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.