Design/Build Contractor Sample Clauses

Design/Build Contractor. The Parties acknowledge that ▇▇▇▇▇▇’s utilization of Design/Build for the I-405 Widening Project may have an impact on the processes governed by this Agreement. Without limiting the generality of the foregoing, County and District acknowledge that development of the Design/Build Project will require strict compliance with the scheduling requirements of this Agreement, and that failure to meet the deadlines set forth in this Agreement or in the applicable Work Order could cause LACMTA and/or its D/B Contractor to incur substantial costs as a result of such delay, or in taking measures to avoid resulting delay to the Project. County and District further acknowledge that the D/B Contractor may be assigned various tasks, including certain tasks assigned to the LACMTA Representative hereunder (e.g. coordination of design and resolving design issues with local agencies) which would ordinarily be performed by ▇▇▇▇▇▇’s own staff or design consultants. Accordingly, if LACMTA enters into a D/B Contract, the Parties agree as follows: 2.1.1 Without limiting ▇▇▇▇▇▇’s right to delegate the performance of Design and Construction tasks hereunder to consultants and contractors, LACMTA may delegate to the D/B Contractor the duty to perform certain of ▇▇▇▇▇▇’s obligations hereunder in lieu of LACMTA, as designated by LACMTA in the D/B Contract; provided, however, that the obligation to make payments or advance funds pursuant to Article 7 will not be delegated to the D/B Contractor, and County and District shall have no right to seek such payments from the D/B Contractor. 2.1.2 The D/B Contractor may exercise certain of ▇▇▇▇▇▇’s rights hereunder, but only to the extent designated by LACMTA in the D/B Contract (without limiting LACMTA’s right to exercise such rights). 2.1.3 LACMTA may add the D/B Contractor as a required notice recipient pursuant to Section 12.2 for certain notices hereunder, as specified by ▇▇▇▇▇▇. 2.1.4 The D/B Contractor has authority to provide approvals, consents, permissions, satisfactions or authorizations only where expressly permitted hereunder or pursuant to the D/B Contract. 2.1.5 Upon its entry into a D/B Contract, LACMTA agrees to notify County and District as to (a) the name of the D/B Contractor (and relevant contact information),

Design/Build Contractor. AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES (COLLECTIVELY THE “CITY”) FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE CITY’S CONCURRENT (BUT NOT SOLE) NEGLIGENCE AND/OR THE CITY’S STRICT PRODUCT’S LIABILITY OR STRICT STATUTORY LIABILITY.

Design/Build Contractor shall monitor the progress of performance of environmental mitigation measures and provide periodic reports to IFA as required by the Environmental Compliance and Mitigation Plan, and Section 5.0 of the Technical Provisions. Design-Build Contractor acknowledges and agrees that the plan may be updated from time to time to account for any revisions in mitigation requirements. Whenever a New Approval is obtained which changes the existing environmental mitigation requirements or adds new environmental mitigation requirements, the Environmental Compliance and Mitigation Plan will be revised to include such amendments or new requirements, and Design-Build Contractor shall comply with the revised plan from and after the date it receives the revised plan. No Change Order shall be allowed in connection with any update or revision to the Environmental Compliance and Mitigation Plan except that (a) Change Orders shall be issued for additional Work resulting from those New Approvals which are IFA’s responsibility as specified in Section 6.11.4.1, and (b) if Design-Build Contractor believes that any revision represents an IFA-Directed Change pursuant to Section 6.11.3.2, it shall have the right to seek a Change Order on that basis in accordance with the requirements of, and subject to the limitations in, Section 13.

Design/Build Contractor s activities with respect to (a) acquisition of interests in real property to be used in connection with the Work and (b) Utility Adjustment Work performed pursuant to Sections 6.3 through 6.9 shall be completed and documented in compliance with all applicable Governmental Rules, including the Uniform Act, and the rules and regulations implementing the Uniform Act. Design-Build Contractor shall provide IFA with a ROW Certification for all Project Specific Locations and a Utility Certification, in a form acceptable to IFA, that such activities comply with the Uniform Act and implementing regulations as well as 23 CFR § 635.309 (b) and (c). IFA reserves the right to supervise Design-Build Contractor’s activities described in this Section 6.1.4.1 to ensure Design-Build Contractor acts in accordance with the INDOT ROW Manual and in compliance with all applicable Governmental Rules, including the Uniform Act and the rules and regulations implementing the Uniform Act.

Design/Build Contractor. Entity responsible for design and construction of the Project, and all other ancillary and attendant services necessary to deliver the completed and fully operational Project

Design/Build Contractor. 3.1 RESPONSIBILITIES 3.2 REVIEW OF CONTRACT AND FIELD CONDITIONS BY DESIGN-BUILD CONTRACTOR 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

Design/Build Contractor. Construction Authority shall require in the Design/Build Contract that the Design/Build Contractor be responsible for successfully completing four types of Tests as follows: • Factory Tests • Construction Tests • Systems Integration Tests (SIT-1 and SIT-2) • System Performance Tests Design/Build Contractor’s tests will be based on LACMTA test standards and procedures (to the extent they are reasonable as determined by standard industry practice), to be provided by LACMTA for incorporation into the Design/Build Contract, and requires coordination with LACMTA. Construction Authority will require the Design/Build Contractor to provide a proposed, detailed schedule for the SIT-1 testing (“Detailed Schedule”) no later than 24 months before Substantial Completion. The Detailed Schedule will also include projected LACMTA light rail vehicle requirements, as necessary. The Design/Build Contractor will be responsible for providing training to LACMTA staff in the areas of system familiarization and configuration, equipment operation and equipment maintenance and be available for meetings during testing and Start Up as required and deemed necessary by LACMTA. A proposed schedule for training, along with content, will be provided to the Construction Authority and LACMTA no later than 15 months prior to Substantial Completion . The Design/Build Contractor establishes and maintains all track allocation and safety requirements and regulations in accordance with LACMTA standards and applicable CPUC regulations beginning with initial activation of the traction power system and vehicle movement, continuing until Turnover. The Design/Build Contractor shall provide support personnel as needed for SIT-2.

Design/Build Contractor. Subcontractors, and Suppliers are granted a limited license to use and reproduce ap8plicable portions of the Contract appropriate to and for use in execution of their Work under the Contract.

Design/Build Contractor. The Design/Build Contractor, with LACMTA’s cooperation, shall be responsible for implementation of the CPUC approved safety and security certification plan (SSCP) during the Design and Construction of the Project. As defined in the SSCP, the Design/Build Contractor shall implement a comprehensive safety certification program. At the end of the SSCP process and as a condition to Substantial Completion, a Safety Certification report (SCR) shall be prepared by the Design/Build Contractor and submitted to the Construction Authority for review and approval. The SCR shall describe the process, responsibilities, documentation, and procedures used for certification and provide the supporting documentation.