Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT. (c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals. (d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer. (e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT. (f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies. (g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions. (h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract Documents, in the form and content required by the Project Management Plan or Contract Documents. (i) All representations and warranties of Developer set forth in Section (j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and
Appears in 6 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.;
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession Possession and use agreement Use Agreement therefor on terms acceptable to TxDOT.;
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.;
(d) Each D&C Performance BondXxxx, D&C Payment Bond, and D&C Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 for the D&C Work has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.;
(e) The GuaranteesGuaranties, if any, required under Section 8.3 8.7 have been obtained and delivered to TxDOT.;
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.;
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approvedapproved or reviewed (as applicable), in accordance with Section 2.1.1 6.4 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.;
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract DocumentsDocuments to be submitted in advance of commencing the Construction Work, in the form and content required by the Project Management Plan or Contract Documents.;
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects, provided that any representation or warranty of Developer that was made as of a certain date shall have been true and correct in all material respects as of such date;
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (ai) TxDOT and the Program Manager and
Appears in 6 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, TxDOT in TxDOT’s its sole discretion, Developer DB Contractor shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer DB Contractor has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer DB Contractor has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to DeveloperDB Contractor.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract Documents, in the form and content required by the Project Management Plan or Contract Documents.
(i) All representations and warranties of Developer DB Contractor set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer DB Contractor has adopted written policies establishing ethical standards of conduct for all DeveloperDB Contractor-Related Entities, including DeveloperDB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager andand (b) employment relations, in accordance with Section 7.8.
(k) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT.
(l) DB Contractor has provided to TxDOT at least ten days’ prior written notice of the date DB Contractor determines that it will satisfy all of the conditions set forth in this Section 4.4.1.
Appears in 4 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, TxDOT in TxDOT’s its sole discretion, Developer DB Contractor shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer DB Contractor has satisfied satisfied, for the applicable portion of the Project Project, all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer DB Contractor has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to DeveloperDB Contractor.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract Documents, in the form and content required by the Project Management Plan or Contract Documents.
(i) All representations and warranties of Developer DB Contractor set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer DB Contractor has adopted written policies establishing ethical standards of conduct for all DeveloperDB Contractor-Related Entities, including DeveloperDB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager andand (b) employment relations, in accordance with Section 7.8.
(k) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT.
(l) DB Contractor has provided to TxDOT at least 10 days prior written notice of the date DB Contractor determines that it will satisfy all of the conditions set forth in this Section 4.4.1.
(m) DB Contractor and TxDOT shall have completed a joint inspection of the existing facilities, structures and environmentally sensitive areas in the vicinity of the Site but not included as part of the Work under Section 4.3.7 of the Technical Provisions.
Appears in 4 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, TxDOT in TxDOT’s its sole discretion, Developer DB Contractor shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer DB Contractor has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to DeveloperDB Contractor.
(ed) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(fe) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(gf) Developer DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement DBA and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(hg) Developer DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract DBA Documents, in the form and content required by the Project Management Plan or Contract DBA Documents.
(ih) All representations and warranties of Developer set forth in Section
(j) Developer DB Contractor has adopted written policies establishing ethical standards of conduct for all DeveloperDB Contractor-Related Entities, including DeveloperDB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager andand (b) employment relations, in accordance with Section 7.8.
(i) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT.
(j) DB Contractor has provided to TxDOT at least 10 days prior written notice of the date DB Contractor determines that it will satisfy all of the conditions set forth in this Section 4.4.1.
(k) DB Contractor and TxDOT shall have completed a joint inspection of the existing facilities, structures and environmentally sensitive areas in the vicinity of the Site but not included as part of the Work under the Technical Provisions.
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract Documents, in the form and content required by the Project Management Plan or Contract Documents.
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager andand (b) employment relations, in accordance with Section 7.8.
(k) There exists no uncured Developer Default for which Developer has received written notice from TxDOT.
(l) Developer has provided to TxDOT at least 10 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 4.4.1.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Construction Work Generally. Except Design-Build Contractor shall not start construction (or recommence construction following any suspension) of any portion of the Project prior to occurrence of all the extent expressly permitted in writing by TxDOTfollowing events except with the prior written approval of IFA, in TxDOT’s its sole discretion, Developer and Design-Build Contractor shall not commence or permit or suffer commencement such construction promptly following occurrence of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfiedsuch events:
(a) IFA shall have delivered the NTP to Design-Build Contractor;
(b) IFA has approved the deliverables set forth in Section 2.3 of the Technical Provisions that are designated as requiring approval prior to commencement of Construction relating to such portion of the Project;
(c) IFA shall have approved the Transportation Management Plan in accordance with Section 11.0 of the Technical Provisions;
(d) All requirements of the Construction Quality Management Plan which are a condition to commencement of construction shall have been met;
(e) Design-Build Contractor has delivered to IFA, and obtained all required approvals from IFA and any other applicable Governmental Entity with respect to, the Submittals relating to the construction Work required by the Project Management Plan and PPA Documents, in the form and content required by the Project Management Plan and PPA Documents, as applicable;
(f) IFA has reviewed and commented on all applicable Construction Documents, including Released for Construction Documents relating to such portion of the Project and Design-Build Contractor has addressed and incorporated such comments in accordance with Section 3.3;
(g) All Governmental Approvals necessary to begin Construction Work in for construction of the applicable portion of the Project shall have been obtained, obtained and Developer Design-Build Contractor has furnished to TxDOT IFA fully executed copies of such Governmental Approvals.;
(bh) Fee simple title or other property All conditions of Governmental Approvals necessary for construction of the applicable portion of the Project which are a prerequisite to commencement of such construction shall have been performed and satisfied;
(i) All rights of access acceptable to TxDOT IFA in its sole good faith discretion for such portion of the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work shall have been identified, conveyed to conveyed, and recorded in favor of TxDOTto IFA, TxDOT IFA has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer IFA and IFA or Design-Build Contractor, as applicable, has satisfied issued the ROW Certification for the applicable portion of the Project all applicable Project;
(j) All pre-construction requirements contained in the Environmental Approvals environmental surveys and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.
(e) The Guarantees, if any, required under Section 8.3 mitigation have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work completed as required by the Project Management Plan Governmental Approvals or Contract Documentsotherwise under the PPA Documents for the area(s) proposed for construction, in the form and content Design-Build Contractor shall have performed all other survey work and delivered all notices required by the Project Management Plan or Contract Documents.PPA Documents to be delivered prior to commencement of construction on such portion of the Project;
(ik) All representations and warranties of Developer Design-Build Contractor set forth in SectionSection 2.3 shall be and remain true and correct in all material respects;
(jl) Developer There exists no uncured Event of Default for which Design-Build Contractor has adopted received written policies establishing ethical standards notice from IFA; and
(m) Design-Build Contractor has provided to IFA at least ten (10) days advance written notification of conduct for the date Design-Build Contractor determines that it will satisfy all Developer-Related Entitiesof the conditions set forth in this Section 4.4 and IFA has not objected in writing. As used in this Section 4.5.1, including Developer’s supervisory the term "construction" specifically excludes potholing and management personnel in dealing with: (ageotechnical investigations incidental to design Work, Hazardous Materials Management, mobilization, Site security and establishment of work yard(s) TxDOT and the Program Manager andstorage sites.
Appears in 2 contracts
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each NTP2 Performance BondXxxx, XXX0 Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 2.1.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract CDA Documents, in the form and content required by the Project Management Plan or Contract CDA Documents.
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract Documents, in the form and content required by the Project Management Plan or Contract Documents.
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and
Appears in 1 contract
Samples: Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOTXxXXX, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract Documents, in the form and content required by the Project Management Plan or Contract Documents.
(i) All representations and warranties of Developer set forth in Section
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager andand (b) employment relations, in accordance with Section 7.8.
(k) There exists no uncured Developer Default for which Developer has received written notice from TxDOT.
(l) Developer has provided to TxDOT at least 10 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 4.4.1.
Appears in 1 contract
Samples: Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretionIFA, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof East End Crossing until TxDOT IFA issues NTP2 and all of the NTP2. The following are conditions have been satisfiedto IFA issuing NTP2:
(a) 5.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project East End Crossing have been obtained, and Developer has furnished to TxDOT IFA fully executed copies of such Governmental Approvals.;
(b) Fee 5.6.1.2 On or before the “Anticipated Date Applicable” set forth in Attachment 21- 1 to the Technical Provisions for the parcels identified therein, fee simple title or other property rights or rights of entry acceptable to TxDOT IFA, in its sole discretion good faith discretion, for the Project ROW Right of Way necessary for commencement of construction of the applicable portion of the Project East End Crossing and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOTto IFA, TxDOT IFA has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.IFA;
(c) 5.6.1.3 Developer has satisfied satisfied, for the applicable portion of the Project East End Crossing, all applicable pre-construction requirements contained in the Environmental Approvals NEPA Approval and other Governmental Approvals.;
(d) 5.6.1.4 Each Payment Bond and instrument of Performance Bond, Payment Bond, and Retainage BondSecurity, in form and from a surety Surety or issuer approved by TxDOTIFA, required under Section 8 17.2.1 has been obtained obtained, meets the prescriptions under Section 17.2.1 and is in full force and effect, and Developer has delivered to TxDOT IFA either the originals of each Payment Bond and instrument of Performance Security or, if the originals are to be held by the Collateral Agent for the Initial Senior Project Debt, certified and conformed copies of the originals originals;
5.6.1.5 The guarantees in favor of each such bond, with the original of each such bond delivered to Developer.
(e) The GuaranteesIFA, if any, required under Section 8.3 17.4 have been executed, obtained and delivered to TxDOT.to, and accepted by, IFA and are in full force and effect;
(f) All insurance policies 5.6.1.6 Insurance Policies then required under Section 9 17.1 have been obtained and are in full force and effect, and Developer has delivered to TxDOT IFA written binding verifications of coverage coverage, as prescribed thereunder, from the relevant issuers of such insurance policies.Insurance Policies;
(g) 5.6.1.7 Developer has caused to be developed and delivered to TxDOT IFA and TxDOT IFA has approved, in accordance with Section 2.1.1 10.1 of this Agreement and Section 2 1.5.2.5 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 201-1 to the Technical Provisions.;
(h) 5.6.1.8 Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the East End Crossing, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7;
5.6.1.9 Developer has delivered to TxDOT IFA, and IFA has accepted and approved, as applicable, all Submittals relating to the Construction Work required by the Project Management Plan or Contract and PPA Documents, in the form and content required by the Project Management Plan or Contract PPA Documents.;
(i) 5.6.1.10 Developer has satisfied any other requirements or conditions for commencing Construction Work set forth in the Technical Provisions, including in Section 7.4 of the Technical Provisions, including survey of eagle nests and implementation of mitigation measures for the Indiana bat, xxxx bat and federally-listed mussels pursuant to the BA approved by the USFWS on February 18, 2012;
5.6.1.11 All representations and warranties of Developer set forth in SectionSection 18.1 shall be and remain true and correct in all material respects, and Developer has delivered to IFA a certificate certifying to the same;
(j) 5.6.1.12 Developer has adopted written policies policies, approved by IFA, establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: with (a) TxDOT IFA and the Program Manager Department and (b) employment relations, in accordance with Section 7.8.1;
5.6.1.13 There exists no uncured Developer Default for which Developer has received written Notice from IFA, unless (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the MP Disputed Amounts Fund, in accordance with the Project Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
5.6.1.14 IFA has approved Developer’s proposed-final Workforce Diversity and Small Business Performance Plan pursuant to Section 7.11.1.
Appears in 1 contract
Samples: Public Private Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.;
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession Possession and use agreement Use Agreement therefor on terms acceptable to TxDOT.;
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.;
(d) Each D&C Performance Bond, D&C Payment Bond, and D&C Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 for the D&C Work has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.;
(e) The GuaranteesGuaranties, if any, required under Section 8.3 8.4 have been obtained and delivered to TxDOT.;
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.;
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approvedapproved or reviewed (as applicable), in accordance with Section 2.1.1 6.4 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.;
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract DocumentsDocuments to be submitted in advance of commencing the Construction Work, in the form and content required by the Project Management Plan or Contract Documents.;
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects, provided that any representation or warranty of Developer that was made as of a certain date shall have been true and correct in all material respects as of such date;
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (ai) TxDOT and the Program Manager and (ii) employment relations, in accordance with Section 7.8;
(k) There exists no uncured Developer Default for which Developer has received notice from TxDOT, other than any that would be cured by issuance of NPT2 and commencement of construction; and
(l) Developer has provided to TxDOT at least 10 days’ advance notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 3.8.1.
Appears in 1 contract
Samples: Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.;
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession Possession and use agreement Use Agreement therefor on terms acceptable to TxDOT.;
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.;
(d) Each D&C Performance BondXxxx, D&C Payment Bond, and D&C Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 for the D&C Work has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.;
(e) The GuaranteesGuaranties, if any, required under Section 8.3 8.4 have been obtained and delivered to TxDOT.;
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.;
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approvedapproved or reviewed (as applicable), in accordance with Section 2.1.1 6.4 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.;
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract DocumentsDocuments to be submitted in advance of commencing the Construction Work, in the form and content required by the Project Management Plan or Contract Documents.;
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects, provided that any representation or warranty of Developer that was made as of a certain date shall have been true and correct in all material respects as of such date;
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including DeveloperXxxxxxxxx’s supervisory and management personnel in dealing with: (ai) TxDOT and the Program Manager and (ii) employment relations, in accordance with Section 7.8;
(k) There exists no uncured Developer Default for which Developer has received notice from TxDOT, other than any that would be cured by issuance of NPT2 and commencement of construction; and
(l) Developer has provided to TxDOT at least 10 days’ advance notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 3.8.1.
Appears in 1 contract
Samples: Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.;
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession Possession and use agreement Use Agreement therefor on terms acceptable to TxDOT.;
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.;
(d) Each D&C Performance Bond, D&C Payment Bond, and D&C Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 for the D&C Work has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.;
(e) The GuaranteesGuaranties, if any, required under Section 8.3 8.7 have been obtained and delivered to TxDOT.;
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.;
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approvedapproved or reviewed (as applicable), in accordance with Section 2.1.1 6.4 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.;
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract DocumentsDocuments to be submitted in advance of commencing the Construction Work, in the form and content required by the Project Management Plan or Contract Documents.;
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects, provided that any representation or warranty of Developer that was made as of a certain date shall have been true and correct in all material respects as of such date;
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (ai) TxDOT and the Program Manager and
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, TxDOT in TxDOT’s its sole discretion, Developer DB Contractor shall not commence or permit or suffer commencement of construction of the Project Base Scope, Option (if TxDOT exercises its option to include the Option in the Project) or applicable portion thereof until TxDOT issues NTP2 or NTP4, as applicable, and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT XxXXX has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer DB Contractor has satisfied satisfied, for the applicable portion of the Project Project, all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer DB Contractor has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to DeveloperDB Contractor.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement DBA and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract DBA Documents, in the form and content required by the Project Management Plan or Contract DBA Documents.
(i) All representations and warranties of Developer DB Contractor set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer DB Contractor has adopted written policies establishing ethical standards of conduct for all DeveloperDB Contractor-Related Entities, including DeveloperDB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager andand (b) employment relations, in accordance with Section 7.8.
(k) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT.
(l) DB Contractor has provided to TxDOT at least 10 days prior written notice of the date DB Contractor determines that it will satisfy all of the conditions set forth in this Section 4.4.1.
(m) DB Contractor and TxDOT shall have completed a joint inspection of the existing facilities, structures and environmentally sensitive areas in the vicinity of the Site but not included as part of the Work under Section 4.3.7 of the Technical Provisions.
Appears in 1 contract
Samples: Design Build Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.;
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession Possession and use agreement Use Agreement therefor on terms acceptable to TxDOT.;
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.;
(d) Each D&C Performance BondXxxx, D&C Payment Bond, and D&C Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 for the D&C Work has been obtained and is in full force and effect, and Developer Xxxxxxxxx has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.;
(e) The GuaranteesGuaranties, if any, required under Section 8.3 8.4 have been obtained and delivered to TxDOT.;
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.;
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approvedapproved or reviewed (as applicable), in accordance with Section 2.1.1 6.4 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.;
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract DocumentsDocuments to be submitted in advance of commencing the Construction Work, in the form and content required by the Project Management Plan or Contract Documents.;
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects, provided that any representation or warranty of Developer that was made as of a certain date shall have been true and correct in all material respects as of such date;
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including DeveloperXxxxxxxxx’s supervisory and management personnel in dealing with: (ai) TxDOT and the Program Manager and (ii) employment relations, in accordance with Section 7.8;
(k) There exists no uncured Developer Default for which Developer has received notice from TxDOT, other than any that would be cured by issuance of NPT2 and commencement of construction; and
(l) Developer has provided to TxDOT at least 10 days’ advance notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 3.8.1.
Appears in 1 contract
Samples: Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 2.1.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract CDA Documents, in the form and content required by the Project Management Plan or Contract CDA Documents.
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.;
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession Possession and use agreement Use Agreement therefor on terms acceptable to TxDOT.;
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.;
(d) Each D&C Performance BondXxxx, D&C Payment Bond, and D&C Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 for the D&C Work has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.;
(e) The GuaranteesGuaranties, if any, required under Section 8.3 8.5 have been obtained and delivered to TxDOT.;
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.;
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approvedapproved or reviewed (as applicable), in accordance with Section 2.1.1 6.4 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.;
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract DocumentsDocuments to be submitted in advance of commencing the Construction Work, in the form and content required by the Project Management Plan or Contract Documents.;
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects, provided that any representation or warranty of Developer that was made as of a certain date shall have been true and correct in all material respects as of such date;
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (ai) TxDOT and the Program Manager and
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract Documents, in the form and content required by the Project Management Plan or Contract Documents.
(i) All representations and warranties of Developer set forth in Section
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and
Appears in 1 contract
Samples: Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.;
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession Possession and use agreement Use Agreement therefor on terms acceptable to TxDOT.;
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.;
(d) Each D&C Performance Bond, D&C Payment Bond, and D&C Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 for the D&C Work has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.;
(e) The GuaranteesGuaranties, if any, required under Section 8.3 8.5 have been obtained and delivered to TxDOT.;
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.;
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approvedapproved or reviewed (as applicable), in accordance with Section 2.1.1 6.4 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.;
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract DocumentsDocuments to be submitted in advance of commencing the Construction Work, in the form and content required by the Project Management Plan or Contract Documents.;
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects, provided that any representation or warranty of Developer that was made as of a certain date shall have been true and correct in all material respects as of such date;
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (ai) TxDOT and the Program Manager and (ii) employment relations, in accordance with Section 7.8;
(k) There exists no uncured Developer Default for which Developer has received notice from TxDOT, other than any that would be cured by issuance of NPT2 and commencement of construction; and
(l) Developer has provided to TxDOT at least 10 days’ advance notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 3.8.1.
Appears in 1 contract
Samples: Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, TxDOT in TxDOT’s its sole discretion, Developer DB Contractor shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer DB Contractor has satisfied satisfied, for the applicable portion of the Project Project, all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer DB Contractor has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to DeveloperDB Contractor.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.. Texas Department of Transportation RFP Addendum 5 US 77 Upgrade from Kingsville to Xxxxxxxx Project 28 Design-Build Agreement November 20, 2012
(h) Developer DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract Documents, in the form and content required by the Project Management Plan or Contract Documents.
(i) All representations and warranties of Developer DB Contractor set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer DB Contractor has adopted written policies establishing ethical standards of conduct for all DeveloperDB Contractor-Related Entities, including DeveloperDB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager andand (b) employment relations, in accordance with Section 7.8.
(k) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT.
(l) DB Contractor has provided to TxDOT at least 10 days prior written notice of the date DB Contractor determines that it will satisfy all of the conditions set forth in this Section 4.4.1.
(m) DB Contractor and TxDOT shall have completed a joint inspection of the existing facilities, structures and environmentally sensitive areas in the vicinity of the Site but not included as part of the Work under Section 4.3.7 of the Technical Provisions.
Appears in 1 contract
Samples: Design Build Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOTXxXXX, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each Performance Bond, Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract Documents, in the form and content required by the Project Management Plan or Contract Documents.
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and
Appears in 1 contract
Samples: Development Agreement
Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied:
(a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals.
(b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT.
(c) Developer has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
(d) Each NTP2 Performance Bond, NTP2 Payment Bond, and Retainage Bond, in form and from a surety approved by TxDOT, required under Section 8 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer.
(e) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT.
(f) All insurance policies required under Section 9 have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies.
(g) Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 2.1.1 2.1.1.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions.
(h) Developer has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or Contract CDA Documents, in the form and content required by the Project Management Plan or Contract CDA Documents.
(i) All representations and warranties of Developer set forth in SectionSection 2.3 shall be and remain true and correct in all material respects.
(j) Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and
Appears in 1 contract
Samples: Comprehensive Development Agreement
