Common use of Coordination of Operations and Maintenance Responsibilities Clause in Contracts

Coordination of Operations and Maintenance Responsibilities. 5.3.1 Developer recognizes and acknowledges that TxDOT will control operation and maintenance of (a) Phase 2 of the Project until issuance of NTP3 and (b) Phase 1 upon expiration or earlier termination of the O&M Period. 5.3.2 Developer is responsible for coordinating its traffic management and control, Planned Maintenance, other maintenance activities, and other O&M Work on or for the Project with that of TxDOT. Developer and TxDOT will cooperate and coordinate with respect to their operation and maintenance activities in order to minimize disruptions of traffic on the Project and ensure that such operation and maintenance activities are carried out in accordance with then-current maintenance standards and then-current traffic management standards, practices and procedures. 5.3.3 No interference with or disruption of traffic due to activities on or the management or condition of any portion of the Project that is not included in the limits of the applicable O&M Work, and no failure by TxDOT to meet TxDOT’s standards, practices and procedures shall entitle Developer to any Claim, Change Order or relief from deductions to any Monthly Disbursement of the O&M Price; provided however, if Developer is prevented from implementing a Lane Closure for Planned Maintenance that was previously approved by TxDOT due solely to TxDOT’s traffic management activities on any portion of the Project that is not included in the limits of the O&M Work, the applicable cure period for any resulting Noncompliance Event shall be extended if such Noncompliance Event is not reasonably capable of being cured within the applicable cure period. The extension shall be for a reasonable period of time under the circumstances, taking into account the scope of the efforts necessary to cure, the effect of TxDOT’s traffic management activities on Developer’s ability to cure, availability of temporary remedial measures, and need for rapid action due to impact of the Noncompliance Event on safety or traffic movement.