Common use of Change Order Data Clause in Contracts

Change Order Data. 10.7.7.1 Maintenance Contractor shall contemporaneously collect, record in writing, segregate and preserve: (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if Maintenance Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance Agreement. 10.7.7.2 In addition to obligations under Section 17.3, Maintenance Contractor shall maintain its records in such a manner as to provide a clear distinction between: (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance Contractor’s overhead and fee percentages. 10.7.7.3 All reports shall be signed by Maintenance Contractor. TxDOT will compare its records with Maintenance Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 Maintenance DB Contractor shall contemporaneously collect, record in writing, segregate and preserve: preserve (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which that are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which that are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance DB Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, hereunder if Maintenance DB Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance AgreementCMA. 10.7.7.2 In addition to the obligations under Section 17.3, Maintenance DB Contractor shall maintain its records in such a manner as to provide a clear distinction between: between (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance DB Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total totals of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance DB Contractor’s overhead and fee percentages. 10.7.7.3 All reports shall be signed by Maintenance DB Contractor. TxDOT will compare its records with Maintenance DB Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 Maintenance 10.7.7.1. DB Contractor shall contemporaneously collect, record in writing, segregate and preserve: (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance DB Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if Maintenance DB Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Comprehensive Maintenance Agreement. 10.7.7.2 10.7.7.2. In addition to obligations under Section 17.3, Maintenance DB Contractor shall maintain its records in such a manner as to provide a clear distinction between: (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance DB Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance DB Contractor’s overhead and fee percentages. 10.7.7.3 10.7.7.3. All reports shall be signed by Maintenance DB Contractor. TxDOT will compare its records with Maintenance DB Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 10.7.7.1. Maintenance Contractor shall contemporaneously collect, record in writing, segregate and preserve: (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if Maintenance Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Comprehensive Maintenance Agreement. 10.7.7.2 10.7.7.2. In addition to obligations under Section 17.3, Maintenance Contractor shall maintain its records in such a manner as to provide a clear distinction between: (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance Contractor’s overhead and fee percentages. 10.7.7.3 10.7.7.3. All reports shall be signed by Maintenance Contractor. TxDOT will compare its records with Maintenance Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 Maintenance 10.7.7.1. DB Contractor shall contemporaneously collect, record in writing, segregate and preserve: (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance DB Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if Maintenance DB Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance Agreement. 10.7.7.2 10.7.7.2. In addition to obligations under Section 17.3, Maintenance DB Contractor shall maintain its records in such a manner as to provide a clear distinction between: (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance DB Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance DB Contractor’s overhead and fee percentages. 10.7.7.3 10.7.7.3. All reports shall be signed by Maintenance DB Contractor. TxDOT will compare its records with Maintenance DB Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 Maintenance DB Contractor shall contemporaneously collect, record in writing, segregate and preserve: preserve (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which that are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which that are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance DB Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, hereunder if Maintenance DB Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance Agreement. 10.7.7.2 In addition to the obligations under Section 17.3, Maintenance DB Contractor shall maintain its records in such a manner as to provide a clear distinction between: between (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance DB Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total totals of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance DB Contractor’s overhead and fee percentages. 10.7.7.3 All reports shall be signed by Maintenance DB Contractor. TxDOT will compare its records with Maintenance DB Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 Maintenance DB Contractor shall contemporaneously collect, record in writing, segregate and preserve: preserve (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Texas Department of Transportation - 70 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement Maintenance Services which that are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which that are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance DB Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, hereunder if Maintenance DB Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance AgreementCMA. 10.7.7.2 In addition to the obligations under Section 17.3, Maintenance DB Contractor shall maintain its records in such a manner as to provide a clear distinction between: between (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance DB Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total totals of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance DB Contractor’s overhead and fee percentages. 10.7.7.3 All reports shall be signed by Maintenance DB Contractor. TxDOT will compare its records with Maintenance DB Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 10.7.7.1. Maintenance Contractor shall contemporaneously collect, record in writing, segregate and preserve: (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if Maintenance Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Comprehensive Maintenance Agreement. 10.7.7.2 10.7.7.2. In addition to obligations under Section 17.3, Maintenance Contractor shall maintain its records in such a manner as to provide a clear distinction between: (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance Contractor’s overhead and fee percentages. 10.7.7.3 10.7.7.3. All reports shall be signed by Maintenance Contractor. TxDOT will compare its records with Maintenance Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.and

Change Order Data. 10.7.7.1 Maintenance Contractor shall contemporaneously collect, record in writing, segregate and preserve: (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if Maintenance Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance Agreement. 10.7.7.2 In addition to obligations under Section 17.3, Maintenance Contractor shall maintain its records in such a manner as to provide a clear distinction between: : (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance Contractor’s overhead and fee percentages. 10.7.7.3 All reports shall be signed by Maintenance Contractor. TxDOT will compare its records with Maintenance Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 Maintenance Contractor shall contemporaneously collect, record in writing, segregate and preserve: (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if Maintenance Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance AgreementCMA. 10.7.7.2 In addition to obligations under Section 17.3, Maintenance Contractor shall maintain its records in such a manner as to provide a clear distinction between: (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance Contractor’s overhead and fee percentages. 10.7.7.3 All reports shall be signed by Maintenance Contractor. TxDOT will compare its records with Maintenance Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 Maintenance Contractor Integrator shall contemporaneously collect, record in writing, segregate and preserve: preserve (a) all data necessary to determine the costs described in this Section 10.7 13.7 with respect to all Maintenance Services Work which are is the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design workwork as well as Integrator’s costs for Utility Adjustment Work, and (b) all data necessary to show the actual impact (if any) on the applicable Critical Path, the Project Schedule, and performance deadlines with respect to all Maintenance Services Work which are is the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance ServicesWork. Maintenance Contractor Integrator hereby waives the right to obtain compensation for any Maintenance Services work for which cost data is required to be provided hereunder, if Maintenance Contractor Integrator fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance Agreement. 10.7.7.2 In addition to obligations under Section 17.3, Maintenance Contractor 13.7.7.1 Integrator shall maintain its records in such a manner as to provide a clear distinction between: between (a) the direct cost of Maintenance Services Work for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance applicable Price and (b) the costs of other operations. Maintenance Contractor Integrator shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a)) above. The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance ContractorIntegrator’s overhead and fee percentages. 10.7.7.3 13.7.7.2 All reports shall be signed by Maintenance ContractorIntegrator. TxDOT will compare its records with Maintenance ContractorIntegrator’s reports, make the necessary adjustments and compile the costs of Maintenance Services Work completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.When

Change Order Data. 10.7.7.1 Maintenance Contractor shall contemporaneously collect, record in writing, segregate and preserve: (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if Maintenance Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance Agreement. 10.7.7.2 In addition to obligations under Section 17.3, Maintenance Contractor shall maintain its records in such a manner as to provide a clear distinction between: : (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of Texas Department of Transportation Execution Version Horseshoe Project 66 Capital Maintenance Agreement other operations. Maintenance Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance Contractor’s overhead and fee percentages. 10.7.7.3 All reports shall be signed by Maintenance Contractor. TxDOT will compare its records with Maintenance Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 Maintenance Contractor Design/Builder shall contemporaneously collect, record in writing, segregate and preserve: preserve (a) all data necessary to determine the costs described in this Section 10.7 14.7 with respect to all Maintenance Services Development Work which are is the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design workwork as well as Design/Builder’s costs for Utility Adjustment Work, and (b) all data necessary to show the actual impact (if any) on the applicable Critical Path, the Project Schedule, and performance deadlines with respect to all Maintenance Services Development Work which are is the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT the Alamo RMA and any authorized representative of TxDOT the Alamo RMA reviewing any Claim or Dispute regarding compensation for such Maintenance ServicesDevelopment Work. Maintenance Contractor Design/Builder hereby waives the right to obtain compensation for any Maintenance Services work for which cost data is required to be provided hereunder, if Maintenance Contractor Design/Builder fails to maintain and timely provide to TxDOT the Alamo RMA cost data meeting the requirements of this Capital Maintenance Agreement. 10.7.7.2 In addition to obligations under Section 17.3, Maintenance Contractor 14.7.7.1 Design/Builder shall maintain its records in such a manner as to provide a clear distinction between: between (a) the direct cost of Maintenance Services Development Work for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Development Price and (b) the costs of other operations. Maintenance Contractor Design/Builder shall furnish daily, on forms approved by TxDOTthe Alamo RMA, reports of all costs described in the foregoing clause (a)) above. The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT the Alamo RMA upon its request. The cost of furnishing such reports are deemed to be included in Maintenance ContractorDesign/Builder’s overhead and fee percentages. 10.7.7.3 14.7.7.2 All reports shall be signed by Maintenance ContractorDesign/Builder. TxDOT The Alamo RMA will compare its records with Maintenance ContractorDesign/Builder’s reports, make the necessary adjustments and compile the costs of Maintenance Services Development Work completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.

Change Order Data. 10.7.7.1 10.7.7.1. Maintenance Contractor shall contemporaneously collect, record in writing, segregate and preserve: (a) all data necessary to determine the costs described in this Section 10.7 with respect to all Maintenance Services which are the subject of a Time and Materials Change Order or a requested Change Order (excluding negotiated Change Orders previously executed and delivered), specifically including costs associated with design work, and (b) all data necessary to show the actual impact (if any) on the applicable deadlines with respect to all Maintenance Services which are the subject of a Change Order or a proposed Change Order. Such data shall be provided to TxDOT and any authorized representative of TxDOT reviewing any Claim or Dispute regarding compensation for such Maintenance Services. Maintenance Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if Maintenance Contractor fails to maintain and timely provide to TxDOT cost data meeting the requirements of this Capital Comprehensive Maintenance Agreement. 10.7.7.2 10.7.7.2. In addition to obligations under Section 17.3, Maintenance Contractor shall maintain its records in such a manner as to provide a clear distinction between: : (a) the direct cost of Maintenance Services for which it is entitled (or for which it believes it is entitled) to an increase in the Maintenance Price and (b) the costs of other operations. Maintenance Contractor shall furnish daily, on forms approved by TxDOT, reports of all costs described in the foregoing clause (a). The reports shall itemize all costs for labor, materials, and equipment rental and give total of costs through the date of the report. For workers, the reports shall include hours worked, rates of pay, names and classifications. For equipment, the reports shall include size, type, identification number, rental rate and actual working hours of operation. All such records and reports shall be made immediately available to TxDOT upon its request. The cost of furnishing such reports are deemed to be included in Maintenance Contractor’s overhead and fee percentages. 10.7.7.3 10.7.7.3. All reports shall be signed by Maintenance Contractor. TxDOT will compare its records with Maintenance Contractor’s reports, make the necessary adjustments and compile the costs of Maintenance Services completed under a Time and Materials Change Order. When such reports are agreed upon and signed by both Parties, they will become the basis of payment.