Res 2006-096 - Laserfiche WebLink

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TxDOT Contract No. PT 2005-001-01 frames for orderly relocation of residents and businesses on the Project. All costs associated with the relocation assistance, including payments to displacees, will be assumed by the Developer. e. The Department may monitor and audit the Developer's acquisition of right of way on the Project at any time. On request, the Developer shall furnish the Department with satisfactory proof of compliance with applicable state and federal laws, regulations, policies, and procedures. If the Department determines that right of way maps, field notes, parcel plats, appraisals, access designations, acquisition documentation, relocation assistance benefits, or any other acquisition requirement is not in compliance with this agreement, the Developer shall take all necessary steps to achieve compliance. The cost for additional work to achieve compliance shall be borne by the Developer. 7. Utilities If the required right of way encroaches on existing utilities and the Project requires their adjustment, removal, or relocation, the Developer shall be responsible for determining the scope of utility work and notifying the appropriate utility company to schedule adjustments. The Developer shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state and federal laws, regulations, rules, policies, and procedures, including Transportation Code, ~203.092 (Reimbursement for Relocation of Utility Facilities), 43 TAC ~15.55 (Construction Cost Participation); 43 TAC ~21.21 (State Participation in Relocation, Adjustment, and/or Removal of Utilities); and 43 TAC 921.31 et seq. (Utility Accommodation). The Developer shall be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the Project unless this work is provided by the owners of the utility facilities. Before construction on a segment of the Project is begun, a utility certification must be made available to the Department stating the status of all utility adjustments and the expected date when all utilities will be adjusted. 8. Engineering Services The Developer has responsibility for the performance of architectural and engineering services, including the responsibility of ensuring that all environmental permits, issues, coordination, mitigation, and commitments are adequately addressed in design of the Project and carried out during construction of the Project. The engineering plans shall be developed in accordance with the latest version of the Department's manuals. The Department's executive director may exercise discretion in authorizing alternative criteria or granting exceptions to this requirement on a case-by-case basis if a particular criterion could not reasonably be met because of physical, environmental, or other relevant factors and if the proposed design is a prudent engineering solution. The Project shall comply with all federal requirements including those cited in 23 CFR Part 172 and those relating to participation by disadvantaged business enterprises, the Americans with Disabilities Act, and environmental matters. Professional services shall be procured in compliance with Government Code Chapter 2254, Subchapter A. Unless an exception is granted by the Department, access to the facility shall be in compliance with the Department's access management policy. 9. Construction Responsibilities a. The Developer shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering Page 4 of 10