Common use of Limitations on Change Orders for Discovery of Karst Features Clause in Contracts

Limitations on Change Orders for Discovery of Karst Features. Entitlement to compensation or a time extension for the mitigation of Unknown Karst Features shall be limited to Work performed pursuant to DB Contractor’s Karst Feature Mitigation Plans for such Unknown Karst Features, as approved by TxDOT in writing. DB Contractor shall demonstrate to TxDOT’s satisfaction that DB Contractor’s Karst Feature Mitigation Plans represent the approach that is most beneficial to the Project and the public. DB Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for a Price increase or a time extension with respect to an Unknown Karst Feature. Notwithstanding anything to the contrary in the Contract Documents, no compensation or time extension shall be allowed with respect to: (a) any Unknown Karst Features that could have been avoided by reasonable design modifications or construction techniques; (b) any costs that could have been avoided; (c) Unknown Karst Features on any DB Contractor-Designated ROW; or (d) any Karst Features that do not fall within the definition for Unknown Karst Features. DB Contractor shall not be entitled to delay or disruption damages resulting from a Karst Plan Delay or Karst Mitigation Delay.

Limitations on Change Orders for Discovery of Karst Features. Entitlement to compensation or a time extension for the mitigation of Unknown Karst Features shall be limited to Work performed to mitigate such Karst Feature pursuant to DB Contractor’s Karst Feature Mitigation Plans for such Unknown Karst Featuresmitigation plan, as approved by TxDOT in writing. DB Contractor shall demonstrate to TxDOT’s satisfaction that DB Contractor’s Karst Feature Mitigation Plans represent mitigation plan represents the approach that is most beneficial to the Project and the public. DB Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for a Price increase or a time extension with respect to an Unknown mitigation of a Karst Feature. Notwithstanding anything to the contrary in the Contract Documents, no compensation or time extension shall be allowed with respect to: (a) any Unknown Karst Features that could have been avoided by reasonable design modifications or construction techniques; (b) any costs that could have been avoided; or (c) Unknown Karst Features on any DB Contractor-Designated ROW; or (d) any Karst Features that do not fall within the definition for Unknown Karst Features. DB Contractor shall not be entitled to delay or disruption damages resulting from a Karst Plan Delay or Karst Mitigation Delay.