Common use of Items Included in Price Clause in Contracts

Items Included in Price. 12.1.2.1. DB Contractor acknowledges and agrees that, subject only to DB Contractor’s rights under Section 13, the Price includes: (a) all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite and other overhead, profit and services relating to DB Contractor’s performance of its obligations under the DBA Documents (including all Work, equipment, materials, labor and services provided by Subcontractors and intellectual property rights necessary to perform the Work); (b) performance of each and every portion of the Work; (c) the cost of obtaining all Governmental Approvals; (d) all costs of compliance with and maintenance of the Governmental Approvals and compliance with Laws, except to the extent compliance with or maintenance of Governmental Approvals is the responsibility of Utility Owners pursuant to Section 6 of the Technical Provisions; (e) payment of any taxes, duties, permit and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor or services included therein; and (f) compensation for all risks and contingencies assigned to DB Contractor under the DBA Documents. The Price does not include the costs of the Option Work, unless TxDOT exercises its option to add any such Option Work to be performed in accordance with the provisions of Section 4.1.6. In the event TxDOT elects to exercise its right to include the Option Work, the Price shall be increased to reflect the amount of the Option Price(s) for any Option Work selected by TxDOT to be performed by DB Contractor. If TxDOT elects to issue an Option Notice to Proceed for Option 1 and/or Option 2, the Maximum Payment Schedule shall be increased by adding the amounts set forth in the applicable Option Work Payment Schedule(s) in Exhibit 5-[ ] to the corresponding months in the Maximum Payment Schedule. If TxDOT issues an Option Notice to Proceed for any or all of Options 3A-3I, the Parties will revise the Maximum Payment Schedule to include the applicable Option Price(s) set forth in Exhibit 5-[ ], based on reasonable allocations of the Option Price(s) for Option 3 Work as reflected in the approved schedule set forth in the Option Notice to Proceed. Upon amendment of the Maximum Payment Schedule in accordance with this Section 12.1.2.1, all references to the Maximum Payment Schedule set forth herein shall mean the schedule as amended hereby.

Items Included in Price. 12.1.2.1. DB Contractor acknowledges and agrees that, subject only to DB Contractor’s rights under Section 13, the Price includes: (a) all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite and other overhead, profit and services relating to DB Contractor’s performance of its obligations under the DBA Documents (including all Work, equipment, materials, labor and services provided by Subcontractors and intellectual property rights necessary to perform the Work); (b) performance of each and every portion of the Work; (c) the cost of obtaining all Governmental Approvals; (d) all costs of compliance with and maintenance of the Governmental Approvals and compliance with Laws, except to the extent compliance with or maintenance of Governmental Approvals is the responsibility of Utility Owners pursuant to Section 6 of the Technical Provisions; (e) payment of any taxes, duties, permit and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor or services included therein; and (f) compensation for all risks and contingencies assigned to DB Contractor under the DBA Documents. The Price does not include the costs of the Option Work, unless TxDOT exercises its option to add any such Option Work to be performed in accordance with the provisions of Section 4.1.6. In the event TxDOT elects to exercise its right to include the Option Work, the Price shall be increased to reflect the amount of the Option Price(s) for any Option Work selected by TxDOT to be performed by DB Contractor. If TxDOT elects to issue an Option Notice to Proceed for Option 1 and/or Option 2, the Maximum Payment Schedule shall be increased by adding the amounts set forth in the applicable Option Work Payment Schedule(s) in Exhibit 5-[ ] 5-1 and/or Exhibit 5-2, as applicable, to the corresponding months in the Maximum Payment Schedule. If TxDOT issues an Option Notice to Proceed for any or all of Options 3A-3I, the Parties will revise the Maximum Payment Schedule to include the applicable Option Price(s) set forth in Exhibit 5-[ ]5-3, based on reasonable allocations of the Option Price(s) for Option 3 Work as reflected in the approved schedule set forth in the Option Notice to Proceed. Upon amendment of the Maximum Payment Schedule in accordance with this Section 12.1.2.1, all references to the Maximum Payment Schedule set forth herein shall mean the schedule as amended hereby.

Items Included in Price. 12.1.2.1. DB Contractor acknowledges and agrees that, subject only to DB Contractor’s rights under Section 13, the Price includes: (a) all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite and other overhead, profit and services relating to DB Contractor’s performance of its obligations under the DBA Documents (including all Work, equipment, materials, labor and services provided by Subcontractors and intellectual property rights necessary to perform the Work); (b) performance of each and every portion of the Work; (c) the cost of obtaining all Governmental Approvals; (d) all costs of compliance with and maintenance of the Governmental Approvals and compliance with Laws, except to the extent compliance with or maintenance of Governmental Approvals is the responsibility of Utility Owners pursuant to Section 6 of the Technical Provisions; (e) payment of any taxes, duties, permit and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor or services included therein; and (f) compensation for all risks and contingencies assigned to DB Contractor under the DBA Documents. The Price does not include the costs of the Option Work, unless TxDOT exercises its option to add any such Option Work to be performed in accordance with the provisions of Section 4.1.6. In the event TxDOT elects to exercise its right to include the Option Work, the Price shall be increased to reflect the amount of the Option Price(s) for any Option Work selected by TxDOT to be performed by DB Contractor. If TxDOT elects to issue an Option Notice to Proceed for Option 1 and/or Option 2, Contractor and the Maximum Payment Schedule shall Curve will be increased by adding the amounts set forth in the applicable Option Work Payment Schedule(s) in Exhibit 5-[ ] to the corresponding months in the Maximum Payment Schedule. If TxDOT issues an Option Notice to Proceed for any or all of Options 3A-3Iadjusted accordingly, the Parties will revise the Maximum Payment Schedule to include the applicable Option Price(s) set forth in Exhibit 5-[ ], based on reasonable allocations of the Option Price(s) for Option 3 Work as reflected in the approved schedule set forth in the Option Notice to Proceed. Upon amendment of the Maximum Payment Schedule in accordance with this Section 12.1.2.1, all references to the Maximum Payment Schedule set forth herein shall mean the schedule as amended herebyif applicable.