Common use of ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Review Clause in Contracts

▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Review. Promptly following NTP1 and in no event later than 30 days before the scheduled date for commencement of construction related to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges, DB Contractor shall review the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design for constructability and shall notify TxDOT in writing of any errors, omissions, inconsistencies or other defects in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design affecting constructability. If, after the start of such construction DB Contractor becomes aware of any such error, omission, inconsistency or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design, DB Contractor shall immediately notify TxDOT of the same. DB Contractor shall also conduct a review of the documents immediately upon receipt to determine whether any material changes in concept have occurred. If DB Contractor identifies any error, omission, inconsistency, or defect other than a quantity discrepancy in the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design that was not included in the draft ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design or if revisions are made to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design following the Proposal Due Date that constitute a material change in concept (“▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change”), such differences should be subject to a Change Order, subject to the provisions of Section 13.8.5, and if DB Contractor believes such a change has occurred it shall provide the appropriate notice in accordance with Section 13. Quantities provided in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design are for DB Contractor information only; DB Contractor may not rely on such quantities and shall not be entitled to a Change Order in relation to inaccurate quantities. 4.4.3.1. If the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design is not constructable as is, TxDOT will be responsible for providing or commissioning appropriate revisions to the design to cure the error, omission, inconsistency or defect. TxDOT will direct its designer to expedite such revisions so as to avoid undue delay to commencement of the construction. 4.4.3.2. DB Contractor may also request design changes in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design which do not affect aesthetic elements of the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges. Promptly upon TxDOT’s receipt of any such request and such additional information as TxDOT may require, TxDOT will decide, in its sole discretion, how to proceed and will advise Contractor of its decision. TxDOT may (a) authorize DB Contractor to proceed with the requested adjustment or modification at DB Contractor's sole cost, subject to the original designer’s approval of the changes, (b) agree to consider the modification as a VE in accordance with Section 22, or (c) require DB Contractor to construct the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridge in accordance with the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design. 4.4.3.3. Except with respect to an error, omission, inconsistency, or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design that will be subject to a Change Order as described in the first paragraph of this Section 4.4.3, in no event shall any change in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design under this Section 4.4.3 result in an increase in the Price or extension of the Completion Deadlines, except to the extent that any necessary design changes are unreasonably delayed, in which event such unreasonable delay shall be considered a TxDOT-Caused Delay.

▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Review. 4.4.3.1. Promptly following NTP1 and in no event later than 30 days before the scheduled date for commencement of construction related to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges, DB Contractor shall review the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design for constructability and shall notify TxDOT in writing of any errors, omissions, inconsistencies or other defects in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design affecting constructability. If, after the start of such construction DB Contractor becomes aware of any such error, omission, inconsistency or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design, DB Contractor shall immediately notify TxDOT of the same. DB Contractor shall also conduct a review of the documents immediately upon receipt to determine whether any material changes in concept have occurred. If DB Contractor identifies any error, omission, inconsistency, or defect other than a quantity discrepancy in the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design that was not included in the draft ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Design, or if revisions are made to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design following the Proposal Due Date that constitute a material change in concept (“▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change”), such differences should be subject to a Change Order, subject to the provisions of Section 13.8.5, and if DB Contractor believes such a change has occurred it shall provide the appropriate notice in accordance with Section 13. Quantities provided in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design are for DB Contractor information only; DB Contractor may not rely on such quantities and shall not be entitled to a Change Order in relation to inaccurate quantities. 4.4.3.14.4.3.2. If the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design is not constructable as is, as determined by TxDOT in its sole discretion, TxDOT will be responsible for providing or commissioning appropriate revisions to the design to cure the error, omission, inconsistency or defect. TxDOT will direct its designer to expedite such revisions so as to avoid undue delay to commencement of the construction. To the extent that any such necessary design changes are unreasonably delayed, such unreasonable delay shall be considered a TxDOT-Caused Delay. 4.4.3.24.4.3.3. DB Contractor may also request design changes changes, adjustments or modifications in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design which do not affect aesthetic elements of the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian BridgesBridges (a “DB Contractor-Initiated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change”). Promptly upon TxDOT’s receipt of any such request and such additional information as TxDOT may require, TxDOT will decide, in its sole discretion, how to proceed and will advise DB Contractor of its decision. TxDOT may (a) authorize DB Contractor to proceed with the requested adjustment or modification DB Contractor-Initiated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design Change at DB Contractor's '’s sole cost, subject to the original designer’s approval of the changes, (b) agree to consider the change, adjustment or modification as a VE in accordance with Section 22, or (c) require DB Contractor to construct the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridge in accordance with the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design. 4.4.3.34.4.3.4. Except with respect to an error, omission, inconsistency, or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design that will be subject to a Change Order as described in the first paragraph of this Section 4.4.34.4.3.1, or with respect to a TxDOT-Caused Delay as described in Section 4.4.3.2, in no event shall any change in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges Design under this Section 4.4.3 result in an increase in the Price or extension of the Completion Deadlines, except to the extent that any necessary design changes are unreasonably delayed, in which event such unreasonable delay shall be considered a TxDOT-Caused Delay.

▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Review. 4.4.3.1. Promptly following NTP1 and in no event later than 30 days before the scheduled date for commencement of construction related to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges, DB Contractor shall review the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design for constructability and shall notify TxDOT in writing of any errors, omissions, inconsistencies or other defects in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design affecting constructability. If, after the start of such construction DB Contractor becomes aware of any such error, omission, inconsistency or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design, DB Contractor shall immediately notify TxDOT of the same. DB Contractor shall also conduct a review of the documents immediately upon receipt to determine whether any material changes in concept have occurred. If DB Contractor identifies any error, omission, inconsistency, or defect other than a quantity discrepancy in the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design that was not included in the draft ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Design, or if revisions are made to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design following the Proposal Due Date that constitute a material change in concept (“▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change”), such differences should be subject to a Change Order, subject to the provisions of Section 13.8.5, and if DB Contractor believes such a change has occurred it shall provide the appropriate notice in accordance with Section 13. Quantities provided in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design are for DB Contractor information only; DB Contractor may not rely on such quantities and shall not be entitled to a Change Order in relation to inaccurate quantities. 4.4.3.14.4.3.2. If the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design is not constructable as is, as determined by TxDOT in its sole discretion, TxDOT will be responsible for providing or commissioning appropriate revisions to the design to cure the error, omission, inconsistency or defect. TxDOT will direct its designer to expedite such revisions so as to avoid undue delay to commencement of the construction. To the extent that any such necessary design changes are unreasonably delayed, such unreasonable delay shall be considered a TxDOT-Caused Delay. 4.4.3.24.4.3.3. DB Contractor may also request design changes changes, adjustments or modifications in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design which do not affect aesthetic elements of the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian BridgesBridges (a “DB Contractor-Initiated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change”). Promptly upon TxDOT’s receipt of any such request and such additional information as TxDOT may require, TxDOT will decide, in its sole discretion, how to proceed and will advise DB Contractor of its decision. TxDOT may (a) authorize DB Contractor to proceed with the requested adjustment or modification DB Contractor-Initiated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change at DB Contractor's ’s sole cost, subject to the original designer’s approval of the changes, (b) agree to consider the change, adjustment or modification as a VE in accordance with Section 22, or (c) require DB Contractor to construct the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridge in accordance with the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design. 4.4.3.34.4.3.4. Except with respect to an error, omission, inconsistency, or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design that will be subject to a Change Order as described in the first paragraph of this Section 4.4.34.4.3.1, or with respect to a TxDOT-Caused Delay as described in Section 4.4.3.2, in no event shall any change in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design under this Section 4.4.3 result in an increase in the Price or extension of the Completion Deadlines, except to the extent that any necessary design changes are unreasonably delayed, in which event such unreasonable delay shall be considered a TxDOT-Caused Delay.

▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Review. 4.4.3.1. Promptly following NTP1 and in no event later than 30 days before the scheduled date for commencement of construction related to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges, DB Contractor shall review the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design for constructability and shall notify TxDOT in writing of any errors, omissions, inconsistencies or other defects in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design affecting constructability. If, after the start of such construction DB Contractor becomes aware of any such error, omission, inconsistency or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design, DB Contractor shall immediately notify TxDOT of the same. DB Contractor shall also conduct a review of the documents immediately upon receipt to determine whether any material changes in concept have occurred. If DB Contractor identifies any error, omission, inconsistency, or defect other than a quantity discrepancy in the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design that was not included in the draft ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Design, or if revisions are made to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design following the Proposal Due Date that constitute a material change in concept (“▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change”), such differences should be subject to a Change Order, subject to the provisions of Section 13.8.5, and if DB Contractor believes such a change has occurred it shall provide the appropriate notice in accordance with Section 13. Quantities provided in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design are for DB Contractor information only; DB Contractor may not rely on such quantities and shall not be entitled to a Change Order in relation to inaccurate quantities. 4.4.3.14.4.3.2. If the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design is not constructable as is, as determined by TxDOT in its sole discretion, TxDOT will be responsible for providing or commissioning appropriate revisions to the design to cure the error, omission, inconsistency or defect. TxDOT will direct its designer to expedite such revisions so as to avoid undue delay to commencement of the construction. To the extent that any such necessary design changes are unreasonably delayed, such unreasonable delay shall be considered a TxDOT-Caused Delay. 4.4.3.24.4.3.3. DB Contractor may also request design changes changes, adjustments or modifications in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design which do not affect aesthetic elements of the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian BridgesBridges (a “DB Contractor-Initiated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change”). Promptly upon TxDOT’s receipt of any such request and such additional information as TxDOT may require, TxDOT will decide, in its sole discretion, how to proceed and will advise DB Contractor of its decision. TxDOT may (a) authorize DB Contractor to proceed with the requested adjustment or modification DB Contractor-Initiated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change at DB Contractor's '’s sole cost, subject to the original designer’s approval of the changes, (b) agree to consider the change, adjustment or modification as a VE in accordance with Section 22, or (c) require DB Contractor to construct the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridge in accordance with the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design. 4.4.3.34.4.3.4. Except with respect to an error, omission, inconsistency, or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design that will be subject to a Change Order as described in the first paragraph of this Section 4.4.34.4.3.1, or with respect to a TxDOT-Caused Delay as described in Section 4.4.3.2, in no event shall any change in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design under this Section 4.4.3 result in an increase in the Price or extension of the Completion Deadlines, except to the extent that any necessary design changes are unreasonably delayed, in which event such unreasonable delay shall be considered a TxDOT-Caused Delay.

▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Review. 4.4.3.1. Promptly following NTP1 and in no event later than 30 days before the scheduled date for commencement of construction related to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges, DB Contractor shall review the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design for constructability and shall notify TxDOT in writing of any errors, omissions, inconsistencies or other defects in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design affecting constructability. If, after the start of such construction DB Contractor becomes aware of any such error, omission, inconsistency or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design, DB Contractor shall immediately notify TxDOT of the same. DB Contractor shall also conduct a review of the documents immediately upon receipt to determine whether any material changes in concept have occurred. If DB Contractor identifies any error, omission, inconsistency, or defect other than a quantity discrepancy in the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design that was not included in the draft ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Design, or if revisions are made to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design following the Proposal Due Date that constitute a material change in concept (“▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change”), such differences should be subject to a Change Order, subject to the provisions of Section 13.8.5, and if DB Contractor believes such a change has occurred it shall provide the appropriate notice in accordance with Section 13. Quantities provided in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design are for DB Contractor information only; DB Contractor may not rely on such quantities and shall not be entitled to a Change Order in relation to inaccurate quantities. 4.4.3.14.4.3.2. If the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design is not constructable as is, as determined by TxDOT in its sole discretion, TxDOT will be responsible for providing or commissioning appropriate revisions to the design to cure the error, omission, inconsistency or defect. TxDOT will direct its designer to expedite such revisions so as to avoid undue delay to commencement of the construction. To the extent that any such necessary design changes are unreasonably delayed, such unreasonable delay shall be considered a TxDOT-Caused Delay. 4.4.3.24.4.3.3. DB Contractor may also request design changes changes, adjustments or modifications in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design which do not affect aesthetic elements of the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian BridgesBridges (a “DB Contractor-Initiated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change”). Promptly upon TxDOT’s receipt of any such request and such additional information as TxDOT may require, TxDOT will decide, in its sole discretion, how to proceed and will advise DB Contractor of its decision. TxDOT may (a) authorize DB Contractor to proceed with the requested adjustment or modification DB Contractor-Initiated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design Change at DB Contractor's sole cost, subject to the original designer’s approval of the changes, (b) agree to consider the change, adjustment or modification as a VE in accordance with Section 22, or (c) require DB Contractor to construct the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridge in accordance with the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design. 4.4.3.34.4.3.4. Except with respect to an error, omission, inconsistency, or defect in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design that will be subject to a Change Order as described in the first paragraph of this Section 4.4.34.4.3.1, or with respect to a TxDOT-Caused Delay as described in Section 4.4.3.2, in no event shall any change in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bridges ▇▇▇▇▇▇▇ Design under this Section 4.4.3 result in an increase in the Price or extension of the Completion Deadlines, except to the extent that any necessary design changes are unreasonably delayed, in which event such unreasonable delay shall be considered a TxDOT-Caused Delay.