Common use of Additional Requirements for Design-Build and O&M Contracts Clause in Contracts

Additional Requirements for Design-Build and O&M Contracts. 10.3.3.1 Before entering into a Design-Build Contract or O&M Contract or any supplement or amendment thereto, Developer shall submit a true and complete copy of the proposed Design-Build Contract or O&M Contract to TxDOT for review and comment. TxDOT may disapprove only if the Design-Build Contract or O&M Contract (a) does not comply, or is inconsistent, in any material respect with the applicable requirements of the CDA Documents, including that it does not comply or is inconsistent with this Article 10 or with the applicable requirements of Section 22.1 regarding maintenance of books and records, does not incorporate the applicable federal requirements set forth in Exhibit 8, or is inconsistent with the requirements of the relevant scope of Work, (b) increases TxDOT’s liability or (c) adversely affects TxDOT’s step-in rights. 10.3.3.2 The Design-Build Contract and each O&M Contract also shall expressly require the personal services of and not be assignable by the Design-Build Contractor or O&M Contractor without Developer’s and TxDOT’s prior written consent each in its sole discretion, provided that this provision shall not prohibit the subcontracting of portions of the Work. The provision included pursuant to Section 10.3.2.10 shall apply to such express provisions on personal services and non-assignment.

Additional Requirements for Design-Build and O&M Contracts. 10.3.3.1 (a) Before entering into a Design-Build Contract or O&M Contract or any supplement or amendment thereto, Developer shall submit a true and complete copy of the proposed Design-Build Contract or O&M Contract to TxDOT for review and comment. TxDOT may disapprove only if the Design-Build Contract or O&M Contract (ai) does not comply, or is inconsistent, in any material respect with the applicable requirements of the CDA Contract Documents, including that it does not comply or is inconsistent with this Article 10 Section 7 or with the applicable requirements of Section 22.1 20 regarding maintenance of books and records, does not incorporate the applicable federal requirements set forth in Exhibit 83, or is inconsistent with the requirements of the relevant scope of Work, (bii) increases TxDOT’s liability or (ciii) adversely affects TxDOT’s step-in rights. 10.3.3.2 (b) The Design-Build Contract and each O&M Contract also shall expressly require the personal services of and not be assignable by the Design-Build Contractor or O&M Contractor without Developer’s and TxDOT’s prior written consent consent, each in its sole discretion, provided that this provision shall not prohibit the subcontracting of portions of the Work. The provision included pursuant to Section 10.3.2.10 shall apply to such express provisions on personal services and non-assignment.