TxDOT Change definition
Examples of TxDOT Change in a sentence
If approval is subject to the sole, absolute or unfettered discretion of TxDOT, then its decision shall be final, binding and not subject to dispute resolution, and such decision shall not constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim.
TxDOT may require Developer to fabricate and/or install any of these signs as a TxDOT Change.
Any changes to the Technical Provisions and Technical Documents, including Safety Standards, respecting Design Work or Construction Work prior to the Service Commencement Date shall be subject to the Change Order process for a TxDOT Change in accordance with Article 14.
Any changes to the Technical Provisions, including Safety Standards, respecting Design Work or Construction Work shall be subject to the Change Order process for a TxDOT Change in accordance with Article 13.
Within 60 days after receiving such request, Developer shall provide TxDOT with Developer’s determination (which is not binding) of whether the proposed change constitutes a TxDOT Change and a detailed assessment of (a) the estimated impact on costs and Toll Revenues, (b) the effect, if any, on the Project Schedule and Milestone Deadlines and (c) the effect, if any on traffic flow and traffic volume during the Operating Period.
No such failure or delay by TxDOT in delivering comments, exceptions, objections, rejections or disapprovals within the applicable time period shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim.
TxDOT may, but is not obligated to, obtain (a) an analysis of Developer’s estimated cost and schedule impacts attributable to a proposed TxDOT Change from the Independent Engineer (to be paid jointly by the Parties as provided in Section 22.3.1(e)) and (b) an analysis of traffic and revenue impacts attributable to a proposed TxDOT Change from a traffic and revenue consultant retained by Developer and approved by TxDOT (to be paid by TxDOT).
However, unless the Submittal is subject to approval or disapproval by TxDOT in its discretion, the foregoing does not obligate Developer to incorporate any comments or resolve objections that are not reasonable and would result in a delay to a Critical Path on the Project Schedule, in an increase in Developer’s costs or a decrease in Toll Revenues, except pursuant to a TxDOT Change.
Prior to issuing a Change Order, TxDOT may, but is not obligated to, request an assessment from Developer of the impact of a proposed TxDOT Change on the cost, Toll Revenue and schedule.
TxDOT may issue a Directive Letter to direct Developer to proceed with the TxDOT Change pending agreement of the Parties or resolution of a Dispute concerning the final terms of the Change Order.