Common use of Utility Design Clause in Contracts

Utility Design. The Phase Developer shall engage with Utility Owners as necessary to obtain additional Utility information needed for the Predevelopment Work. Additional Utility information may involve identification and tracking of potential impacts, and the design and coordination of any unavoidable Utility impacts. The Phase Developer shall obtain all required information sufficient to: (a) identify all potential impacts associated with the Section Work; (b) eliminate, minimize, mitigate or manage risk of potential Unknown Utilities or unforeseen field conditions that may impact schedule or cost; and (c) submit a compliant Committed Section Proposal. If the Phase Developer uses data provided with the Reference Information Documents, the Phase Developer shall verify it is applicable for its intended use and perform additional data acquisition as needed. The Phase Developer shall alert MDOT if errors or discrepancies are discovered in the MDOT provided Reference Information Documents. Specific activities and responsibilities are discussed in Exhibit 6 Article 7 (Utility Coordination). The Phase Developer shall develop in the Conceptual Design approaches for addressing impacted Utilities demonstrating avoidance, impact minimization, protection in place or relocation of Utilities as required. As the design advances, the Phase Developer shall: (a) obtain additional field data such as test pits or potholes to locate utilities; (b) adjust the design to further avoid and minimize impacts based on any new data; (c) meet and collaborate with the Utility Owner and MDOT; and (d) perform ongoing coordination with Utility Owners to ensure the Section Work is not adversely impacted or delayed. The Phase Developer shall report to MDOT on the status of the acquisition of additional data and coordination activities as the Work progresses. The Phase Developer shall, at a minimum, focus the Conceptual Design effort on Utilities with the highest risk and potential for cost and schedule impact to the Work including those Utilities owned and operated by WSSC, PEPCO, Washington Gas, Verizon, Century Link, Fiberlight, Crown Castle, AT&T, Zayo and the City of Rockville DPW. The Phase Developer shall conduct a review of the Conceptual Design with MDOT and the Utility Owners and obtain written confirmation the Conceptual Design is acceptable to MDOT and the Utility Owners. The Phase Developer shall include in the Predevelopment Work Schedule and the Section Schedule all Submittals to Utility Owners and required approvals. The Phase Developer shall provide sufficient time for review and approval, including the requirement for multiple submissions if needed. The Predevelopment Work Schedule and Section Schedule must also include adequate time for all D&C and O&M activities related to Utility Owners. Prior to the Phase Developer establishing the Design-Build Price, the Phase Developer shall provide MDOT with: (a) any additional field data such as test pit records or pothole logs; (b) an updated Utility Adjustment Matrix with the status of each potentially impacted utility; (c) minutes of all meetings with Utility Owners; and (d) confirmation the Phase Developers design has been reviewed by and is acceptable to MDOT and the affected Utility Owners.