s expense, then the DB Contractor shall reimburse the District for all amounts paid by the District to such Utility Company in reimbursement for such subsequent Relocation. If the DB Contractor performs such subsequent Relocation, then the DB Contractor shall not receive any extension of the Completion Deadline or increase in the Contract Price on account of the performance of such subsequent Relocation. In designing and constructing the Project, the DB Contractor shall take all reasonable steps to minimize costs to the Utility Companies to the extent practicable and otherwise consistent with other requirements of the Contract Documents. For Relocations, the DB Contractor shall bear the burden of proving that the Relocation cannot reasonably be avoided. The DB Contractor shall not be entitled to an increase in the Contract Price for any costs of coordinating with Utility Companies or assisting the District in coordinating with Utility Companies.

Certain Obligations of DB Contractor and Utility-Related ROW Costs. ‌ The DB Contractor shall endeavor to avoid multiple Relocations of the same Utility, whether by the Utility Company or by the DB Contractor. Accordingly, after a Utility has been relocated once in order to accommodate the Project based on the pre-award relocations by DDOT DGS (if any) or DB Contractor’s design, the DB Contractor shall be responsible for all costs incurred by either the DB Contractor or the Utility Company in order to subsequently relocate such Utility to accommodate the Project. If the Utility Company performs such subsequent Relocation at the District’s expense, then the DB Contractor shall reimburse the District for all amounts paid by the District to such Utility Company in reimbursement for such subsequent Relocation. If the DB Contractor performs such subsequent Relocation, then the DB Contractor shall not receive any extension of the Completion Deadline or increase in the Contract Price on account of the performance of such subsequent Relocation. In designing and constructing the Project, the DB Contractor shall take all reasonable steps to minimize costs to the Utility Companies to the extent practicable and otherwise consistent with other requirements of the Contract Documents. For Relocations, the DB Contractor shall bear the burden of proving that the Relocation cannot reasonably be avoided. The DB Contractor shall not be entitled to an increase in the Contract Price for any costs of coordinating with Utility Companies or assisting the District in coordinating with Utility Companies.