Common use of Conditions to Commencement of Construction Clause in Contracts

Conditions to Commencement of Construction. Except to the extent expressly permitted in writing by TxDOT in its sole discretion, DB Contractor shall not commence 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 DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) 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) 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 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 DB Contractor. (d) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT. All insurance policies required under Section 9 have been obtained and are in full force and effect, and DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies. (e) DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved the Project Management Plan. DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or DBC Documents, in the form and content required by the Project Management Plan or DBC Documents. (f) DB Contractor has adopted written policies establishing ethical standards of conduct for all DB Contractor-Related Entities, including DB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and (b) employment relations, in accordance with Section 7.8. (g) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT. (h) 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.. (i) 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.

Conditions to Commencement of Construction. Except to the extent expressly permitted in writing by TxDOT in its sole discretion, DB Contractor shall not commence 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 DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Utility Adjustments included in the applicable portion of the Construction Work have been identifiedTexas Department of Transportation Energy Sector Roadway Repair Project November 5, 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.2013 11 Final RFP Addendum #2 Design-Build Contract (c) 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 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 DB Contractor. (d) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT. All insurance policies required under Section 9 have been obtained and are in full force and effect, and DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies. (e) DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved the Project Management Plan. DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or DBC Documents, in the form and content required by the Project Management Plan or DBC Documents. (f) DB Contractor has adopted written policies establishing ethical standards of conduct for all DB Contractor-Related Entities, including DB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and (b) employment relations, in accordance with Section 7.8. (g) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT. (h) 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.. (i) 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.

Conditions to Commencement of Construction. Except to the extent expressly permitted in writing by TxDOT in its sole discretion, DB Contractor shall not commence 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 DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) 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) 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 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 DB Contractor. (d) The Guarantees, if any, required under Section 8.3 have been obtained and delivered to TxDOT. All insurance policies required under Section 9 have been obtained and are in full force and effect, and DB Contractor has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such insurance policies. (e) DB Contractor has caused to be developed and delivered to TxDOT and TxDOT has approved the Project Management Plan. DB Contractor has delivered to TxDOT all Submittals relating to the Construction Work required by the Project Management Plan or DBC Documents, in the form and content required by the Project Management Plan or DBC Documents. (f) DB Contractor has adopted written policies establishing ethical standards of conduct for all DB Contractor-Related Entities, including DB Contractor’s supervisory and management personnel in dealing with: (a) TxDOT and the Program Manager and (b) employment relations, in accordance with Section 7.8. (g) There exists no uncured DB Contractor Default for which DB Contractor has received written notice from TxDOT. (h) 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.. (i) 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.