Common use of DESIGN AND CONSTRUCTION 9 Clause in Contracts

DESIGN AND CONSTRUCTION 9. 4.1 Obligations of Developer 9 4.1.1 General Duties 9 4.1.2 Performance, Design and Construction Standards 10 4.2 Design Implementation and Submittals 10 4.3 Nonconforming and Defective Work 11 4.4 Project Right of Way Acquisition 11 4.5 Utility Adjustments 11 4.5.1 Developer’s General Responsibilities 11 4.5.2 Utility Agreements 12 4.5.3 Utility Adjustment Costs 12 4.5.4 Utility Enhancements 13 CALIFORNIA DEPARTMENT OF TRANSPORTATION - i - Draft 4.5.5 Utility Permit Applications 13 4.5.6 Assignment of Rights Against Utility Owners 13 4.5.7 Utility Owner Delay 13 4.6 Conditions to Commencement of Design Work 14 4.7 Conditions to Commencement of Construction Work 15 4.8 Construction Commencement Deadline and Project Schedule 16 4.9 Substantial Completion and Final Acceptance 16 4.9.1 Substantial Completion 16 4.9.2 Conditions to Substantial Completion 16 4.9.3 Final Acceptance 18 4.9.4 Milestone Payments and Adjustments 19 4.10 Hazardous Materials and Undesirable Materials Management 19 4.10.1 Developer’s General Responsibilities 19 4.10.2 Pre-existing Hazardous Materials 20 4.10.3 Releases of Hazardous Materials 21 4.10.4 Assignment and Subrogation of Rights Against Third Parties 21 4.11 Environmental Compliance 21 4.12 Oversight, Meetings and Reporting 22 4.12.1 Oversight by the Department 22 4.12.2 Meetings 22 4.12.3 Reporting 22 4.13 Construction Warranties 22 4.14 Structural Defects in Phase I 23 5.1 Timing of O&M Work 24 5.2 Operation and Maintenance Standards and Requirements 24 5.2.1 General Obligations 24 5.2.2 Changes in Operation and Maintenance Standards 24 5.2.3 O&M Work During Construction 26 5.2.4 Management of Hazardous Materials and Undesirable Materials 26 5.2.5 Environmental Compliance 27 5.2.6 Utility Accommodation 27