Does Design Build contract clarify that the developer is responsible for all documents and meetings necessary for C&M Agreement execution and that the developer is required to enter into a Right of Entry Agreement and provide proper railroad insurance?

If the project includes overpass or underpass work, will the project have an Exhibit A and Exhibit B? (On these types of projects, the Exhibit A may be the 100% PS&E since construction may begin shortly after approval. This differs from bid build projects where the Exhibit A may be completed approximately 18 months before the Exhibit B.)

How will

review of

Exhibit A plans and support materials be reviewed by TxDOT, and will the developer be contractually obligated to respond to the comments and revise these items?

Will there be a need for TxDOT or the developer to issue an Authority to Order Materials or a Work Order? If so, who will issue

the order

?

Will preliminary project activities require flagging from the railroad company? Which party will execute the flagging agreement with the railroad company and pay flagging invoices?

Which party will execute a

PELOA

Agreement and pay the invoices from the railroad company?

Is there a date that TxDOT

PELOA

and other agreements transfer to the developer including responsibility for paying invoices?

How will the developer access railroad right of way during construction? Will temporary at-grade crossings be needed?

Which parties will perform inspection and pay invoices for any track or signal work performed by the railroad company?

Which party will pay any real estate and Right of Entry fees required by the railroad company?

What maintenance responsibilities will the developer have upon completion of the project?

Who will draft the C&M Agreement? Which parties will sign the C&M Agreement?

Will the Right of Entry Agreement be tied to the C&M Agreement?

If TxDOT is responsible for review and paying invoices, who at TxDOT will review the invoices?