General Obligations of DB Contractor. DB Contractor, in addition to performing all other requirements of the Contract Documents, shall:
2.2.1 Furnish all design and other services, provide all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding only those materials, services and efforts which the Contract Documents expressly specify will be undertaken by TxDOT or other Persons) to design, construct the Project and maintain it during construction in accordance with the requirements of the Contract Documents so as to achieve Substantial Completion and Final Acceptance by the applicable Completion Deadlines.
2.2.2 At all times provide a Project Manager approved by TxDOT who will:
(a) have full responsibility for the prosecution of the Work, (b) will act as agent and be a single point of contact in all matters on behalf of DB Contractor, (c) be present at the Site at all times that Work is performed, and (d) be available to respond to TxDOT or TxDOT’s Authorized Representatives.
2.2.3 Comply with, and require that all Subcontractors comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended.
2.2.4 Cooperate with TxDOT, the Program Manager, and Governmental Entities with jurisdiction in all matters relating to the Work, including their review, inspection and oversight of the design and construction of the Project and the design and construction of the Utility Adjustments.
2.2.5 Use commercially reasonable efforts to mitigate delay to design and construction of the Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re-sequencing, reallocating, or redeploying DB Contractor’s and its Subcontractors’ forces to other work, as appropriate.
2.2.6 Obtain and pay the cost of obtaining all Governmental Approvals required in connection with the Project (except to the extent TxDOT has expressly agreed to be responsible therefor under Section 6.10.
General Obligations of DB Contractor. DB Contractor, in addition to performing all other requirements of the Contract Documents, shall:
2.2.1 Furnish all design and other Professional Services, provide all materials,
General Obligations of DB Contractor. 4.1.1 DB Contractor shall furnish all Maintenance Services throughout the Maintenance Period within the Maintenance Limits. DB Contractor shall submit updated Maintenance Limits drawings for TxDOT approval as part of the applicable Maintenance Management Plan (MMP). All costs associated with providing the Maintenance Services are included in the Maintenance Price set forth in Exhibit 3 to the CMA as such may be adjusted in accordance with Section 4.5 hereof and Section 5 of the CMA.
General Obligations of DB Contractor. DB Contractor, in addition to performing all other requirements of the Contract Documents, shall:
2.2.1 Furnish all design and other Professional Services, provide all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding only those materials, services and efforts that the Contract Documents expressly specify will be undertaken by TxDOT or other Persons) to administer, design and construct the Project and maintain it during construction in accordance with the requirements of the Contract Documents so as to achieve Substantial Completion and Final Acceptance of each Facility by the applicable Completion Deadlines.
2.2.2 At all times provide a Project Manager approved by TxDOT who will (a) have full responsibility for the prosecution of the Work, (b) act as agent and be a single point of contact in all matters on behalf of DB Contractor, (c) be present (or have a TxDOT-approved designee present) at the Site at all times that Work is performed, and (d) be available to respond to TxDOT or TxDOT’s Authorized Representatives.
2.2.3 Comply with, and require that all Subcontractors comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended.
2.2.4 Cooperate with TxDOT, TxDOT Consultants and subcontractors, and Governmental Entities with jurisdiction in all matters relating to the Work, including their review, inspection and oversight of the Work and the design and construction of Utility Adjustments.
2.2.5 Use commercially reasonable efforts to mitigate delay to the Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re-sequencing, reallocating, or redeploying DB Contractor’s and its Subcontractors’ forces to other work, as appropriate.
2.2.6 Obtain and pay the cost of obtaining all Governmental Approvals required in connection with the Project (except to the extent TxDOT has expressly agreed to be responsible therefor under Section 6.10.1).
General Obligations of DB Contractor. 4.1.1 DB Contractor shall furnish all Maintenance Services throughout the Maintenance Period within the Maintenance Limits. DB Contractor shall submit updated Maintenance Limits drawings for TxDOT approval as part of the applicable Maintenance Management Plan (MMP). All costs associated with providing the Maintenance Services are included in the Maintenance Price set forth in Exhibit 4 to the CMA as such may be adjusted in accordance with Section 4.5 hereof and Section 5 of the CMA.
4.1.2 DB Contractor shall provide all personnel, labor, materials, supplies, parts, equipment, public and employee safety devices, components, tools, utilities and other items and services required to undertake and complete the Maintenance Services. DB Contractor shall bear the risk of loss, damage, theft and vandalism of such materials, supplies, parts, equipment, devices, components, tools, utilities and other items.
4.1.3 DB Contractor shall furnish all plans and submittals required by the CMC Documents in a timely manner and in the form and with the content required thereby.
4.1.4 At all times during the Maintenance Period, DB Contractor shall carry out the Maintenance Services in accordance with (i) Good Industry Practice, as it evolves from time to time, (ii) the requirements, terms and conditions set forth in the CMC Documents, as the same may change from time to time, (iii) all Laws, (iv) the requirements, terms and conditions set forth in all Governmental Approvals, (v) the approved MMP, and all approved updates and amendments thereof, (vi) safety compliance and Safety Standards, (vii) the approved Project Management Plan and all component parts, plans and documentation prepared or to be prepared thereunder, and all approved updates and amendments thereof, and (viii) all other applicable safety, environmental and other requirements, taking into account the Project ROW limits and other constraints affecting the Project. If DB Contractor encounters a contradiction between subsections (i) through (viii), DB Contractor shall advise TxDOT of the contradiction and TxDOT shall instruct DB Contractor as to which subsection shall control in that instance. No such instruction shall be construed as a TxDOT-Directed Change. DB Contractor is responsible for keeping itself informed of and applying current Good Industry Practice.
4.1.5 DB Contractor acknowledges and agrees that, although certain provisions in the CMC Documents include Performance Requirements, such Performance Requir...
General Obligations of DB Contractor. The DB Contractor, in addition to performing all other requirements of the Contract Documents, shall:
A. Furnish all design and other services; provide all materials, equipment, and labor; and undertake all efforts necessary or appropriate (excluding only those services, materials and efforts that the Contract Documents specify will be undertaken by other Persons): (i) to construct the Project and maintain it during construction in strict accordance with the requirements of the Contract Documents, including the Contract Schedule, all legal requirements, all Governmental Approvals, the Project Management Plan, Volume II Book II Technical Provisions, Applicable Standards, and all other applicable safety, environmental, licensing and other requirements, taking into account the ROW drawings and other constraints affecting the Project, so as to achieve the Completion Deadlines; and (ii) otherwise to do everything required by and in strict accordance with the Contract Documents.
B. At all times, provide a Design Build Manager, approved by the District, who: (i) will have full responsibility for the prosecution of the Work; (ii) will act as agent and be a single point of contact in all matters on behalf of the DB Contractor; (iii) will be present (or his approved designee will be present) at the Site at all times that Work is performed; and (iv) will have authority to bind the DB Contractor on all matters relating to the Project. Either the DB Contractor Project Manager or his designee will attend all meetings related to the Project.
C. Obtain all Governmental Approvals (other than those agreed to be obtained by the District in other areas of the Contract Documents). Table 8-1 of the Technical Provisions, Volume II, Book II, lists the permits the DB Contractor is to obtain and those that DDOT will obtain.
D. Comply with all conditions imposed by and undertake all actions required by and all actions necessary to maintain in full force and effect all Governmental Approvals, including implementation of all environmental commitments and mitigation measures required by the Contract Documents, except to the extent that such responsibility is expressly assigned in the Contract Documents to another Person.
E. Provide such assistance as requested by the District in dealing with any Person and/or in prosecuting and defending lawsuits in any and all matters relating to the Project, which may include providing information and reports regarding the Project, executing declarat...
General Obligations of DB Contractor. DB Contractor, in addition to performing all other requirements of the DBA Documents, shall:
2.2.1 Furnish all design and other services, provide all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding only those materials, services and efforts which the DBA Documents expressly specify will be undertaken by TxDOT or other Persons) to design and construct the Project and maintain it in accordance with the requirements of the DBA Documents so as to achieve Substantial Completion and Final Acceptance by the applicable Completion Deadlines.
2.2.2 DB Contractor acknowledges that the Authority Improvements will be designed, constructed, and installed by the Central Texas Regional Mobility Authority and/or its contractor(s) (the “Authority”), and will not be part of the scope of work for DB Contractor. DB Contractor agrees to reasonably cooperate with the Authority as may be necessary or desirable for the Authority to design, construct, install, and test such equipment, which shall include, but not be limited to, coordinating its work activities and schedules with the Authority as needed to facilitate the timely installation of such equipment, providing access to the Authority as needed in the design, construction and installation of such equipment, providing on site storage space to the Authority for its equipment, materials, and supplies, allowing the Authority to connect such equipment to facilities and equipment installed by DB Contractor, and cooperating with the Authority in the testing of such equipment. In working around or near such equipment, DB Contractor agrees to take reasonable precautions to avoid damage or harm to such equipment, and agrees to reimburse TxDOT and/or the Authority, as appropriate, for all damage or loss caused by or resulting from a failure to take such reasonable precautions.
2.2.3 At all times provide a Project Manager approved by TxDOT who will: (a) have full responsibility for the prosecution of the Work, (b) act as agent and be a single point of contact in all matters on behalf of DB Contractor, (c) be present (or have an approved designee present) at the Site at all times that Work is performed, and (d) be available to respond to TxDOT or its Authorized Representatives.
2.2.4 Comply with, and require that all Subcontractors comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as a...
General Obligations of DB Contractor. DB Contractor, in addition to performing all other requirements of the Contract Documents, shall:
2.2.1 Furnish all design and other services, provide all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding only those materials, services and efforts which the Contract Documents expressly specify will be undertaken by TxDOT or other Persons) to design, construct the Project and maintain it during construction in accordance with the requirements of the Contract Documents so as to achieve Substantial Completion and Final Acceptance by the applicable Completion Deadlines.
2.2.2 At all times provide a Project Manager approved by TxDOT who will:
(a) have full responsibility for the prosecution of the Work, (b) will act as agent and be a single point of contact in all matters on behalf of DB Contractor, (c) be present (or have an approved designee who will be present) at the Site at all times that Work is performed, and
General Obligations of DB Contractor. DB Contractor, in addition to performing all other requirements of the DBA Documents, shall:
2.2.1 Furnish all design and other services, provide all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding only those materials, services and efforts which the DBA Documents expressly specify will be undertaken by TxDOT or other Persons) to design and construct the Project and maintain it in accordance with the requirements of the DBA Documents so as to achieve Substantial Completion and Final Acceptance by the applicable Completion Deadlines.
2.2.2 At all times provide a Project Manager approved by TxDOT who will: (a) have full responsibility for the prosecution of the Work, (b) act as agent and be a single point of contact in all matters on behalf of DB Contractor, (c) be present (or have an
2.2.3 Comply with, and require that all Subcontractors comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended.
2.2.4 Cooperate with TxDOT, the Program Manager, and Governmental Entities with jurisdiction in all matters relating to the Work, including their review, inspection and oversight of the design and construction of the Project and the design and construction of the Utility Adjustments.
2.2.5 Use commercially reasonable efforts to mitigate delay to design and construction of the Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re-sequencing, reallocating, or redeploying DB Contractor’s and its Subcontractors’ forces to other work, as appropriate.
2.2.6 Obtain and pay the cost of obtaining all Governmental Approvals required in connection with the Project.
General Obligations of DB Contractor. The DB Contractor, in addition to performing all other requirements of the Contract Documents, shall:
1. Furnish all design and other services; provide all materials, equipment, and labor; and undertake all efforts necessary or appropriate (excluding only those services, materials and efforts that the Contract Documents specify will be undertaken by other Persons): (i) to construct the Project and maintain it during construction in strict accordance with the requirements of the Contract Documents, including the Contract Schedule, all Legal Requirements, all Governmental Approvals, the Quality Manual, the Maintenance of Traffic Plan, the Public Information Plan, Applicable Standards (including approved ATCs), and all other applicable safety, environmental, licensing and other requirements, taking into account the ROW drawings and other constraints affecting the Project, so as to achieve the Completion and Final Acceptance Dates; and (ii) otherwise to do everything required by and in strict accordance with the Contract Documents.
2. At all times, provide a DB Contractor Project Manager, approved by the District, who: (i) will have full responsibility for the prosecution of the Work; (ii) will act as agent and be a single point of contact in all matters on behalf of the DB Contractor; (iii) will be present (or his approved designee will be present) at the Site at all times that Work is performed; and (iv) will have authority to bind the DB Contractor on all matters relating to the Project. Either the DB Contractor Project Manager or his designee will attend all meetings related to the Project.
