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 amended. 2.2.5 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. 2.2.6 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. 2.2.7 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 6.7.1.)
Appears in 2 contracts
Sources: Design Build Agreement, Design Build Agreement
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 amended.
2.2.5 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.
2.2.6 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.
2.2.7 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 6.7.1.)
Appears in 1 contract
Sources: Design Build Agreement