Common use of Equipment Clause in Contracts

Equipment. 10.7.3.1 Costs for Maintenance Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 Costs for Maintenance DB Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be (i) the published monthly rate divided by 175 176 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book Book, plus (ii) the estimated hourly operating cost raterate shown in the Rental Rate Blue Book. Maintenance DB Contractor shall be considered to own such items if an ownership interest therein is held by: by (i) Maintenance DB Contractor, (ii) any equity participant in Maintenance DB Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance DB Contractor, any equity participant in Maintenance DB Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 4.5.10.3.1 Costs for Maintenance DB Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The the equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 to yield an 176 times the age and regional adjustment factors plus the hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year operating costs; plus (b) 15% of the equipment was manufactured rental rates for overhead and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rateprofit. Maintenance DB Contractor shall be considered to own such items if an ownership interest therein is held by: : (i) Maintenance DB Contractor, (ii) any equity participant in Maintenance DB Contractor, (iii) any Subcontractor performing construction workthe Maintenance Services, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance DB Contractor or any such affiliate of a Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 4.5.10.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment equipment, plus a 515% markup for overhead and profit. 10.7.3.3 4.5.10.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 Costs for Maintenance Contractor-(a) For machinery or special equipment (other than small tools as herein defined in Subsection 8.3.4.5.(h) owned machineryor leased by the Contractor or a related entity, trucks, power tools or other similar equipment that are required for Change Order work the use of which has been authorized by the Project Manager: (1) The Contractor will be allowed paid at the per-hour rental rates based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage monthly rate established for overhead and profit being added; and (b) The said machinery or equipment rental rates shall be those tabulated in the most recent version then-current edition of the Rental Rate Blue BookBook for Construction Equipment including the estimated operating cost per hour and regional correction provided therein. (2) If no rate is listed for a particular kind, type or size of machinery or equipment, then the monthly, hourly rates shall be as agreed upon in writing by the Contractor and the Project Manager prior to the use of said machinery or equipment. If there is no agreement, the Project Manager will set a rate. The rental Contractor may contest the rate pursuant to Section 7.25, DISPUTES AND CLAIMS. (3) Rental rates to be used shall be which are higher than those specified in the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the aforesaid Rental Rate Blue Book adjustment publication may be allowed where such higher rates can be justified by job conditions such as work in water and work on lava, etc. Request for such higher rates shall be submitted in writing to the Project Manager for approval prior to the use of the machinery or equipment in question. (b) For machinery or special equipment [other than small tools as herein defined in clause 8.3.4.5 (h)] rented by the Contractor or a related entity specifically for the Force Account work, the use of which has been authorized by the Project Manager, the Contractor will be paid the actual rental cost for the machinery or equipment, including mobilization and demobilization costs. A receipt from the equipment supplier shall be submitted to the Project Manager. (c) For machinery or special equipment [other than small tools as herein defined in clause 8.3.4.5 (h)] rented by the Contractor or a related entity for use in the project, but which will also be used for the Force Account work, the use of which has been authorized by the Project Manager, the Contractor will be paid the actual rental cost for the machinery or equipment. No additional mobilization and demobilization costs will be paid. A receipt from the equipment supplier shall be submitted to the Project Manager. (d) The rental rate for the year the equipment was manufactured and trucks not owned by the regional factor contained Contractor shall be those as established under the Hawaii State Public Utilities Commission, which will be paid for as an equipment item pursuant to Subsection 8.3.4.5, EQUIPMENT. Rental rates for Contractor owned trucks not listed in the Rental Rate Blue Book estimated hourly operating cost shall be agreed upon in writing by the Contractor and Project Manager prior to the use of said trucks. If there is no agreement, the Project Manager shall set the rate. Maintenance The Contractor may contest the rate pursuant to Section 7.25, DISPUTES AND CLAIMS. (e) The rental period shall begin at the time equipment reaches the site of work, shall include each day that the machinery or equipment is at the site of the work and shall terminate at the end of the day on which the equipment is no longer needed. In the event the equipment must standby due to work being delayed or halted by reason of design, traffic, or other related problems uncontrollable by the Contractor, excluding Saturdays, Sundays and Legal Holidays, unless the equipment is used to perform work on such days, the rental shall be two (2) hours per day until the equipment is no longer needed. (1) The rental time to be paid will be for the time actually used. The Project Manager prior to the performance of such work must approve any hours or operation in excess of eight (8) hours in any one (1) day. (2) Rental time will not be allowed or credited for any day on which machinery or equipment is inoperative due to its breakdown. On such days, the Contractor will be paid only for the actual hours, if any, that the machinery or equipment was in operation. (3) In the event the Force Account work is completed in less than eight (8) hours, equipment rental shall nevertheless be paid for a minimum eight (8) hours. (4) For the purpose of determining the rental period the continuous and consecutive days shall be the normal eight (8) hour shift work day, Monday through Friday excluding legal holidays. Any work day to be paid less than eight (8) hours shall not be considered as continuous, except for equipment removed from rental for fuel and lubrication. (5) No additional premium beyond the normal rates used will be paid for equipment over eight (8) hours per day or forty (40) hours per week. (f) All rental rates for machinery and equipment shall include the cost of fuel, oil, lubricants, supplies, small tools, necessary attachments, repairs, maintenance, tire wear, depreciation, storage, and all other incidentals. (g) All machinery and equipment shall be in good working condition and suitable for the purpose for which the machinery and equipment is to be used. (h) Individual pieces of equipment or tools having a replacement value of $2,000 (two thousand dollars) or less, whether or not consumed by use, shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant be small tools and included in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profitprofit and no separate payment will be made therefor. 10.7.3.3 (i) The time total of all Force Account rental charges accrued over the duration of the contract for a specific item of equipment shall not exceed the replacement cost of that equipment. (1) The Contractor shall provide the cost of replacement to the Project Manager prior to using the equipment. If the Project Manager does not agree with the replacement cost, the Project Manager shall set the replacement cost. The Contractor may contest the replacement cost pursuant to Section 7.25, DISPUTES AND CLAIMS. (j) Should the item of equipment be rented from an unrelated entity, the rental cost will be treated as equipment cost under Subsection 8.3.4.5, EQUIPMENT. (k) Transportation and/or Mobilization: The following provisions shall govern in determining the compensation to be paid to the Contractor for use of equipment or machinery on the Site Force Account method: (1) The Project Manager shall be approve the time location from which the equipment is in operation on to be moved or transported. (2) Where the Change Order work being performed. The time shall include equipment must be transported to the site of the Force Account work, the Department will pay the reasonable time required cost of mobilizing and transporting the equipment, including its loading and unloading, from its original location to move the site of Force Account work. Upon completion of the work the Department will pay the reasonable cost of mobilizing and transporting the equipment back to the location of the Change Order work and return it to the its original location or to another location, whichever cost is less. (3) The cost of transporting the equipment shall not exceed the rates established by the Hawaii State Public Utilities Commission. If such rates are nonexistent, then the rates will be determined by the Project Manager based upon the prevailing rates charged by established haulers within the locale. (4) Where the equipment is self-propelled, the Department will pay the cost of moving the equipment by its own power from its original location requiring no more time than that required to return it the site of the Force Account work. Upon completion of the work the Department will pay the reasonable cost of moving of the Equipment back to its original or another location. Moving time will not be paid for if , whichever cost is less. (5) At the equipment is also used at discretion of the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving timeProject Manager, when the Contractor desires to use such equipment is moved by means for other than its own power. Payment Force Account work, the costs of mobilization and transportation shall be prorated between the Force Account and non- Force Account work. (l) Pickup trucks, vans, storage trailers, unless specifically rented for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipmentForce Account work, less than 30 minutes shall be considered one-half hourincidental to the Force Account work and the costs therefor are included in the markup allowed under Section 4.5, ALLOWANCES FOR OVERHEAD AND PROFIT.

Equipment. 10.7.3.1 10.7.3.1. Costs for Maintenance DB Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be (i) the published monthly rate divided by 175 176 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book Book, plus (ii) the estimated hourly operating cost raterate shown in Rental Rate Blue Book. Maintenance DB Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance DB Contractor, (ii) any equity participant in Maintenance DB Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance DB Contractor, any equity participant in Maintenance DB Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 10.7.3.2. Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 10.7.3.3. The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 Costs The Supplier is responsible for Maintenance Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work providing any Equipment which the Supplier requires to provide the Services. Any Equipment brought onto the premises will be allowed based at the Supplier's own risk and the Buyer will have no liability for any loss of, or damage to, any Equipment. When the Call-Off Contract Ends or expires, the Supplier will remove the Equipment and any other materials leaving the premises in a safe and clean condition. The Contracts (Rights of Third Parties) Act 1999 Except as specified in clause 29.8, a person who isn’t Party to this Call-Off Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. This does not affect any right or remedy of any person which exists or is available otherwise. Environmental requirements The Buyer will provide a copy of its environmental policy to the Supplier on request, which the Supplier will comply with. The Supplier must provide reasonable support to enable Buyers to work in an environmentally friendly way, for example by helping them recycle or lower their carbon footprint. The Employment Regulations (TUPE) The Supplier agrees that if the Employment Regulations apply to this Call-Off Contract on the following methodology: Start date then it must comply with its obligations under the Employment Regulations and (aif applicable) The direct cost of fuelNew Fair Deal (including entering into an Admission Agreement) and will indemnify the Buyer or any Former Supplier for any loss arising from any failure to comply. Twelve months before this Call-Off Contract expires, lubricants, repairs, partsor after the Buyer has given notice to End it, and depreciation within 28 days of the Buyer’s request, the Supplier will fully and accurately disclose to the Buyer all staff information including, but not limited to, the total number of staff assigned for the purposes of TUPE to the Services. For each person identified the Supplier must provide details of: the activities they perform age start date place of work notice period redundancy payment entitlement salary, benefits and pension entitlements employment status identity of employer working arrangements outstanding liabilities sickness absence copies of all relevant employment contracts and related documents all information required under regulation 11 of TUPE or as reasonably requested by the Buyer The Supplier warrants the accuracy of the information provided under this TUPE clause and will notify the Buyer of any changes to the amended information as soon as reasonably possible. The Supplier will permit the Buyer to use and disclose the information to any prospective Replacement Supplier. In the 12 months before the expiry of this Call-Off Contract, the Supplier will not change the identity and number of staff assigned to the Services (unless reasonably requested by the Buyer) or their terms and conditions, other than in the ordinary course of business. The Supplier will co-operate with the re-tendering of this Call-Off Contract by allowing the Replacement Supplier to communicate with and meet the affected employees or their representatives. The Supplier will indemnify the Buyer or any Replacement Supplier for all Loss arising from both: its failure to comply with the provisions of this clause any claim by any employee or person claiming to be an employee (or their employee representative) of the Supplier which arises or is alleged to arise from any act or omission by the Supplier on or before the date of the Relevant Transfer The provisions of this clause apply during the Term of this Call-Off Contract and indefinitely after it Ends or expires. For these TUPE clauses, the relevant third party will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates able to be used shall be the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to enforce its original location. Moving time rights under this clause but their consent will not be paid for if required to vary these clauses as the equipment is also used at the Site other than for Change Order work. Loading Buyer and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hourSupplier may agree.

Equipment. 10.7.3.1 10.7.3.1. Costs for Maintenance Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be (i) the published monthly rate divided by 175 176 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book Book, plus (ii) the estimated hourly operating cost raterate shown in Rental Rate Blue Book. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 10.7.3.2. Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 10.7.3.3. The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 Costs for Maintenance Contractor-(a) For machinery or special equipment (other than small tools as herein defined in Subsection 8.3.4.5.(h) owned machineryor leased by the Contractor or a related entity, trucks, power tools or other similar equipment that are required for Change Order work the use of which has been authorized by the Project Manager: (1) The Contractor will be allowed paid at the per-hour rental rates based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage monthly rate established for overhead and profit being added; and (b) The said machinery or equipment rental rates shall be those tabulated in the most recent version then-current edition of the Rental Rate Blue BookBook for Construction Equipment including the estimated operating cost per hour and regional correction provided therein. (2) If no rate is listed for a particular kind, type or size of machinery or equipment, then the monthly, hourly rates shall be as agreed upon in writing by the Contractor and the Project Manager prior to the use of said machinery or equipment. If there is no agreement, the Project Manager will set a rate. The rental Contractor may contest the rate pursuant to Section 7.25, DISPUTES AND CLAIMS. (3) Rental rates to be used shall be which are higher than those specified in the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the aforesaid Rental Rate Blue Book adjustment publication may be allowed where such higher rates can be justified by job conditions such as work in water and work on lava, etc. Request for such higher rates shall be submitted in writing to the Project Manager for approval prior to the use of the machinery or equipment in question. (b) For machinery or special equipment [other than small tools as herein defined in clause 8.3.4.5 (h)] rented by the Contractor or a related entity specifically for the Force Account work, the use of which has been authorized by the Project Manager, the Contractor will be paid the actual rental cost for the machinery or equipment, including mobilization and demobilization costs. A receipt from the equipment supplier shall be submitted to the Project Manager. (c) For machinery or special equipment [other than small tools as herein defined in clause 8.3.4.5 (h)] rented by the Contractor or a related entity for use in the project, but which will also be used for the Force Account work, the use of which has been authorized by the Project Manager, the Contractor will be paid the actual rental cost for the machinery or equipment. No additional mobilization and demobilization costs will be paid. A receipt from the equipment supplier shall be submitted to the Project Manager. (d) The rental rate for the year the equipment was manufactured and trucks not owned by the regional factor contained Contractor shall be those as established under the Hawaii State Public Utilities Commission, which will be paid for as an equipment item pursuant to Subsection 8.3.4.5, EQUIPMENT. Rental rates for Contractor owned trucks not listed in the Rental Rate Blue Book estimated hourly operating cost shall be agreed upon in writing by the Contractor and Project Manager prior to the use of said trucks. If there is no agreement, the Project Manager shall set the rate. Maintenance The Contractor may contest the rate pursuant to Section 7.25, DISPUTES AND CLAIMS. (e) The rental period shall begin at the time equipment reaches the site of work, shall include each day that the machinery or equipment is at the site of the work and shall terminate at the end of the day on which the equipment is no longer needed. In the event the equipment must standby due to work being delayed or halted by reason of design, traffic, or other related problems uncontrollable by the Contractor, excluding Saturdays, Sundays and Legal Holidays, unless the equipment is used to perform work on such days, the rental shall be considered to own such items if an ownership interest therein two (2) hours per day until the equipment is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculationsno longer needed. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct (1) The rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 The time to be paid will be for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performedactually used. The time shall include the reasonable time required to move the equipment Project Manager prior to the location performance of the Change Order such work and return it to the original location must approve any hours or to another location requiring no more time than that required to return it to its original location. Moving operation in excess of eight (8) hours in any one (1) day. (2) Rental time will not be allowed or credited for any day on which machinery or equipment is inoperative due to its breakdown. On such days, the Contractor will be paid only for the actual hours, if any, that the machinery or equipment was in operation. (3) In the event the Force Account work is completed in less than eight (8) hours, equipment rental shall nevertheless be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full a minimum eight (8) hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 13.6.3.1. Costs for Maintenance DB Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work Work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will shall be considered without any additional compensation percentage for overhead and profit being addedthe “operating” rates as tabulated in the most recent version of the Rental Rate Blue Book; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 176 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance DB Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance DB Contractor, (ii) any equity participant in Maintenance DB Contractor, (iii) any Subcontractor performing construction workthe Construction Work, or (iv) any Affiliate of Maintenance DB Contractor, any equity participant in Maintenance DB Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 13.6.3.2. Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work Work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 13.6.3.3. The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work Work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work Work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order workWork. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work Work and cannot be used to perform other Maintenance ServicesWork. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 10.7.3.1. Costs for Maintenance Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be (i) the published monthly rate divided by 175 176 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book Book, plus (ii) the estimated hourly operating cost raterate shown in Rental Rate Blue Book. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 10.7.3.2. Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 10.7.3.3. The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 Costs for Maintenance Contractor-owned machineryFor all equipment other than small tools, trucks, power tools or other similar equipment that are required for Change Order the Contractor will be entitled to rental rates as established herein and agreed to in writing before the work is begun. Transportation costs directly attributable to Force Account work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation as stated below. Small tools will be considered without any additional compensation percentage equipment which has a new cost of $1000 or less and will not be eligible for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Bookany compensation. The rental rates Contractor shall provide the Project Officer a list of all equipment to be used in the work. For each piece of equipment, the list shall include the serial number; date of manufacture; location from which equipment will be transported; and, for rental equipment, the rental rate and name of the company from which it is rented. The number and types of equipment engaged in the work will be subject to regulation by the Project Officer as deemed to be the most practical and economical for the work. No compensation will be allowed for equipment which is inoperable due to mechanical failure. Compensation for equipment shall be as follows: 1) Hourly Base Equipment Rental Rates (Owned Equipment) – For equipment authorized for use in the published monthly rate divided Force Account work that is owned by 175 to yield an hourly ratethe Contractor, which hourly rate the Contractor shall be further adjusted by multiplying it by the entitled to an Hourly Base Rental Rate Blue Book adjustment rate as detailed in the following paragraphs. The Hourly Base Rental Rate for Contractor owned equipment will not exceed 1/176 of the year monthly rates of the equipment was manufactured and by the regional factor contained schedule shown in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant modified in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of accordance with the Rental Rate Blue Book should rate adjustment tables that are current at the time the force account is authorized. The rates for equipment not listed in the Rental Rate Blue Book schedule shall not exceed the hourly rate being paid for such equipment by the Contractor at the time of the force account authorization. In the absence of such rates, prevailing rates being paid in the area where the authorized work is to be discontinued for any reason, TxDOT may select a different publication from which to make the described calculationsperformed shall be used. 10.7.3.2 Costs 2) Hourly Base Equipment Rental Rates (Rented Equipment) – If the Contractor does not possess or have readily available equipment necessary for machinery, trucks, power tools or other similar performing the force account work and such equipment that are required for Change Order work is rented from any commercial enterprises routinely offering equipment and tools for rent or lease to a source other than a company that is an affiliate of the public Contractor, payment will be allowed based on actual invoice rates when the rates are reasonably in an amount equal to the direct line with established rental rate rates for the equipment plus a 5% markup for overhead in question and profitare approved by the Project Officer. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 Costs for Maintenance Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.that

Equipment. 10.7.3.1 Costs for Maintenance Contractor-Contractor owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B 4.5.10.3.1 Costs for Maintenance DB Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The the equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 to yield an 176 times the age and regional adjustment factors plus the hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year operating costs; plus (b) 15% of the equipment was manufactured rental rates for overhead and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rateprofit. Maintenance DB Contractor shall be considered to own such items if an ownership interest therein is held by: : (i) Maintenance DB Contractor, (ii) any equity participant in Maintenance DB Contractor, (iii) any Subcontractor performing construction workthe Maintenance Services, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance DB Contractor or any such affiliate of a Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 4.5.10.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment equipment, plus a 515% markup for overhead and profit. 10.7.3.3 4.5.10.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 Costs for Maintenance Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Texas Department of Transportation Execution Version Horseshoe Project 64 Capital Maintenance Agreement Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 13.7.3.1 Costs for Maintenance ContractorIntegrator-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book, available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇). The rental rates to be used shall be the published monthly rate divided by 175 150 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor Integrator shall be considered to own such items if an ownership interest therein is held by: by (iw) Maintenance ContractorIntegrator, (iix) any equity participant in Maintenance ContractorIntegrator, (iiiy) any Subcontractor performing construction work, or (ivz) any Affiliate of Maintenance ContractorIntegrator, any equity participant in Maintenance Contractor Integrator or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 13.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit.be 10.7.3.3 13.7.3.3 The time to be paid for use of equipment on the Project Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Project Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment No payment for loading and transporting will be made only if the equipment is also used at the Project Site other than for Change Order work and cannot be used to perform other Maintenance Serviceswork. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-one- half hour.

Equipment. 10.7.3.1 10.7.3.1. Costs for Maintenance Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 176 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book plus the estimated hourly operating cost raterate shown in the Rental Rate Blue Book. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 10.7.3.2. Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 10.7.3.3. The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.be

Equipment. 10.7.3.1 Costs for Maintenance Contractor-owned machinery, trucks, power tools or other similar equipment that are required for Change Order work will be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of the Rental Rate Blue Book should be discontinued for any reason, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work Work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for the equipment plus a 5% markup for overhead and profit. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work Work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work Work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order workWork. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work Work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.

Equipment. 10.7.3.1 Costs For any machinery or special equipment (other than small tools) including fuel and lubricant, plus transportation costs, the use of which has been authorized by the Owner, Contractor shall receive the rental rates indicated below for Maintenance Contractor-owned machinerythe actual time that such equipment is in operation on the Work or the time, trucksas indicated below, power tools or other similar the equipment that are required for Change Order work will is directed to stand by. Equipment rates shall be allowed based on the following methodology: (a) The direct cost edition in effect at the time of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication 's original bid of the Rental Rate Blue Book should for Construction Equipment or Rental Rate Blue Book for Older Construction Equipment, whichever applies, as published by Equipment Watchusing all instructions and adjustments contained therein and as modified below. Allowable Equipment Rates shall be discontinued established as defined below: Allowable Hourly Equipment Rate= Monthly Rate/176 x Adjustment factors x 70%. Allowable Hourly Operating Cost= Hourly Operating Cost x 70%. Allowable Rate Per Hour = Allowable Hourly Equipment Rate + allowable Hourly Operating Cost. • Standby Rate= Allowable Hourly Equipment Rate x 35% NOTE: The monthly rate is the basic machine plus any attachments. Standby rates shall apply when equipment is not in operation and is directed by the Owner to standby for any reasonlater use. In general, TxDOT may select a different publication from which Standby rates shall apply when equipment is not in use but willbe needed again to make complete The Work and the described calculations. 10.7.3.2 Costs for machinery, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public will be allowed in an amount equal to the direct rental rate for cost of moving the equipment plus a 5% markup for overhead and profit. 10.7.3.3 The time to be paid for use of equipment on will exceed the Site shall be the time the equipment is in operation on the Change Order work being performedaccumulated standby cost. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving Paymentfor standby time will not be paid made on any day the equipment operates for if 8 or more hours. For equipment accumulating less than 8 hours operating time on any normal workday, standby payment will be limited to only that number of hours which, when added to the operating time for that day equals 8hours. Standby payment will not be made on days that are not normally considered work days. The Owner will not approve any rates in excess of the rates as outlined above. Payable time periods will not include: Time elapsed while equipment is broken down; Time spent in repairing equipment; or Time elapsed after the Owner has advised Contractor the equipment is also used at no longer needed. If a piece of equipment is needed which is not included in the Site other than for Change Order work. Loading and transporting costs will above Blue Book rental rates, reasonable rates shall be allowed, agreed upon in lieu of moving time, when writing before the equipment is moved used. All equipment charges by means persons or firms other than its own powerContractor shall be supported by invoices. Payment Transportation charges for loading each piece of equipment to and transporting from the site of the Work will be made only if the paid provided: The equipment is used for Change Order work obtained from the nearest approved source; The return charges do not exceed the delivery charges; Haul rates do not exceed the established rates of licensed haulers; and canSuch charges are restricted to those units of equipment not be used to perform other Maintenance Services. Time will be computed in half already available and full hours. In computing not on or near the time for use of equipment, less than 30 minutes shall be considered one-half hourProject.

Equipment. 10.7.3.1 Costs For any machinery or special equipment (other than small tools) including fuel and lubricant, plus transportation costs, the use of which has been authorized by the Engineer, the Contractor shall receive the rental rates indicated below for Maintenance Contractor-owned machinerythe actual time that such equipment is in operation on The Work or the time, trucksas indicated below, power tools or other similar the equipment that are required for Change Order work will is directed to stand by. Equipment rates shall be allowed based on the following methodology: (a) The direct cost of fuel, lubricants, repairs, parts, and depreciation will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version of the Rental Rate Blue Book. The rental rates to be used shall be the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication latest edition of the Rental Rate Blue Book should for Construction Equipment or Rental Rate Blue Book for Older Construction Equipment, whichever applies, as published by Equipment Watch using all instructions and adjustments contained therein and as modified below. Allowable Equipment Rates shall be discontinued established as defined below:  Allowable Hourly Operating Cost = Hourly Operating Cost.  Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost.  Standby Rate = Allowable Hourly Equipment Rate x 35% NOTE: The monthly rate is the basic machine plus any attachments. Standby rates shall apply when equipment is not in operation and is directed by the Engineer to standby for any reasonlater use. In general, TxDOT may select a different publication from which to make the described calculations. 10.7.3.2 Costs for machineryStandby rates shall apply when equipment is not in use, trucks, power tools or other similar equipment that are required for Change Order work rented from any commercial enterprises routinely offering equipment and tools for rent or lease to the public but will be allowed in an amount equal needed again to complete The Work and the direct rental rate for cost of moving the equipment plus a 5% markup will exceed the accumulated standby cost. Payment for overhead and profit. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving standby time will not be paid made on any day the equipment operates for if 8 or more hours. For equipment accumulating less than 8 hours operating time on any normal workday, standby payment will be limited to only that number of hours which, when added to the operating time for that day equals 8 hours. Standby payment will not be made on days that are not normally considered workdays. The Department will not approve any rates in excess of the rates as outlined above unless such excess rates are supported by an acceptable breakdown of cost. Payable time periods will not include:  Time elapsed while equipment is broken down  Time spent in repairing equipment, or  Time elapsed after the Engineer has advised the Contractor the equipment is also used at no longer needed If a piece of equipment is needed which is not included in the Site other than for Change Order work. Loading and transporting costs will above Blue Book rental rates, reasonable rates shall be allowed, agreed upon in lieu of moving time, when writing before the equipment is moved used. All equipment charges by means persons or firms other than its own powerthe Contractor shall be supported by invoices. Payment Transportation charges for loading each piece of equipment to and transporting from the site of the Work will be paid provided:  The equipment is obtained from the nearest approved source  The return charges do not exceed the delivery charges  Haul rates do not exceed the established rates of licensed haulers, and  Such charges are restricted to those units of equipment not already available and not on or near the Project No additional compensation will be made only if the for equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hourrepair.

Equipment. 10.7.3.1 Costs For all equipment other than small tools, the Contractor will be entitled to rental rates as established herein and agreed to in writing before the Work is begun. Transportation costs directly attributable to Force Account Work will be as stated below. Small tools will be considered any equipment which has a new cost of $1000 or less and will not be eligible for Maintenance Contractor-owned machineryany compensation. The Contractor shall provide the Project Officer a list of all equipment to be used in the Work. For each piece of equipment, trucksthe list shall include the serial number; date of manufacture; location from which equipment will be transported; and, power tools or other similar for rental equipment, the rental rate and name of the company from which it is rented. The number and types of equipment that are required engaged in the Work will be subject to regulation by the Project Officer as deemed to be the most practical and economical for Change Order work the Work. No compensation will be allowed based on for equipment which is inoperable due to mechanical failure. Compensation for equipment shall be as follows: 1) Hourly Base Equipment Rental Rates (Owned Equipment) – For equipment authorized for use in the Force Account Work that is owned by the Contractor, the Contractor shall be entitled to an Hourly Base Rental Rate as detailed in the following methodology: (a) paragraphs. The direct cost of fuel, lubricants, repairs, parts, and depreciation Hourly Base Rental Rate for Contractor owned equipment will be considered without any additional compensation percentage for overhead and profit being added; and (b) The equipment rental rates shall be those tabulated in the most recent version not exceed 1/176 of the Rental Rate Blue Book. The rental monthly rates to be used shall be of the published monthly rate divided by 175 to yield an hourly rate, which hourly rate shall be further adjusted by multiplying it by the Rental Rate Blue Book adjustment rate for the year the equipment was manufactured and by the regional factor contained schedule shown in the Rental Rate Blue Book estimated hourly operating cost rate. Maintenance Contractor shall be considered to own such items if an ownership interest therein is held by: (i) Maintenance Contractor, (ii) any equity participant modified in Maintenance Contractor, (iii) any Subcontractor performing construction work, or (iv) any Affiliate of Maintenance Contractor, any equity participant in Maintenance Contractor or any such Subcontractor. If the publication of accordance with the Rental Rate Blue Book should rate adjustment tables that are current at the time the force account is authorized. The rates for equipment not listed in the Rental Rate Blue Book schedule shall not exceed the hourly rate being paid for such equipment by the Contractor at the time of the force account authorization. In the absence of such rates, prevailing rates being paid in the area where the authorized Work is to be discontinued for any reason, TxDOT may select a different publication from which to make the described calculationsperformed shall be used. 10.7.3.2 Costs 2) Hourly Base Equipment Rental Rates (Rented Equipment) – If the Contractor does not possess or have readily available equipment necessary for machinery, trucks, power tools or other similar performing the force account Work and such equipment that are required for Change Order work is rented from any commercial enterprises routinely offering equipment and tools for rent or lease to a source other than a company that is an affiliate of the public Contractor, payment will be allowed based on actual invoice rates when the rates are reasonably in an amount equal to the direct line with established rental rate rates for the equipment plus a 5% markup for overhead in question and profitare approved by the Project Officer. 10.7.3.3 The time to be paid for use of equipment on the Site shall be the time the equipment is in operation on the Change Order work being performed. The time shall include the reasonable time required to move the equipment to the location of the Change Order work and return it to the original location or to another location requiring no more time than that required to return it to its original location. Moving time will not be paid for if the equipment is also used at the Site other than for Change Order work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power. Payment for loading and transporting will be made only if the equipment is used for Change Order work and cannot be used to perform other Maintenance Services. Time will be computed in half and full hours. In computing the time for use of equipment, less than 30 minutes shall be considered one-half hour.