Limited NTP2. If Developer applies to TxDOT for the issuance of NTP2 or the authorization to conduct Work for which the issuance of NTP2 is required, but has not satisfied all of the conditions to the issuance of NTP2, TxDOT may, but is not obligated, to issue a limited notice to proceed. In doing so, TxDOT shall specify the Work that Developer may, and may not, undertake and may impose terms, conditions and deadlines for the satisfaction of the conditions to the issuance of NTP2 that have not yet been satisfied. Developer shall be required to pay a fee equal to $5,000 per day for each day from and after the issuance of a limited notice to proceed until issuance of NTP2. Such fee is in addition to any other damages or amounts that may be owing to TxDOT under this Agreement. For the avoidance of doubt, the issuance of a limited notice to proceed with certain Work issued pursuant to this Section 9.2.3 is not the issuance of NTP2.
Limited NTP2. DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B DB Contractor may request that prior to issuance of NTP2, TxDOT authorize the performance of additional Work not previously authorized by issuance of NTP1 by issuing a limited notice to proceed (“Limited NTP2”) for such Work. DB Contractor’s request for issuance of a Limited NTP2 shall specify the proposed scope of the additional Work, schedule for such Work and portion of the Price allocable to such Work. In addition, DB Contractor shall confirm satisfaction of all of the conditions described in Section 8.1.1.4 of the General Conditions relating to the Work proposed to be performed pursuant to the Limited NTP2, including TxDOT approval of the applicable portions of the PSQMP, submittal to TxDOT of insurance certificates, obtaining and maintaining in effect the bonds described in Section 8.1.2.1(d) of the General Conditions, and receipt of TxDOT approval of that portion of the Schedule of Values identifying the Work to be performed. DB Contractor shall not be permitted to commence any other Construction Work on any portion of the Project until all the conditions to the commencement of Construction Work described in Section 8.1.2 of the General Conditions have been satisfied, including issuance of NTP2. Issuance of a Limited NTP2 shall be in TxDOT’s sole discretion. The Limited NTP2 shall describe the Work authorized by the Limited NTP2 and the corresponding portion of the Price allocable to such Work in accordance with the approved Schedule of Values. DB Contractor and TxDOT shall enter into a Change Order to revise the Maximum Payment Schedule and increase the NTP1 Payment Amount, as necessary, to account for the additional Work authorized. Notwithstanding Sections 3.4.3 and 3.4.4 of the General Conditions, upon issuance of Limited NTP2 the amount of the Payment Bond and Performance Bond shall increase automatically to the NTP2 Payment Bond Amount and NTP2 Performance Bond Amount, respectively.
