General Obligations of DB Contractor. The DB Contractor, in addition to performing all other requirements of the Contract Documents, shall: A. Furnish all design and other services; provide all materials, equipment, and labor; and undertake all efforts necessary or appropriate (excluding only those services, materials and efforts that the Contract Documents specify will be undertaken by other Persons): (i) to construct the Project and maintain it during construction in strict accordance with the requirements of the Contract Documents, including the Contract Schedule, all legal requirements, all Governmental Approvals, the Project Management Plan, Volume II Book II Technical Provisions, Applicable Standards, and all other applicable safety, environmental, licensing and other requirements, taking into account the ROW drawings and other constraints affecting the Project, so as to achieve the Completion Deadlines; and (ii) otherwise to do everything required by and in strict accordance with the Contract Documents. B. At all times, provide a Design Build Manager, approved by the District, who: (i) will have full responsibility for the prosecution of the Work; (ii) will act as agent and be a single point of contact in all matters on behalf of the DB Contractor; (iii) will be present (or his approved designee will be present) at the Site at all times that Work is performed; and (iv) will have authority to bind the DB Contractor on all matters relating to the Project. Either the DB Contractor Project Manager or his designee will attend all meetings related to the Project. C. Obtain all Governmental Approvals (other than those agreed to be obtained by the District in other areas of the Contract Documents). Table 8-1 of the Technical Provisions, Volume II, Book II, lists the permits the DB Contractor is to obtain and those that DDOT will obtain. D. Comply with all conditions imposed by and undertake all actions required by and all actions necessary to maintain in full force and effect all Governmental Approvals, including implementation of all environmental commitments and mitigation measures required by the Contract Documents, except to the extent that such responsibility is expressly assigned in the Contract Documents to another Person. E. Provide such assistance as requested by the District in dealing with any Person and/or in prosecuting and defending lawsuits in any and all matters relating to the Project, which may include providing information and reports regarding the Project, executing declarations, and attending meetings and hearings, but which shall in no event be deemed to require the DB Contractor to provide legal services. F. Comply with all requirements of all applicable legal requirements, including, without limitation: (i) the environmental laws, including all environmental commitments, mitigation and monitoring measures required for the Project, including those set forth in Volume II, Book II, Section 8, Environmental, and requirements regarding the handling, generation, treatment, storage, transportation and disposal of Hazardous Materials; (ii) the Americans with Disabilities Act of 1990, 42 U.S. Code (USC) § 12101 et seq., including any amendments, as well as all applicable regulations and guidelines; and (iii) the Federal Requirements. G. Comply with all Applicable Standards, including, without limitation, those revised to ensure their enforceability. ▇. ▇▇▇▇▇▇▇▇▇ and coordinate with the District and Governmental Persons with jurisdiction over the Project in the review and oversight of the Project and other matters relating to the Work. I. Make payments to Third Parties required by the Contract Documents, if any, including but not limited to, payments to Utility Companies. J. Supervise and be responsible to the District for acts and omissions of all DB Contractor-Related Entities, as though the DB Contractor directly employed all such Persons. K. Federal Excise Taxes and DC Sales and Use Tax will be addressed in accordance with the provisions of Article 25 of the Standard Specifications for Highways and Structures (DDOT, 2013). L. Assure compliance with Title VI of the Civil Rights Act of 1964. M. Assure compliance with the Americans with Disabilities Act of 1990. N. Assure compliance with Section 504 of the Rehabilitation Act of 1973. O. Assure compliance with Office of Civil Rights and Federal Requirements regarding: Equal Employment Opportunities, Disadvantaged Business Enterprises, On-the-Job Training, Apprenticeships, and work force development.
Appears in 2 contracts
Sources: Design Build Agreement, Design Build Agreement