Common use of Force Account Change Orders Clause in Contracts

Force Account Change Orders. TxDOT may at its discretion issue a Force Account Change Order whenever TxDOT determines that it is advisable. The Force Account Change Order shall instruct DB Contractor to perform the additional (or modified) Maintenance Services, indicate expressly the intention to treat the items as changes in the Maintenance Services, set forth the kind, character, and limits of the Maintenance Services as far as they can be ascertained, state the terms under which changes to the Maintenance Price will be determined and state a not-to-exceed (NTE) total change in the Maintenance Price. DB Contractor will maintain its records as required by Section 4.5.12 and submit daily records in accordance with Section 4.5.12.2. 1. If DB Contractor determines that the costs of the Maintenance Services authorized pursuant to a Force Account Change Order will exceed the stated NTE, DB Contractor shall notify TxDOT of the additional costs required to complete such Work and TxDOT may approve an increase to the stated NTE. DB Contractor is not obligated to perform Work authorized pursuant to a Unit-priced Change Order once the approved NTE (as it may be adjusted) has been reached. Upon final determination of the allowable costs and subject to Section 4.5.12.2.4, TxDOT shall issue a modified Change Order setting forth the final adjustment to the Maintenance Price, which shall not exceed the stated NTE amount (as such amount may be adjusted as described herein).

Appears in 3 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

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Force Account Change Orders. TxDOT may at its discretion issue a Force Account Change Order whenever TxDOT determines that it is advisable. The Force Account Change Order shall instruct DB Contractor to perform the additional (or modified) Maintenance Services, indicate expressly the intention to treat the items as changes in the Maintenance Services, set forth the kind, character, and limits of the Maintenance Services as far as they can be ascertained, state the terms under which changes to the Maintenance Price will be determined and state a not-to-exceed (NTE) total change in the Maintenance Price. DB Contractor will maintain its records as required by Section 4.5.12 and submit daily records in accordance with Section 4.5.12.2.the 12.1. If DB Contractor determines that the costs of the Maintenance Services authorized pursuant to a Force Account Change Order will exceed the stated NTE, DB Contractor shall notify TxDOT of the additional costs required to complete such Work and TxDOT may approve an increase to the stated NTE. DB Contractor is not obligated to perform Work authorized pursuant to a Unit-priced Change Order once the approved NTE (as it may be adjusted) has been reached. Upon final determination of the allowable costs and subject to Section 4.5.12.2.4, TxDOT shall issue a modified Change Order setting forth the final adjustment to the Maintenance Price, which shall not exceed the stated NTE amount (as such amount may be adjusted as described herein).

Appears in 1 contract

Samples: Capital Maintenance Agreement

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