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, 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. 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 10-3028) 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. 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 SectionSection 4.1.18.2 in connection with the performance by DB Contractor of (i) any Unplanned Capital Maintenance shall be borne solely by DB Contractor and (ii) any Change Orders may be included in the increased Maintenance Price as permitted in accordance with Section 4.5.