4.5.3 Implementation of Additional Project-Specific Liquidated Damages

Texas Transportation Code §223.012
and
43 Texas Administrative Code (TAC) §9.22
requires TxDOT to provide additional disincentives to help ensure the timely completion of projects identified as having a significant impact on the traveling public. These required disincentives are included in the contract in the form of Additional Project-Specific Liquidated Damages (APSLDs).
Form 2699
, which includes criteria for District staff to consider during PS&E development to determine whether APSLDs are necessary for a project, and a road user cost (RUC) calculator are available to determine the dollar amount of the additional disincentives. In addition,
Form 1002
 records the amount of the APSLDs for each qualifying project, which is included in the contract’s General Notes (Item 8) when applicable.
Refer to the TxDOT.gov
Road User Cost webpage
for additional information including:
  • APSLD Handbook;
  • Road User Cost Calculator;
  • Form 2699; and
  • Sample memo template: Request for Concurrence – Reduced Rate of APSLD.
Refer to the TxDOT.gov
100% PS&E Pre-submittal Preparation webpage
to access Form 1002