Common use of Requirements Applicable to Design and Construction Work Clause in Contracts

Requirements Applicable to Design and Construction Work. 4.1.18.1 To the extent that DB Contractor performs any design or construction work, including for Renewal Work or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Design-Build Specifications applicable to the original design, installation or construction; provided that the work shall be performed in accordance with then- current Good Industry Practice. Whenever the Design-Build Specifications or CMA Specification require design or construction of a Maintained Element to be undertaken in compliance with a standard, manual, guideline or specification, all such design and construction work associated with that Maintained Element shall comply with the latest version of such standard, manual, guideline or specification in effect on the date the applicable Maintenance Services are performed. DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change.

Requirements Applicable to Design and Construction Work. 4.1.18.1 3.5.1 To the extent that DB Contractor performs any design or construction work, including for Renewal Work Work, Unplanned Capital Maintenance, or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Design-Build Specifications Technical Provisions applicable to the original design, installation or construction; provided that the work shall be performed in accordance with then- then-current Good Industry Practice. Whenever the Design-Build Specifications or CMA Specification Technical Provisions require design or construction of a Maintained Element to be undertaken in compliance with a standard, manual, guideline or specification, all such design and construction work associated with that Maintained Element shall comply with the latest version of such standard, manual, guideline or specification in effect on the date the applicable Maintenance Services are performed. DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change.

Requirements Applicable to Design and Construction Work. 4.1.18.1 To the extent that DB Contractor performs any design or construction work, including for Renewal Work or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Design-Build Specifications applicable to the original design, installation or construction; provided that the work shall be performed in accordance with then- current Good Industry Practice. Whenever the Design-Build Specifications or CMA Specification require design or construction of a Maintained Element to be undertaken in compliance with a standard, manual, guideline or specification, all such design and construction work associated with that Maintained Element shall comply with the latest version of such standard, manual, guideline or specification in effect on the date the applicable Maintenance Services are DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 performed. DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change.