Compliance with Railroad Documents. DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8
1. The Change Order shall be in the amount of the incremental increase in DB Contractor’s Direct Costs to comply with the changed conditions or requirements. For Change Orders that include an extension of a Completion Deadline, the amount of the Change Order shall also include Project Overhead to the extent permitted by Section 4.6.6.2.2 of the General Conditions. Any Change Order will be subject to the requirements and limitations in Section 4.6 of the General Conditions, including Sections 4.6.6.2.3 and 4.6.6.3.
Compliance with Railroad Documents. The following agreement between TxDOT and the railroad (“Railroad Documents”) was included in a folder labeled “Railroad Documents” in the Reference Information Documents prior to the Proposal Due Date: Drainage Encroachment Joint Use Agreement and I35NEX_South_UPRR_Drainage_Channel_Exhibit. If a railroad changes the material terms and conditions of the Railroad Documents, and such change by the railroad (a) increases DB Contractor’s Direct Costs by more than $10,000 or results in a delay to the Critical Path, and (b) were not caused by the acts or omissions of any DB Contractor-Related Entity, including modifications to the Schematic Design or the Railroad Documents that were initiated by DB Contractor, DB Contractor shall be entitled to a Change Order increasing the Price for certain costs and extending applicable Completion Deadlines for delays to the Critical Path directly attributable to the railroad’s failure to comply with the Railroad Document to the extent permitted by this Section 6.10.
1. The Change Order shall be in the amount of the incremental increase in DB Contractor’s Direct Costs to comply with the changed conditions or requirements. For Change Orders that include an extension of a Completion Deadline, the amount of the Change Order shall also include Project Overhead to the extent permitted by Section 4.6.6.2.2 of the General Conditions. Any Change Order will be subject to the requirements and limitations in Section 4.6 of the General Conditions, including Sections 4.6.6.2.3 and 4.6.6.3.
