Common use of Concept Plan Clause in Contracts

Concept Plan. 3.3.2.1 DB Contractor acknowledges and agrees that if DB Contractor wishes to deviate from the Preliminary ROW, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.4, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.2.3, DB Contractor must obtain TxDOT’s prior written approval to deviate from the Concept Plan unless the proposed modification meets all of the following: (a) is within the Preliminary ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the Proposal. DB Contractor 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 DB Contractor’s ability to revise the concepts contained in the Concept Plan, in addition to the requirement to obtain approval. 3.3.2.2 DB Contractor may rely on the Preliminary ROW limits as shown on the Concept Plan and that it is feasible to design and develop the Project within the Preliminary ROW limits identified in the Concept Plan provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent provided in Section 13.8.6; provided, however, that DB Contractor acknowledges that “feasible to design and develop the Project” is not intended to mean or be limited to DB Contractor’s design approach set forth in its Proposal or DB Contractor’s preferred design approach. 3.3.2.3 DB Contractor acknowledges that the Concept Plan is preliminary and subject to refinement through the Final Design process and that DB Contractor is not entitled to any time extensions in connection with any changes in the Concept Plan, and DB Contractor’s entitlement to an increase in the Price in connection with any changes in the Concept Plan is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 13.8.6.