Eligible Changes. 10.3.1.1 DB Contractor may request a Change Order to increase the Maintenance Price only for increased costs of performance of the Maintenance Services as follows:
(a) Additional costs directly attributable to additional Maintenance Services resulting from TxDOT-Directed Changes for which TxDOT has not submitted a Change Order or a Request for Change Proposal;
(b) Additional costs relating to Hazardous Materials, Force Majeure Events, and damage to the Project, to the extent provided in Section 10.8; and
(c) Additional costs directly attributable to uncovering, removing and restoring the work, to the extent provided in Section 5.7.3.
10.3.1.2 DB Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 10 and elsewhere in the CMA Documents, and furthermore is subject to DB Contractor’s compliance with all notification and other requirements identified herein. DB Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 10.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.
Eligible Changes. 10.3.1.1 Maintenance Contractor may request a Change Order to increase the Maintenance Price only for increased costs of performance of the Maintenance Services as follows:
(a) additional costs directly attributable to additional Maintenance Services resulting from TxDOT-Directed Changes for which TxDOT has not submitted a Change Order or a Request for Change Proposal;
(b) additional costs relating to Hazardous Materials, and Force Majeure Events, to the extent provided in Section 10.8.1; and
(c) additional costs directly attributable to uncovering, removing and restoring the work, to the extent provided in Section 5.7.3.
10.3.1.2 Maintenance Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 10 and elsewhere in the CMA Documents, and furthermore is subject to Maintenance Contractor’s compliance with all notification and other requirements identified herein. Maintenance Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 10.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.
Eligible Changes. 13.3.1.1. Contractor may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path: (a) Force Majeure Events; (b) TxDOT-Caused Delays; (c) delays relating to access to ROW, to the extent permitted by Section 13.8.5; (d) delays relating to Utilities, to the extent permitted by Sections 6.8.1, 6.8.5 and 13.8.2; or (e) delays relating to Differing Site Conditions or the discovery of Hazardous Materials to the extent permitted by Section 13.8.
13.3.1.2. DB Contractor may request a Change Order to increase the Price only for increased costs of performance of the Work as follows: (a) subject to Section 13.2.3, additional costs directly attributable to additional Work resulting from TxDOT-Directed Changes and TxDOT-Caused Delays for which TxDOT has not submitted a Change Order or a Request for Change Proposal; (b) additional costs relating to Differing Site Conditions, Force Majeure Events, and Hazardous Materials to the extent provided in Section 13.8; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.8 and Section 13.8.2, to the extent provided therein; (d) additional costs directly attributable to uncovering, removing and restoring Work, to the extent provided in Section 5.4.3; (e) Price adjustments as specified in Section 12.1; or (f) additional costs for Utility Adjustment Work directly attributable to Necessary Basic Configuration Changes, to the extent provided in Section 13.8.
13.3.1.3. DB Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 and elsewhere in the DBA Documents, and furthermore is subject to DB Contractor’s compliance with all notification and other requirements identified herein. DB Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.
Eligible Changes. DB Contractor may request a Change Order to increase the Maintenance Price only for increased costs of performance of the Maintenance Services as follows:
(a) additional costs directly attributable to additional Maintenance Services resulting from TxDOT-Directed Changes for which TxDOT has not submitted a Change Order or a Request for Change Proposal;
(b) additional costs relating to Force Majeure Events, Hazardous Materials, Non- Discriminatory Changes and Damage to the Project, to the extent provided in Section 4.5.11; and
(c) additional costs directly attributable to uncovering, removing and restoring the work, to the extent provided in Section 5.9.1.2.
Eligible Changes. 10.3.1.1 Maintenance Contractor may request a Change Order to increase the Maintenance Price only for increased costs of performance of the Maintenance Services as follows:
(a) additional costs directly attributable to additional Maintenance Services resulting from TxDOT-Directed Changes for which TxDOT has not submitted a Change Order or a Request for Change Proposal;
(b) additional costs relating to Hazardous Materials, and Force Majeure Events, to the extent provided in Section 10.8.1; and
(c) additional costs directly attributable to uncovering, removing and restoring the work, to the extent provided in Section 5.7.3. Texas Department of Transportation Execution Version Horseshoe Project 54 Capital Maintenance Agreement
10.3.1.2 Maintenance Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 10 and elsewhere in the CMA Documents, and furthermore is subject to Maintenance Contractor’s compliance with all notification and other requirements identified herein. Maintenance Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 10.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.
Eligible Changes. 10.3.1.1 Maintenance Contractor may request a Change Order to increase the Maintenance Price only for increased costs of performance of the Maintenance Services as follows:
(a) subject to Section 10.2.3, additional costs directly attributable to additional Maintenance Services resulting from TxDOT-Directed Changes for which TxDOT has not submitted a Change Order or a Request for Change Proposal;
(b) additional costs in excess of $50,000 per incident for repairs to the Project caused solely and directly by third parties, and for which the Developer has submitted incident reports;
(c) additional costs relating to Hazardous Materials, and Force Majeure Events, to the extent provided in Section 10.8; and
(d) additional costs directly attributable to uncovering, removing and restoring the work, to the extent provided in Section 5.5.3.
10.3.1.2 Maintenance Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 10 and elsewhere in the CMA Documents, and furthermore is subject to Maintenance Contractor’s compliance with all notification and other requirements identified herein. Maintenance Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 10.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.
Eligible Changes. 13.3.1.1. DB Contractor may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path:
(a) Force Majeure Events;
(b) TxDOT-Caused Delays;
(c) delays relating permitted by Section 6.4.1; to ROW acquisition by TxDOT, to the extent Texas Department of Transportation US 77 Upgrade from Kingsville to Driscoll Project November 20, 2012 89 Desig RFP Addendum 5 n-Build Agreement (d) delays relating to Utilities, to the extent permitted by Sections 6.7.1, 6.7.4 and 13.8.2;
Eligible Changes. 19.4.1.1 Contractor may request a Change Order to either increase the Fixed Price Amount or to extend the Substantial Completion Date and Final Completion Date only under the following circumstances (provided, however, that with respect to extensions of time, Contractor must demonstrate that the delay changed the duration of a Critical Path activity so as to delay Substantial Completion beyond the Substantial Completion Date set forth on the CPM/Payment Schedule, as applicable):
19.4.1.1.1 time extensions or increased costs which are attributable to Department-Caused Delays;
19.4.1.1.2 time extensions or increased costs (to the extent not recovered from other sources, such as insurance) which are attributable to Force Majeure events (provided, however, that with respect to increased costs due to Force Majeure and failure to obtain Regulatory Approvals not due to the fault or neglect of Contractor, Contractor shall be entitled to increased costs only to the extent the aggregate delay exceeds sixty (60) Days);
19.4.1.1.3 time extensions or increased costs which are attributable to Differing Site Conditions; provided, however, that Differing Site Conditions arising due to unsuitable soils shall be compensable only in accordance with the provisions of Article 19.4.1.3.
19.4.1.1.4 time extensions or increased costs caused by the acts or omissions of other governmental agencies having jurisdiction over the Project, including, but not limited to, changes in scope required as a condition to issuance of a permit or Change in Law (provided, however, that with respect to increased costs due to Force Majeure and failure to obtain Regulatory Approvals not due to the fault or neglect of Contractor, Contractor shall be entitled to increased costs only to the extent the aggregate delay exceeds 60 Days);
19.4.1.1.5 time extensions/contractions or increased/decreased costs caused by changes in scope required as a result of traffic analysis findings prepared after the date of this Contract;
19.4.1.1.6 time extensions in connection with the Project Right of Way Acquisition Work not due to the fault or neglect of the Contractor, but only to the extent (1) the aggregate delay exceeds ten (10) Days (on an interchange-by-interchange basis) and (2) Contractor is using its best efforts to expedite Right of Way acquisitions;
19.4.1.1.7 time extensions in connection with the Utilities Relocation Work not due to the fault or neglect of the Contractor; and
19.4.1.1.8 time extensions or...
Eligible Changes. Integrator may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path:
Eligible Changes. This section outlines when Contractor shall submit a Change Notice and Request for Change Order to VPRA. Contractor shall use this process to request an adjustment to the Contract Price or a Completion Deadline due to a Relief Event. All Relief Events are subject to the limitations stated in this Article 14 of these General Terms and Conditions in addition to any limitations stated in the definition of each Relief Event or elsewhere in the Contract Documents. Other than for the Relief Events herein, Contractor shall not be entitled to any adjustment of the Contract Price or a Completion Deadline. With respect to any request for relief, Contractor shall bear the burden of proving that it is entitled to the relief sought. Contractor shall not be entitled to relief for a Relief Event that occurs during the provision of the Phase 1 Services, provided that this shall not preclude a Relief Event arising out of performance of an Early Work Package.