Assumed Approval Issuance Dates. The Design-Builder shall submit completed applications for each of the Governmental Approvals listed below in Table 3-6 by the applicable “Governmental Approval Application Date”, stated in Table 3-6 as the number of days following the Contract Date. The “Assumed Approval Issuance Date” is the date by which the applicable Governmental Approval is expected to be obtained, as measured from the Application Submission Date and assuming completed application submittals in accordance with Applicable Law and the adopted administrative practice of the applicable Governmental Body by the applicable Governmental Approval Application Date. The Scheduled Acceptance Date shall be adjusted to account for the number of days of delay by a Governmental Body in issuing any required Governmental Approval listed below in Table 3-6 beyond the Assumed Approval Issuance Date, reduced by (1) the number of days of Design-Builder delay in submitting a complete application in accordance with this Section beyond the applicable Governmental Approval Application Date, and (2) the number of days of any Governmental Body delay in issuing the required Governmental Approval due to the failure of the Design-Builder to exercise reasonable diligence in accordance with this Section in securing the Governmental Approval following submittal of the complete application, but only to the extent any such Governmental Body delay actually causes delay in the Design-Builder’s critical path completion schedule after the exercise of all reasonable mitigation efforts by the Design-Builder. In addition, the Design- Builder shall be entitled to an adjustment of the Fixed Design-Build Price equal to the Design- Builder’s reasonable daily general conditions costs, subject to Cost Substantiation in accordance with Section 11.9 (Cost Substantiation of Work Already Performed), for the number of days of delay caused by the applicable Governmental Body, as calculated in accordance with this subsection. The Design-Builder shall bear the burden of proving any claim of entitlement to an adjustment under this Section. Except as specifically provided for in this Section, no delay by a Governmental Body in issuing a required Governmental Approval shall entitle the Design- Builder to any price adjustment, schedule relief or any other relief from its performance obligations hereunder. This subsection (J) does not apply to delays in obtaining the New Domestic Water Supply Permit which permit is addressed in subsection 4.2(...
Assumed Approval Issuance Dates. The DBOM Contractor shall submit completed applications for each of the Governmental Approvals listed below in Table 7.4 by the applicable “Governmental Approval Application Date”, as indicated in the DBOM Contractor’s preliminary Project Schedule set forth in Schedule 7 (Progress Schedule Requirements). The Governmental Approval Application Dates are estimated in the DBOM Contractor’s preliminary Project Schedule and shall be finalized in the DBOM Contractor’s final Project Schedule Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 7 - Design and Permitting of the Project prepared in accordance with Schedule 7 (Progress Schedule Requirements). The “Assumed Approval Issuance Date” is the date by which the applicable Governmental Approval is expected to be obtained, as measured by adding the number of days indicated in the table below to the applicable Governmental Approval Application Date and assuming completed application submittals in accordance with Applicable Law and the adopted administrative practice of the applicable Governmental Body by the applicable Governmental Approval Application Date. Table 7.4 Governmental Approval Issuing Governmental Body Assumed Approval Issuance Date(Calendar Days) Underground Injection Well Waste Discharge Permit Hawaii Department of Health, Safe Drinking Water Branch 290 days1 Environmental Impact Statement (EIS), Supplemental Hawaii Department of Health, Clean Water Branch, BWS and Bureau of Reclamation 290 days1 Archaeological Inventory Survey Report (“AIS”) for Site State Historic Preservation Division (SHPD) 80 days1(draft AIS may be used by DBOM Contractor at BWS’s direction and the risk of changes in the final AIS will be borne by the BWS) Olai Street Roadway Easements DLNR and Property Owner 290 days1 State Lands Access Roadway Easement DLNR 290 days1 Water Use Permit (Well Pump Installation Permit related to the use of the Sourced Seawater Xxxxx) State of Hawaii, Department of Land and Natural Resources (DLNR), Commission on Water Resource Management (CWRM) 180 days2 Amendment to the BWS’ Domestic Water Supply Permit Hawaii Department of Health, Safe Drinking Water Branch 365 days Building Permit City and County of Honolulu, Department of Planning and Permitting, Site Development Division (“City DPP”) 332 days Preservation Plan, Burial Plan, and Archaeological Monitoring Plan State Historic Preservation...
Assumed Approval Issuance Dates. The Company shall submit completed applications for each of the Governmental Approvals listed below by the applicable “Governmental Approval Application Date,” as indicated in the initial Project Schedule set forth in Appendix 16. The Governmental Approval Application Dates are estimated in the Company’s initial schedule and shall be finalized in the approved Project Schedule prepared in accordance with Appendix 16. The “Assumed Approval Issuance Date” is the date by which the applicable Governmental Approval is expected to be obtained, as set forth in the Project Schedule and Appendix 16, assuming completed application submittals in accordance with Applicable Law and the adopted administrative practice of the applicable Governmental Authority by the applicable Governmental Approval Application Date.
