Examples of PCO Notice in a sentence

Maintenance Contractor understands that it shall be forever barred from recovering against TxDOT under this Section 10 if it fails to give notice of any act, or omission, by TxDOT or any of its representatives or the happening of any event, thing or occurrence pursuant to a proper PCO Notice, or fails to comply with the remaining requirements of this Section 10.3.
Maintenance Contractor shall deliver a Request for Change Order under this Section 10.3.2.5 to TxDOT within 30 days after delivery of the PCO Notice, or such longer period of time as may be allowed in writing by TxDOT.
Such notification must be delivered as promptly as possible after the occurrence of such event or situation, through either: (a) a PCO Notice as described in Section 10.3.2.3 or (b) if permitted by Section 10.3.2.2, a Request for Partnering followed by a PCO Notice if appropriate.
Furthermore, if any PCO Notice concerns any condition or material described in Section 13.8.4.1, DB Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection therewith to the extent that TxDOT is not afforded the opportunity to inspect such material or condition before it is disturbed.
If any PCO Notice is delivered later than 10 days after DB Contractor first discovered (or should have discovered in the exercise of reasonable prudence) the occurrence described therein, DB Contractor shall be deemed to have waived the right to collect any costs incurred prior to the date of delivery of the PCO Notice.

More Definitions of PCO Notice

PCO Notice means a notice delivered by DB Contractor, meeting the requirements set forth below, stating that an event or situation has occurred within the scope of Section 4.5.5.1 and stating which subsection is applicable. The first notice shall be labeled “PCO Notice No. 1” and subsequent notices shall be numbered sequentially. The PCO Notice shall: (a) state in detail the facts underlying the anticipated Request for Change Order, the reasons why DB Contractor believes additional compensation will or may be due and the date of occurrence, (b) state the name, title, and activity of each DB Contractor Representative and TxDOT representative knowledgeable of the facts underlying the anticipated Request for Change Order, (c) identify any documents and the substance of any oral communication involved in the facts underlying the anticipated Request for Change Order, (d) cite any and all provisions of the CMC Documents supporting the anticipated Request for Change Order, (e) state in detail the basis that the maintenance service is not required by this Capital Maintenance Contract, if applicable, (g) identify particular elements of performance for which additional compensation may be sought under this Section 4.5.5.2, (h) identify any insurance available to DB Contractor, any deductible or self-insured retention associated with such insurance, and any insurance deemed to be self-insured by DB Contractor under Section 3.3.16.3, with respect to the event giving rise to the request for additional compensation, and (i) provide an estimate of the time within which a response to the notice is required to minimize cost, delay or disruption of performance. If the PCO Notice relates to a decision that this Capital Maintenance Contract leaves to the discretion of a Person or as to which this Capital Maintenance Contract provides that such Person’s decision is final, the PCO Notice shall set out in detail all facts supporting DB Contractor’s objection to the decision, including all facts supporting any contention that the decision was capricious or arbitrary or is not supported by substantial evidence. Any adjustments made to this Capital Maintenance Contract shall not include increased costs or time extensions for delay resulting from DB Contractor’s failure to timely provide requested additional information under this Section 4.5.5.2.2.

PCO Notice means a notice delivered by DB Contractor, meeting the requirements set forth below, stating that an event or situation has occurred within the scope of Section 13.3.1 and stating which subsection thereof is applicable. The first notice shall be labeled “PCO Notice No. 1” and subsequent notices shall be numbered sequentially. The PCO Notice shall: (a) state in detail the facts underlying the anticipated Request for Change Order, the reasons why DB Contractor believes additional compensation or time will or may be due and the date of occurrence, (b) state the name, title, and activity of each Program Manager and TxDOT representative knowledgeable of the facts underlying the anticipated Request for Change Order, (c) identify any documents and the substance of any oral communication involved in the facts underlying the anticipated Request for Change Order, (d) state in detail the basis for necessary accelerated schedule performance, if applicable, (e) state in detail the basis that the work is not required by this Agreement, if applicable, (f) identify particular elements of performance for which additional compensation may be sought under this Section 13.3.2, (g) identify any potential critical path impacts, and (h) provide an estimate of the time within which a response to the notice is required to minimize cost, delay or disruption of performance. If the Request for Change Order relates to a decision which this Agreement leaves to the discretion of a Person or as to which this Agreement provides that such Person’s decision is final, the PCO Notice shall set out in detail all facts supporting DB Contractor’s objection to the decision, including all facts supporting any contention that the decision was capricious or arbitrary or is not supported by substantial evidence. Written notification provided in accordance with Section 13.8.1.3 or 13.8.4.1 may also serve as a PCO Notice provided it meets the requirements for PCO Notices. Any adjustments made to this Agreement shall not include increased costs or time extensions for delay resulting from DB Contractor’s failure to timely provide requested additional information under this Section 13.3.2.3.

PCO Notice shall have the meaning set forth in Section 4.4.2 of this Contract. Formatted: Underline Formatted: Underline Performance Audit shall mean the performance audit report that Contractor is required to prepare and submit pursuant to RFP Section 3.12.3.1 and Appendix B, Section B.23 Performance Bond shall have the meaning set forth in Section 12.2. Performance Requirements shall mean the requirements described in Appendix B, Subsection 23, of the RFP.

PCO Notice shall have the meaning set forth in Section 10.3.2.3 of the Capital Maintenance Agreement. Performance Requirement(s) shall mean, for each Maintained Element in connection with the Maintenance Services, the requirements set forth in the Performance and Measurement Table Baseline in the column headed “Performance Requirement” in Attachment 1 to Exhibit 2. Person(s) shall mean any individual, corporation, joint venture, limited liability company, company, voluntary association, partnership, trust, unincorporated organization or Governmental Entity. Plan(s) means (only where capitalized) contract drawings, working drawings, supplemental drawings, detail sheets or exact reproductions thereof, which show the location, character, dimensions and details of the Maintenance Services to be done. PMIS shall have the meaning set forth in Section 1909 of the Maintenance Specification Project shall have the meaning set forth in Recital B to the Capital Maintenance Agreement.

PCO Notice means a notice delivered by DB Contractor, meeting the

PCO Notice definition

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