Common use of Performance of Work; Project Management Plan Clause in Contracts

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor shall submit to TxDOT for approval in its sole discretion in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor shall contract for all CQAF services through an independent firm(s). (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in applicable ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. an independent firm(s). (a) DB Contractor Developer shall contract for all CQAF services through an independent firm(s).through (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor Developer or any subsidiary or related company affiliated with DB Contractor Developer or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor Developer shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 2.1.1.1. The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan and otherwise complying Schematic Design. The Work shall comply with all the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 2.1.1.2. DB Contractor is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 2.1.1.3. DB Contractor shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 2.1.1.4. DB Contractor shall submit to TxDOT for approval in its sole good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 2.1.1.5. Except as described in Section 2.2.7.9 of the Technical Provisions, DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 2.1.1.6. If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document document, then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 2.1.1.7. DB Contractor shall ensure that the Project Quality Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 90012000 and BS EN ISO 14001:2004 as of the Effective Date.appropriate 2.1.1.8 2.1.1.8. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 2.1.1.9. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.10. The DQCM DQAM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor shall contract for all CQAF services through an independent firm(s). (b) The CQAF shall not be owned at any time during the term of the Agreement DBA or CMA by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Preliminary Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance of each of Section 1A, Section 1B and Segment 2 on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such all materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor is responsible for all quality assurance and quality control activities necessary to manage fulfill all of its obligations under the WorkContract Documents. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the component parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 of this Agreement and the time line timing requirements set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose require any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line timing requirements set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this including Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.8 The DQCM PSQAM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design Professional Services elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF Independent Quality Firm Manager (IQFM) shall, irrespective of its his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction Construction Work elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor shall contract for all CQAF PSQAF and IQF services through an independent firm(s). (b) The CQAF PSQAF and the IQF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor shall not terminate its agreement with the CQAFPSQAF or IQF, or permit or suffer any substitution or replacement of the CQAFPSQAF or IQF, except with TxDOT’s prior written approval. 2.1.1.9 DB Contractor shall cause the Subcontracts to be entered into between DB Contractor and the PSQAF and between DB Contractor and the IQF to provide that: (a) the PSQAF and the IQF shall owe a duty of care to TxDOT in carrying out their respective obligations in relation to the Project; and (b) the PSQAM and the IQFM shall be independent from DB Contractor, including by having authority independent of the Project Manager, and shall not be directed by the Project Manager.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Draft Interim Schematic and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its sole TxDOT’s good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 9001: 2000 and BS EN ISO 14001: 2004 as of the Effective Dateappropriate. 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor Developer shall contract for all CQAF services through an independent firm(s).through (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion.the (c) DB Contractor Developer shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its sole good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole its good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 9001: 2000 and BS EN ISO 14001: 2004 as of the Effective Date.appropriate 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor Developer shall contract for all CQAF services through an independent firm(s).through (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion.the (c) DB Contractor Developer shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 2.1.1.1. The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan and otherwise complying Schematic Design. The Work shall comply with all the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 2.1.1.2. DB Contractor is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 2.1.1.3. DB Contractor shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 2.1.1.4. DB Contractor shall submit to TxDOT for approval in its sole good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 2.1.1.5. Except as described in Section 2.2.7.9 of the Technical Provisions, DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 2.1.1.6. If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document document, then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOTitsTxDOT’s sole good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 2.1.1.7. DB Contractor shall ensure that the Project Quality Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 90012000 and BS EN ISO 14001:2004 as of the Effective Date.appropriate 2.1.1.8 2.1.1.8. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 2.1.1.9. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.10. The DQCM DQAM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor shall contract for all CQAF services through an independent firm(s). (b) The CQAF shall not be owned at any time during the term of the Agreement DBA or CMA by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 2.1.1.1. The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan and otherwise complying Base Scope Schematic. The Work shall comply with all the requirements of the Contract DBA Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract DBA Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 2.1.1.2. DB Contractor is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.3 2.1.1.3. DB Contractor shall develop the Project Management Plan as provided in the Technical Provisions and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 2.1.1.4. DB Contractor shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 3 of this Agreement DBA and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 2.1.1.5. DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement DBA and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 2.1.1.6. If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 2.1.1.7. DB Contractor shall ensure that the Project Management Plan meets all requirements set out in BS EN ISO 9001 standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 2.1.1.8. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 2.1.1.9. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.10. The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. . Further, (ai) DB Contractor shall contract for all CQAF services through an independent firm(s). ; (bii) The the CQAF shall not be owned at any time during the term of the Agreement Term by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. ; and (ciii) DB Contractor shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its sole good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole its good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 9001: 2000 and BS EN ISO 14001: 2004 as of the Effective Date.appropriate 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. an independent firm(s). (a) DB Contractor Developer shall contract for all CQAF services through an independent firm(s).through (b) The CQAF shall not be owned at any time during the term of the Agreement CDA by the DB Contractor Developer or any subsidiary or related company affiliated with DB Contractor Developer or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor Developer shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 2.1.1.1. The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan and otherwise complying Base Scope Schematic. The Work shall comply with all the requirements of the Contract DBA Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract DBA Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 2.1.1.2. DB Contractor is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.3 2.1.1.3. DB Contractor shall develop the Project Management Plan as provided in the Technical Provisions and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 2.1.1.4. DB Contractor shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 3 of this Agreement DBA and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 2.1.1.5. DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisionsbeen 2.1.1.6. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 2.1.1.7. DB Contractor shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 2.1.1.8. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 2.1.1.9. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.10. The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. . Further, (ai) DB Contractor shall contract for all CQAF services through an independent firm(s). ; (bii) The the CQAF shall not be owned at any time during the term of the Agreement Term by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. ; and (ciii) DB Contractor shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Preliminary Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance of each of Section 1A, Section 1B and Segment 2 on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor is responsible for all quality assurance and quality control activities necessary to manage fulfill all of its obligations under the WorkContract Documents. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the component parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 of this Agreement and the time line timing requirements set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose require any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line timing requirements set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this including Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.8 The DQCM PSQAM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design Professional Services elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF Independent Quality Firm Manager (IQFM) shall, irrespective of its his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction Construction Work elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor shall contract for all CQAF PSQAF and IQF services through an independent firm(s). (b) The CQAF PSQAF and the IQF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor shall not terminate its agreement with the CQAFPSQAF or IQF, or permit or suffer any substitution or replacement of the CQAFPSQAF or IQF, except with TxDOT’s prior written approval. 2.1.1.9 DB Contractor shall cause the Subcontracts to be entered into between DB Contractor and the PSQAF and between DB Contractor and the IQF to provide that: (a) the PSQAF and the IQF shall owe a duty of care to TxDOT in carrying out their respective obligations in relation to the Project; and (b) the PSQAM and the IQFM shall be independent from DB Contractor, including by having authority independent of the Project Manager, and shall not be directed by the Project Manager.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Schematic Design and otherwise complying with the requirements of the Contract CDA Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract CDA Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost costs of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its sole good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole its good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in XX XXX ISO standards relating to quality systems, plans 9001: 2000 and audits in effect BS EN ISO 14001 as of the Effective Dateappropriate. 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM shall, irrespective of his PSQRF or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, as the case may be and irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elementsPlan. (a) DB Contractor Developer shall contract for all PSQRF and CQAF services through an independent firm(s), as named in the Proposal. (b) The PSQRF shall not be owned at any time during the term of the CDA or CMA by the Developer or any subsidiary or related company affiliated with Developer unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) The CQAF shall not be owned at any time during the term of the Agreement CDA or CMA by the DB Contractor Developer or any subsidiary or related company affiliated with DB Contractor Developer or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (cd) DB Contractor Developer shall not terminate its agreement agreements with the PSQRF or the CQAF, or permit or suffer any substitution or replacement of the CQAFthem, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Preliminary Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor is responsible for all quality assurance and quality control activities necessary to manage fulfill all of its obligations under the WorkContract Documents. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the component parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 of this Agreement and the time line timing requirements set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose require any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line timing requirements set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this including Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.8 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design Professional Services elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF Independent Quality Firm Manager IQFM shall, irrespective of its his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction Construction Work elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor shall contract for all CQAF PSQAF and IQF services through an independent firm(s). (b) The CQAF PSQAF and the IQF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor shall not terminate its agreement with the CQAFPSQAF or IQF, or permit or suffer any substitution or replacement of the CQAFPSQAF or IQF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 2.1.1.1. The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan and otherwise complying Schematic Design for each Segment. The Work shall comply with all the requirements of the Contract DBA Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract DBA Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 2.1.1.2. DB Contractor is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 2.1.1.3. DB Contractor shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 2.1.1.4. DB Contractor shall submit to TxDOT for approval in its sole good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement DBA and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 2.1.1.5. Except as described in Section 2.2.7.9 of the Technical Provisions, DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement DBA and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 2.1.1.6. If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document document, then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 2.1.1.7. DB Contractor shall ensure that the Project Quality Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 9001:2000 and BS EN ISO 14001:2004 as of the Effective Date.appropriate 2.1.1.8 2.1.1.8. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 2.1.1.9. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.10. The DQCM DQAM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor shall contract for all CQAF services through an independent firm(s). (b) The CQAF shall not be owned at any time during the term of the Agreement DBA by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its sole good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions.. Texas Department of Transportation RFP Addendum 1 2 SH 99 Grand Parkway Project June 19July 2, 2012 8 Development Agreement 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole its good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 9001: 2000 and BS EN ISO 14001: 2004 as of the Effective Date.appropriate 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor Developer shall contract for all CQAF services through an independent firm(s).through (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion.the (c) DB Contractor Developer shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in applicable ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements.with (a) DB Contractor Developer shall contract for all CQAF services through an independent firm(s).through (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion.the (c) DB Contractor Developer shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 2.1.1.1. The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan and otherwise complying Base Scope Schematic. The Work shall comply with all the requirements of the Contract DBA Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract DBA Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 2.1.1.2. DB Contractor is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.3 2.1.1.3. DB Contractor shall develop the Project Management Plan as provided in the Technical Provisions and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 2.1.1.4. DB Contractor shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 3 of this Agreement DBA and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 2.1.1.5. DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement DBA and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 2.1.1.6. If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 2.1.1.7. DB Contractor shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 9001: 2008 and BS EN ISO 14001: 2004 as of the Effective Dateappropriate. 2.1.1.8 2.1.1.8. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 2.1.1.9. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.10. The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. . Further, (ai) DB Contractor shall contract for all CQAF services through an independent firm(s). ; (bii) The the CQAF shall not be owned at any time during the term of the Agreement Term by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. ; and (ciii) DB Contractor shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its sole good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole its good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 9001: 2000 and BS EN ISO 14001: 2004 as of the Effective Date.appropriate 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements.those (a) DB Contractor Developer shall contract for all CQAF services through an independent firm(s).through (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion.the (c) DB Contractor Developer shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the t he requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in applicable ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor Developer shall contract for all CQAF services through an independent firm(s).through (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion.the (c) DB Contractor Developer shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Draft Interim Schematic and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB ContractorDeveloper’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor Developer shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor Developer is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor Developer shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor Developer shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor Developer shall submit to TxDOT for approval in its sole TxDOT’s good faith discretion in accordance with the procedures described in Section 3.1 3 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB ContractorDeveloper. 2.1.1.5 DB Contractor Developer shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole good faith discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor Developer shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect audits, including BS EN ISO 9001: 2000 and BS EN ISO 14001: 2004 as of the Effective Dateappropriate. 2.1.1.8 DB Contractor Developer shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor Developer shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements.with (a) DB Contractor Developer shall contract for all CQAF services through an independent firm(s).through (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion.the (c) DB Contractor Developer shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan Preliminary Schematic Design and otherwise complying with the requirements of the Contract Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 DB Contractor is responsible for all quality assurance and quality control activities necessary to manage fulfill all of its obligations under the WorkContract Documents. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 DB Contractor shall develop the Project Management Plan and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the component parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 of this Agreement and the time line timing requirements set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose require any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line timing requirements set forth in Attachment 2-1 to the Technical Provisions, including Section 2. The schedule Texas Department of Transportation SH 249 Extension Project 9 Request for submission of each component partProposals Design-Build Agreement September 28, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions.2016 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.8 The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design Professional Services elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF Independent Quality Firm Manager IQFM shall, irrespective of its his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction Construction Work elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor shall contract for all CQAF PSQAF and IQF services through an independent firm(s). (b) The CQAF PSQAF and the IQF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor shall not terminate its agreement with the CQAFPSQAF or IQF, or permit or suffer any substitution or replacement of the CQAFPSQAF or IQF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 2.1.1.1. The Work shall include the design and construction of the Project, conforming to the Basic Configuration as set forth in the Concept Plan and otherwise complying Base Scope Schematic. The Work shall comply with all the requirements of the Contract DBA Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract DBA Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 2.1.1.2. DB Contractor is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice. 2.1.1.3 2.1.1.3. DB Contractor shall develop the Project Management Plan as provided in the Technical Provisions and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 2.1.1.4. DB Contractor shall submit to TxDOT for approval in its TxDOT’s sole discretion in accordance with the procedures described in Section 3.1 3 of this Agreement DBA and the time line set forth in Attachment 2-1 to the Technical Provisions each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 2.1.1.5. DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement DBA and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 2.1.1.6. If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT.procedure 2.1.1.7 2.1.1.7. DB Contractor shall ensure that the Project Management Plan meets all requirements set out in BS EN ISO 9001 standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 2.1.1.8. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 2.1.1.9. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 2.1.1.10. The DQCM PSQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. . Further, (ai) DB Contractor shall contract for all CQAF services through an independent firm(s). ; (bii) The the CQAF shall not be owned at any time during the term of the Agreement Term by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to by TxDOT in writing by TxDOT at TxDOT’s sole discretion. ; and (ciii) DB Contractor shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.

Performance of Work; Project Management Plan. 2.1.1.1 2.1.1.1. The Work shall include the design and construction of the ProjectProject as set forth herein, conforming to the Basic Configuration as set forth in the Concept Plan and otherwise complying Final Design Documents for each Location. The Work shall comply with all the requirements of the Contract DBC Documents, except as otherwise approved in writing by TxDOT. All materials, services and efforts necessary to achieve Substantial Completion and Final Acceptance on or before the applicable Completion Deadline shall be DB Contractor’s sole responsibility, except as otherwise specifically provided in the Contract Documents. DB Contractor shall plan, schedule, and execute all aspects of the Work and shall coordinate its activities with all Persons who are directly impacted by the Work. Subject to the terms of Section 13, the cost of all Work, including such materials, services and efforts as are necessary for the Work, are included in the Price. 2.1.1.2 . DB Contractor is responsible for all quality assurance and quality control activities necessary to manage the Work. DB Contractor shall undertake all aspects of quality assurance and quality control for the Project and Work in accordance with the approved Project Management Plan and Good Industry Practice.. DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. In accordance with the Project Management Plan, DB Contractor shall provide written notice to TxDOT of the commencement of construction Work with respect to a Location not later than 10 Texas Department of Transportation Energy Sector Roadway Repair Project November 5, 2013 4 Final RFP Addendum #2 Design-Build Contract 2.1.1.3 2.1.1.2. DB Contractor shall develop the Project Management Plan as provided in the Technical Provisions and its component parts, plans and other documentation in accordance with the requirements set forth in Section 2 of the Technical Provisions and Good Industry Practice. The Project Management Plan shall include all the parts and other documentation identified in Attachment 2-1 to the Technical Provisions. 2.1.1.4 DB Contractor shall submit to TxDOT for approval approval, in its sole discretion in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions discretion, each component part, plan and other documentation of the Project Management Plan and any proposed changes or additions to or revisions of any such component part, plan or other documentation. TxDOT’s decision regarding whether to approve the PMP under this Section 2.1.1.2 shall not be arbitrary or capricious. TxDOT may propose any change required to comply with Good Industry Practice or to reflect a change in working practice to be implemented by DB Contractor. 2.1.1.5 2.1.1.3. Except as described in the Technical Provisions, DB Contractor shall not commence or permit the commencement of any aspect of the Work before the relevant component parts, plans and other documentation of the Project Management Plan applicable to such Work have been submitted to and approved by TxDOT in accordance with the procedures described in Section 3.1 of this Agreement and the time line set forth in Attachment 2-1 to the Technical Provisions. The schedule for submission of each component part, plan and other documentation of the Project Management Plan or any proposed changes or additions thereto is included in this Section 2 and Attachment 2-1 to the Technical Provisions. 2.1.1.6 If any part, plan or other documentation of the Project Management Plan refers to, relies on or incorporates any manual, plan, procedure or like document then all such referenced or incorporated materials shall be submitted to TxDOT for approval in TxDOT’s sole discretion at the time that the relevant part, plan or other documentation of the Project Management Plan or change, addition or revision to the Project Management Plan is submitted to TxDOT. 2.1.1.7 DB Contractor shall ensure that the Project Management Plan meets all requirements set out in ISO standards relating to quality systems, plans and audits in effect as of the Effective Date. 2.1.1.8 DB Contractor shall carry out internal audits of the Project Management Plan at the times prescribed in the Project Management Plan. 2.1.1.9 DB Contractor shall cause each of its Subcontractors at every level to comply with the applicable requirements of the approved Project Management Plan. 2.1.1.10 The DQCM shall, irrespective of his or her other responsibilities, have defined authority for ensuring the establishment and maintenance of the design elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements; and the CQAF shall, irrespective of its other responsibilities, have defined authority for ensuring the establishment and maintenance of the construction elements of the Project Management Plan and reporting to TxDOT on the performance of the Project Management Plan with respect to those elements. (a) DB Contractor shall contract for all CQAF services through an independent firm(s). (b) The CQAF shall not be owned at any time during the term of the Agreement by the DB Contractor or any subsidiary or related company affiliated with DB Contractor or the Design Firm(s) unless agreed to in writing by TxDOT at TxDOT’s sole discretion. (c) DB Contractor shall not terminate its agreement with the CQAF, or permit or suffer any substitution or replacement of the CQAF, except with TxDOT’s prior written approval.