Common use of Changes in Basic Configuration Clause in Contracts

Changes in Basic Configuration. 2.1.3.1. If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. Subject to Section 2.1.3.4, 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 Base Scope Schematic. 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 to the extent set forth in Section 13.8.5. Further, TxDOT shall be responsible for the purchase price of any Additional Properties DB Contractor must acquire as a result of such Necessary Basic Configuration Change. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Base Scope Schematic 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 Standard Specifications and other DBA Documents, as well as Site conditions and the Base Scope Schematic, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1. If a VE VECP results in a material change in the Basic Configuration of the Project, any cost savings from such VE VECP shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and either authorized by a Change Order in accordance with Section 1313 or permitted pursuant to Section 2.1.3.4, and subject to the limitations contained in Section 6.106.7. Subject to Section 2.1.3.4, a 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 Base Scope SchematicSchematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to any Environmental Approval due to, any Hazardous Materials Management on, and any additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.513.7.5. Further, TxDOT shall be responsible for the purchase price of any Additional Properties DB Contractor must acquire as a result of such a Necessary Basic Configuration Change. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Base Scope Schematic 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- 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 VECP pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specifications Standards and other DBA Documents, as well as Site conditions and the Base Scope SchematicSchematic Design, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1. If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. Subject to Section 2.1.3.4, 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 Base Scope Schematic. 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 to the extent set forth in Section 13.8.5. Further, TxDOT shall be responsible for the purchase price of any Additional Properties DB Contractor must acquire as a result of such a Necessary Basic Configuration Change. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Base Scope Schematic 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 Standard Specifications Standards and other DBA Documents, as well as Site conditions and the Base Scope Schematic, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1. If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and either authorized by a Change Order in accordance with Section 1313 or permitted pursuant to Section 2.1.3.5, and subject to the limitations contained in Section 6.106.9. Subject to Section 2.1.3.4, a 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 Base Scope SchematicSchematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to any Environmental Approval due to, any Hazardous Materials Management on, and any additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.5. Further, TxDOT shall be responsible for the purchase price of any Additional Properties DB Contractor must acquire as a result of such Necessary Basic Configuration Change. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Base Scope Schematic 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.Section 2.1.3.4. No Change Order shall be required for any non- 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 Standard Specifications Standards and other DBA Documents, as well as Site conditions and the Base Scope SchematicSchematic Design, will impact DB Contractor’s ability to make non-non- material changes in the Basic Configuration. 2.1.3.5. No Change Order shall be required for changes in the Basic Configuration of the Option which have been approved by TxDOT in the design approval process for the Option Environmental Schematic and incorporated into the Environmental Commitments Document for the Option. DB Contractor acknowledges and agrees that environmental clearance requirements, Site conditions, and constraints set forth in the Government Approvals, TxDOT Standards and other DBA Documents will impact DB Contractor’s ability to make changes in the Basic Configuration as part of the Option Environmental Schematic. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from such changes.

Changes in Basic Configuration. 2.1.3.1. 2.1.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. 2.1.3.2 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. Subject to Section 2.1.3.4, a 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. 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 Base Scope SchematicConcept Plan. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, 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 13.8.513.8.6. Further, TxDOT shall be responsible for the purchase price of any Additional Properties right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration ChangeChange 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 due to an Error in the Base Scope Schematic Concept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor, 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. 2.1.3.4 No Change Order shall be required for any non- 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 Standard Specifications Specification and other DBA Contract Documents, as well as Site site conditions and the Base Scope SchematicConcept Plan, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1. If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. Subject to Section 2.1.3.4, 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 Base Scope Schematic. 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 to the extent set forth in Section 13.8.513.8.6. Further, TxDOT shall be responsible for the purchase price of any Additional Properties DB Contractor must acquire as a result of such Necessary Basic Configuration Change. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Base Scope Schematic 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 Standard Specifications and other DBA Documents, as well as Site conditions and the Base Scope Schematic, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1. If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. Subject to Section 2.1.3.4, 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 Base Scope Schematic. 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 to the extent set forth in Section 13.8.5. Further, TxDOT shall be responsible for the purchase price of any Additional Properties DB Contractor must acquire as a result of such a Necessary Basic Configuration Change. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Base Scope Schematic 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 Standard Specifications and other DBA Documents, as well as Site conditions and the Base Scope Schematic, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.