Common use of A Change Order Clause in Contracts

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Any changes in the Basic Configuration, including Basic Configuration Changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs.and 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of a required New Section 408 Approval due to, necessary Hazardous Materials Management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change, to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price therefor. Any changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- non-material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.3. DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Schematic DesignDraft Interim Schematic. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Draft Interim Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a any TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- material changes in the Basic Configuration.to

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.3. DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Schematic DesignDraft Interim Schematic. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Draft Interim Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a any TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic DesignDraft Interim Schematic, will impact DB ContractorDeveloper’s ability to make non- non-material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Any changes in the Basic Configuration, including Basic Configuration Changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- non-material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.3. DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-TxDOT- Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB ContractorDeveloper’s ability to make non- non-material changes Texas Department of Transportation SH 99 Grand Parkway Project June 19July 2, 2012 11 RFP Addendum 1 2 Development Agreement 2.2 General Obligations of Developer 2.2.1 Furnish all design and other services, provide all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding only those materials, services and efforts which the Contract Documents expressly specify will be undertaken by TxDOT or other Persons) to design, construct the Project and maintain it during construction in accordance with the Basic Configurationrequirements of the Contract Documents so as to achieve Substantial Completion and Final Acceptance by the applicable Completion Deadlines. 2.2.2 At all times provide a Project Manager approved by TxDOT who: (a) will have full responsibility for the prosecution of the Work, (b) will act as agent and be a single point of contact in all matters on behalf of Xxxxxxxxx, (c) will be present (or its approved designee will be present) at the Site at all times that Work is performed, and (d) will be available to respond to TxDOT or its Authorized Representatives. 2.2.3 Comply with, and require that all Subcontractors comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended. 2.2.4 Cooperate with TxDOT, the Program Manager, and Governmental Entities with jurisdiction in all matters relating to the Work, including their review, inspection and oversight of the design and construction of the Project and the design and construction of the Utility Adjustments. 2.2.5 Use commercially reasonable efforts to mitigate delay to design and construction of the Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re-sequencing, reallocating, or redeploying Developer’s and its Subcontractors’ forces to other work, as appropriate. 2.2.6 Obtain and pay the cost of obtaining all Governmental Approvals required in connection with the Project (except to the extent TxDOT has expressly agreed to be responsible therefor under Section 6.10.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.3. DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-TxDOT- Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB ContractorDeveloper’s ability to make non- non-material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price therefor. Any changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-TxDOT- Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.3. DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of New Environmental Approvals required for, necessary Hazardous Materials Management on, and additional Utility Adjustment Work on on, Additional Properties required due to a Necessary Basic Configuration ChangeChange to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties and TxDOT shall be responsible for the purchase price therefor in accordance with Section 6.2.2. Any other changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-TxDOT- Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB ContractorDeveloper’s ability to make non- non-material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.3. DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of New Environmental Approvals required for, necessary Hazardous Mate rials Management on, and additional Utility Adjustment Work on on, Additional Properties required due to a Necessary Basic Configuration ChangeChange to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties and TxDOT shall be responsible for the purchase price therefor in accordance with Section 6.2.2. Any other changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a TxDOT-Directed TxDOT -Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled ent itled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-TxDOT- Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB ContractorDeveloper’s ability to make non- material non -material changes in the Basic Configuration.