1. Provide all design and other services, as well as all goods, materials, and labor, and undertake all efforts necessary or appropriate (excluding only those services, materials, and efforts which the RFP specifies will be undertaken by other persons) to construct the Project and maintain it during construction in accordance with the requirements of the Contract. The word “provide” includes and requires the Firm to design, furnish, install, construct, and perform all work necessary for a final, complete, in-place, and fully functional Project which meets all the requirements of the Contract. 2. At all times provide a Project Manager, who shall: 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 the Firm; c. be present (or have an approved designee present) at the site at all times when work is performed; and d. have authority to make binding decisions for the Firm on all matters relating to the Project. 3. Obtain all governmental approvals other than those to be provided by MDT. 4. Comply with all conditions imposed by and undertake all actions required by and necessary to maintain in full force and effect, all governmental approvals, including implementation of all environmental mitigation measures required by the Contract, except to the extent that such responsibility is expressly assigned in the Contract to another person. 5. Coordinate with third parties regarding the work and assist MDT in any coordination efforts it undertakes. 6. Provide such assistance as is reasonably requested by MDT in dealing with any person and/or in prosecuting and defending claims or lawsuits in any and all matters against MDT by third parties 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 Firm to provide legal services. If the amount of time required to provide assistance becomes unreasonable, MDT may request such assistance at its cost. This obligation is not intended to address and shall not limit the Firm’s indemnification obligation. 7. Comply with all requirements of all applicable laws. 8. Cooperate with MDT and other governmental persons in the review and oversight of the Project and other matters relating to the work. 9. Make payments to third parties required by the Contract, if any. 10. Supervise and be responsible to MDT for acts and omissions of all subcontractors and subconsultants as though the Firm directly employed all such persons. 11. Take prompt action and measures to effectively mitigate potential loss or damage, including mitigation of delay to the Project and damages due to delay in all circumstances, to the extent reasonably possible, including by re-sequencing, reallocating, or redeploying, as appropriate. 12. Pay all applicable federal, state, and local sales, consumer, use, and similar taxes, property taxes, and any other taxes, fees, charges, or levies imposed under federal, state, or local law, whether direct or indirect, relating to, or incurred in connection with the performance of the work.
