Common use of Duties and Responsibilities of the Parties Clause in Contracts

Duties and Responsibilities of the Parties. 2.1 The Developer shall be solely responsible for performing all aspects and paying all costs of, and associated with, the Project including, but not limited to, design, right-of-way acquisition, utility relocation, engineering, and construction. The Developer shall be responsible for any costs attributable to the errors or omissions of its consultants or subconsultants. 2.2 The development of the Plans and Specifications for the Project and all work on the Project shall be performed in accordance with DOTD requirements and specifications, including but not limited to, the current edition of “Louisiana Standard Specifications for Roads and Bridges,” as amended, and the Developer shall provide construction administration and inspection services during construction in accordance with normal DOTD procedures. 2.3 All Plans and Specifications for the Project shall be subject to the DOTD’s written approval. Any and all subsequent changes or modifications to the original Plans and Specifications, if any, must be approved by DOTD in writing prior to being incorporated into the Plans and Specifications. 2.4 Prior to beginning construction on the Project, the Developer shall: 2.4.1 Provide documentation acceptable to the DOTD to evidence that all portions of the Project constructed on a state route comply with DOTD policies and procedures and meet or exceed DOTD guidelines, requirements, and specifications. 2.4.2 Provide documentation acceptable to the DOTD to evidence that all environmental aspects associated with the Project comply with all applicable state and federal laws, rules, and regulations. 2.4.3 Furnish to the DOTD a valid resolution adopted by the Developer acting as the governing authority for the Developer approving the donation of the completed Project improvements and right-of-way to the DOTD, as an addition to the State’s highway system. A valid resolution authorizing the Developer’s execution of this Agreement shall be deemed sufficient to comply with this requirement. 2.4.4 Execute a Certification for Modifications of State Highways. 2.4.5 Send a request for authorization to begin work to the District Construction Coordinator and receive said authorization from DOTD in writing. SAMPLE 2.5 Upon completion of the Project, the Developer shall provide, within 60 days of the final inspection date, a copy of the final estimate package, including the as-built plans, audit of testing and material, and field records, to the District Construction Coordinator for approval. Once the final estimate package is received the final acceptance will be issued within 60 days. 2.6 Upon completion of the Project and final acceptance by the DOTD, the Developer shall donate to the DOTD any and all portions of the Project comprising or affecting the state highway, including any and all drainage improvements and all required right-of-way associated with the Project, and the DOTD shall accept the donation of the Project. The Developer shall execute any documents deemed necessary by the DOTD to effect said donation to the DOTD.

Duties and Responsibilities of the Parties. 2.1 The Developer shall be solely responsible for performing all aspects and paying all costs of, and associated with, the Project includingProject, including but not limited to, design, right-of-way acquisition, utility relocation, engineering, and construction. The Developer shall be responsible for any costs attributable to the errors or omissions of its consultants or subconsultants. 2.2 The development of the Plans and Specifications for the Project and all work on the Project shall be performed in accordance with DOTD requirements and specifications, including but not limited to, the current edition of “Louisiana Standard Specifications for Roads and Bridges,” ”, as amended, and the Developer shall provide construction administration and inspection services during construction in accordance with normal DOTD procedures. 2.3 All Plans and Specifications for the Project shall be subject to the DOTD’s written approval. Any and all subsequent changes or modifications to the original Plans and Specifications, if any, must be approved by DOTD in writing prior to being incorporated into the Plans and Specifications. 2.4 Prior to beginning construction on the Project, the Developer shall: 2.4.1 Provide documentation acceptable to the DOTD to evidence that all portions of the Project constructed on a state route comply with DOTD policies and procedures and meet or exceed DOTD guidelines, requirements, and specifications. 2.4.2 Provide documentation acceptable to the DOTD to evidence that all environmental aspects associated with the Project comply with all applicable state and federal laws, rules, and regulations. 2.4.3 Furnish to the DOTD a valid resolution adopted by the Developer acting as the governing authority for the Developer approving the donation of the completed Project improvements and right-of-way to the DOTD, as an addition to the State’s highway system. A valid resolution authorizing the Developer’s execution of this Agreement shall be deemed sufficient to comply with this requirement. 2.4.4 Execute a Certification for Modifications of State Highways. 2.4.5 Send a request for authorization to begin work to the District Construction Coordinator and receive said authorization from DOTD in writing. SAMPLEFOR INFORMATIONAL PURPOSES ONLY 2.5 Upon completion of the Project, the Developer shall provide, provide within 60 days of the date of the final inspection dateacceptance letter, a copy of the final estimate package, including the as-built plans, audit of testing and & material, and field records, to the District Construction Coordinator for approval. Once the final estimate package is received the final acceptance will be issued within 60 days. 2.6 Upon completion of the Project and final acceptance by the DOTD, the Developer shall donate to the DOTD any and all portions of the Project comprising or affecting the state highway, including any and all drainage improvements and all required right-of-way associated with the Project, and the DOTD shall accept the donation of the Project. The Developer shall execute any documents deemed necessary by the DOTD to effect said donation to the DOTD.