Requirements Applicable to Design and Construction Work Sample Clauses

Requirements Applicable to Design and Construction Work. 3.5.1 To the extent that DB Contractor performs any design or construction work, including for Capital Asset Replacement Work, Increased Capital Maintenance, or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Technical Provisions applicable to the original design, installation or construction in accordance with Exhibit 2, except as otherwise approved in advance in writing by TxDOT, provided that the work shall be performed in accordance with then-current Good Industry Practice. 3.5.2 In connection with the performance by DB Contractor of any Increased Capital Maintenance or Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its discretion (subject to Section 7.7.11) and (b) an increase in the amount of Maintenance Security equal to the full amount of the Increased Capital Maintenance or Change Order as determined by TxDOT in its discretion; provided, however, that, subject to applicable Law, TxDOT may, in its discretion, lower the level of Maintenance Security required. Any additional costs incurred as a result of actions taken by DB Contractor to comply with this Section 3.5.2 in connection with the performance by DB Contractor of (x) any Increased Capital Maintenance shall be borne solely by DB Contractor, and (y) any Change Orders may be included in the increased Maintenance Price as permitted in accordance with Section 10.

Requirements Applicable to Design and Construction Work. To the extent that Developer performs any design or construction work as part of the O&M Work, Developer shall comply with the requirements and specifications for design and construction set forth in the Technical Provisions and in the applicable sections of this Agreement, except as otherwise set forth herein or approved in advance by TxDOT.

Requirements Applicable to Design and Construction Work. 3.5.1 To the extent that DB Contractor performs any design or construction work for Renewal Work, Unplanned Capital Maintenance, or Change Orders, DB Contractor shall comply with the requirements and specifications for design and construction set forth in the Technical Provisions and in the applicable sections of the Design-Build Agreement, except as otherwise approved in advance in writing by TxDOT. 3.5.2 In connection with the performance by DB Contractor of any Unplanned Capital Maintenance or Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its sole discretion (subject to Section 7.7.11) and

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. 4.1.18.2 In connection with the performance by DB Contractor of any Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its discretion (subject to Section 3.3.11) and (b) an increase in the amount of Maintenance Security equal to the full amount of the Change Order as determined by TxDOT in its discretion; provided, however, that subject to applicable Law, TxDOT may, in its discretion, lower the level of Maintenance Security required. Any additional costs incurred as a result of actions taken by DB Contractor to comply with this Section 4.1.18.2 in connection with the performance by DB Contractor of any Change Orders may be included in the increased Maintenance Price as permitted in accordance with Section 4.5.

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, Unplanned Capital Maintenance or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Design-Build Specifications (Items 10-30) and Special Provisions applicable to the original design, installation or construction; provided that the work shall be performed in accordance with then-current Good Industry Practice. 4.1.18.2 In connection with the performance by DB Contractor of any Unplanned Capital Maintenance or Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its discretion (subject to Section 3.4.11) and (b) an increase in the amount of Maintenance Security equal to the full amount of the Unplanned Capital Maintenance or Change Order as determined by TxDOT in its discretion; provided, however, that subject to applicable Law, TxDOT may, in its discretion, lower the level of Maintenance Security required. Any additional costs incurred as a result of actions taken by DB Contractor to comply with this Section

Requirements Applicable to Design and Construction Work. 3.5.1 To the extent that DB Contractor performs any design or construction work, including for Renewal Work, Unplanned Capital Maintenance, or Change Orders, DB 3.5.2 In connection with the performance by DB Contractor of any Unplanned Capital Maintenance or Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its sole discretion (subject to Section 7.7.11) and

Requirements Applicable to Design and Construction Work. 3.4.1 To the extent that Maintenance Contractor performs any design or construction work for Capital Asset Replacement Work, Unplanned Capital Maintenance, or Change Orders, Maintenance Contractor shall comply with the requirements and specifications for design and construction set forth in the Technical Provisions and in the applicable sections of the Development Agreement, except as otherwise approved in advance in writing by TxDOT. 3.4.2 In connection with the performance by Maintenance Contractor of any Unplanned Capital Maintenance or Change Orders, Maintenance Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its sole discretion and (b) payment and performance bonds each in the full amount of the Unplanned Capital Maintenance or Change Order as determined by TxDOT in its sole discretion; provided, however, that subject to applicable Law, TxDOT may, in its sole discretion, lower the level of bonding required. In the event the insurance and payment and performance bonds are procured for such design and construction work, Maintenance Contractor shall be entitled to reimbursement (without profit or mark-up) in accordance with Section 7.8 for any actual payments made by Maintenance Contractor for the premiums, except to the extent that: (a) the design and construction work arises from the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract, or Governmental Approval by any Maintenance Contactor-Related Entity; or

Requirements Applicable to Design and Construction Work. 3.4.1 To the extent that Maintenance Contractor performs any design or construction work for Capital Asset Replacement Work, Unplanned Capital Maintenance, or Change Orders, Maintenance Contractor shall comply with the requirements and specifications for design and construction set forth in the Technical Provisions and in the applicable sections of the DBA, except as otherwise approved in advance in writing by TxDOT. Texas Department of Transportation Execution Version Horseshoe Project 13 Capital Maintenance Agreement 3.4.2 In connection with the performance by Maintenance Contractor of any Unplanned Capital Maintenance or Change Orders, Maintenance Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its sole discretion (subject to Section 7.3.11) and (b) payment and performance bonds each in the full amount of the Unplanned Capital Maintenance or Change Order as determined by TxDOT in its sole discretion; provided, however, that subject to applicable Law, TxDOT may, in its sole discretion, lower the level of bonding required. In the event the insurance and payment and performance bonds are procured for such design and construction work, Maintenance Contractor shall be entitled to reimbursement (without profit or ▇▇▇▇-up) in accordance with Section 7.8 for any actual payments made by Maintenance Contractor for the premiums, except to the extent that: (a) the design and construction work arises from the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract, or Governmental Approval by any Maintenance Contactor-Related Entity; or (b) the design and construction work arises from a failure to meet the Performance Requirements of this Capital Maintenance Agreement; or (c) the premiums result from the claim or performance history of any Maintenance Contractor- Related Entity.

Requirements Applicable to Design and Construction Work. 3.4.1 To the extent that Maintenance Contractor performs any design or construction work for Capital Asset Replacement Work, Unplanned Capital Maintenance, or Change Orders, Maintenance Contractor shall comply with the requirements and specifications for design and construction set forth in the Technical 3.4.2 In connection with the performance by Maintenance Contractor of any Unplanned Capital Maintenance or Change Orders, Maintenance Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its sole discretion (subject to Section 7.3.11) and (b) payment and performance bonds each in the full amount of the Unplanned Capital Maintenance or Change Order as determined by TxDOT in its sole discretion; provided, however, that subject to applicable Law, TxDOT may, in its sole discretion, lower the level of bonding required. In the event the insurance and payment and performance bonds are procured for such design and construction work, Maintenance Contractor shall be entitled to reimbursement (without profit or mark-up) in accordance with Section 7.8 for any actual payments made by Maintenance Contractor for the premiums, except to the extent that: (a) the design and construction work arises from the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract, or Governmental Approval by any Maintenance Contactor-Related Entity; or (b) the design and construction work arises from a failure to meet the Performance Requirements of this Capital Maintenance Agreement; or (c) the premiums result from the claim or performance history of any Maintenance Contractor- Related Entity.