Changes to Schematic Design and Schematic ROW Clause Samples
The "Changes to Schematic Design and Schematic ROW" clause governs how modifications to the project's initial design and the associated right-of-way (ROW) plans are managed. It typically outlines the procedures for requesting, reviewing, and approving changes to the schematic design or ROW, including who has authority to initiate changes and what documentation is required. This clause ensures that any alterations to the foundational project plans are controlled and agreed upon by relevant parties, thereby maintaining project alignment and preventing unauthorized or uncoordinated changes.
Changes to Schematic Design and Schematic ROW. Developer acknowledges and agrees that the requirements 5 and constraints set forth in the Contract Documents and in the Governmental Approvals, 6 as well as Site conditions, will impact Developer’s ability to revise the concepts contained 7 in the Schematic Design. Developer, however, may modify the Schematic Design without 8 ADOT’s prior written approval if the proposed modification:
Changes to Schematic Design and Schematic ROW. 6.3.3.1 DBT acknowledges and agrees that the requirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as Site conditions, will impact DBT’s ability to revise the concepts contained in the Schematic Design. DBT, however, may modify the Schematic Design without KYTC’s prior written approval if the proposed modification:
(a) Meets the requirements of Exhibit 3 (Technical Provisions);
(b) Requires no revision, modification or amendment to the NEPA Approval;
(c) Does not constitute a Design Exception; and
6.3.3.2 Does not deviate from the design concepts included in the Proposal. DBT may rely on the Schematic ROW limits, and acknowledges that it is feasible to design and develop the Basic Project Configuration within said Schematic ROW limits.
6.3.3.3 DBT acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process, and that DBT is not entitled to an increase in the Contract Price, a Completion Deadline adjustment or any other Claim in connection with changes in the Schematic Design.
Changes to Schematic Design and Schematic ROW. 25 (a) Developer acknowledges and agrees that the requirements and constraints set 26 forth in the Contract Documents and in the Governmental Approvals, as well as 27 Site conditions, will impact Developer’s ability to revise the concepts contained in 28 the Schematic Design. Developer, however, may modify the Schematic Design 29 without ADOT’s prior written approval if the proposed modification:
30 (i) Meets the requirements of the Technical Provisions;
(ii) Requires no revision, modification or amendment to the NEPA Approval, 32 as determined in accordance with Section DR 420.2.6.1 of the Technical 33 Provisions;
(iii) Does not constitute a Design Exception or Design Variance; and
Changes to Schematic Design and Schematic ROW. 20 6.4.3.1 Developer acknowledges and agrees that the requirements 21 and constraints set forth in the Contract Documents and in the Governmental Approvals, 22 as well as Site conditions, will impact Developer’s ability to revise the concepts contained 23 in the Schematic Design. Developer, however, may modify the Schematic Design without 24 ADOT’s prior written approval if the proposed modification: 25 Meets the requirements of the Technical Provisions; 26 Requires no revision, modification or amendment to 27 the NEPA Approval, as determined in accordance with Section DR 420.2.6.1 of the 28 Technical Provisions; 29 Does not constitute a Design Exception or Design 30 Variance; and 31 Does not deviate from the design concepts included in 32 the Proposal.
33 6.4.3.2 Developer may rely on the Schematic ROW limits, as shown 34 on the Schematic Design, and that it is feasible to design and develop the Basic 35 Configuration within said Schematic ROW limits. Accordingly, Developer shall have the 36 right to certain relief due to Necessary Schematic ROW Changes, to the extent provided 1 in Section 14.4.1; provided, however that Developer acknowledges that “feasible to 2 design and develop the Basic Configuration” is not intended to mean or be limited to 3 Developer’s design approach set forth in its Proposal or Developer’s preferred design
Changes to Schematic Design and Schematic ROW. 6.4.3.1 Developer acknowledges and agrees that the requirements
(a) Meets the requirements of the Technical Provisions;
(b) Requires no revision, modification or amendment to
2.6.1 of the Technical Provisions; Variance; and in the Proposal.
(d) Does not constitute a Design Exception or Design Does not deviate from the design concepts included
6.4.3.2 Developer may rely on the Schematic ROW limits, as shown
6.4.3.3 Developer acknowledges that the Schematic Design is