Common use of Payment by TxDOT Clause in Contracts

Payment by TxDOT. Within ten Business Days after TxDOT’s receipt of a complete Draw Request, TxDOT shall notify DB Contractor of the amount approved for payment and the reason for disapproval of any remaining invoiced amounts or of any other information set forth in the Draw Request. DB Contractor may include such disapproved amounts in the next month’s Draw Request after correction of the deficiencies noted by TxDOT and satisfaction of the requirements of the DBA Documents related thereto. Within 15 Business Days after TxDOT’s receipt of a complete Draw Request meeting the requirements of the DBA, TxDOT will pay DB Contractor the amount of the Draw Request approved for payment less any amounts which TxDOT is entitled to withhold or deduct. In no event shall DB Contractor be entitled to: (a) payment for any activity in excess of the value of the activity times the completion percentage of such activity (for non-unit priced Work), or (b) aggregate payments hereunder in excess of: (i) the overall completion percentage for the Work times the Price (for non-unit-priced Work) or (ii) the Maximum Payment Schedule for the month to which the Draw Request applies, plus amounts allowed by Change Orders.

Payment by TxDOT. Within ten 10 Business Days after TxDOT’s receipt of a complete Draw Request, TxDOT shall notify DB Contractor of the amount approved for payment and the reason for disapproval of any remaining invoiced amounts or of any other information set forth in the Draw Request. DB Contractor may include such disapproved amounts in the next month’s Draw Request after correction of the deficiencies noted by TxDOT and satisfaction of the requirements of the DBA Contract Documents related thereto. Within 15 five Business Days after TxDOT’s receipt approval of a complete Draw Request meeting the requirements of the DBARequest, TxDOT will pay DB Contractor the amount of the Draw Request approved for payment less any amounts which that TxDOT is entitled to withhold or deduct. With the exception of any Milestone Payments, In in no event shall DB Contractor be entitled to: to (a) payment for any activity Payment Activity in excess of the value of the activity Payment Activity times the completion percentage of such activity (for non-unit unit- priced Work), ) or (b) aggregate payments hereunder in excess of: of (i) the overall completion percentage for the Work Project times the Price (for non-unit-priced Work) or (ii) the Maximum Payment Schedule for the month to which the Draw Request applies, plus amounts allowed by Change OrdersOrders not included in the Maximum Payment Schedule.

Payment by TxDOT. Within ten Business Days fifteen business days after TxDOT’s receipt of a complete Draw Request or Maintenance Price Draw Request, TxDOT will review the Draw Request or Maintenance Price Draw Request, as applicable, and all attachments and certificates thereto for conformity with the requirements of the Contract Documents, and shall notify DB Contractor Integrator of the amount approved for payment and the reason for disapproval of any remaining invoiced amounts or of any other information set forth in the Draw Request or Maintenance Price Draw Request. DB Contractor Integrator may include such disapproved amounts in the next month’s Draw Request after correction of the deficiencies noted by TxDOT and satisfaction of the requirements of the DBA Contract Documents related thereto. Within 15 Business Days five business days after TxDOT’s receipt approval of a complete Draw Request meeting the requirements of the DBAor Maintenance Price Draw Request, as applicable, TxDOT will shall pay DB Contractor Integrator the amount of the Draw Request or Maintenance Price Draw Request, as applicable, approved for payment less any applicable Retainage and less any amounts which TxDOT is otherwise entitled to withhold or deductdeduct with respect to any Project Segment. In With respect to any Change Order Work to be performed on a Time and Materials basis, in no event shall DB Contractor Integrator be entitled to: to (a) payment for any activity related to a Project Segment, as applicable, in excess of the value of the activity times the completion percentage of such activity (for non-unit priced Work), or (b) aggregate payments hereunder in excess of: (i) the overall completion percentage for the Work times the Price (for non-unit-priced Work) or (ii) the Maximum Payment Schedule for the month to which the Draw Request applies, plus amounts allowed by Change Orders.or

Payment by TxDOT. Within ten Business Days after TxDOT’s receipt of a complete Draw Request, TxDOT will review the Draw Request and all attachments and certificates thereto for conformity with the requirements of the Contract Documents, and shall notify DB Texas Department of Transportation US 77 Upgrade from Kingsville to Driscoll Project November 20, 2012 79 RFP Addendum 5 Design-Build Agreement Contractor of the amount approved for payment and the reason for disapproval of any remaining invoiced amounts or of any other information set forth in the Draw Request. DB Contractor may include such disapproved amounts in the next month’s Draw Request after correction of the deficiencies noted by TxDOT and satisfaction of the requirements of the DBA Contract Documents related thereto. Within 15 five Business Days after TxDOT’s receipt approval of a complete Draw Request meeting the requirements of the DBARequest, TxDOT will shall pay DB Contractor the amount of the Draw Request approved for payment less any amounts which TxDOT is entitled to withhold or deduct. In no event shall DB Contractor be entitled to: (a) payment for any activity in excess of the value of the activity times the completion percentage of such activity (for non-unit priced Work), or (b) aggregate payments hereunder in excess of: (i) the overall completion percentage for the Work Project times the Price (for non-unit-priced Work) or (ii) the Maximum Payment Schedule for the month to which the Draw Request applies, plus amounts allowed by Change Orders.