Coordination and Minimization of Disruption and Interference. (a) Project Co shall perform the Works so as to coordinate with, (i) the operations of, and the performance of any services by, Contracting Authority, any Province Persons, any Governmental Authority, any Other Contractor, any Utility Company, MTO, any Municipality and any Transit System, including the performance of the Governmental Activities and the Other Works; and (ii) the construction of the interface, connection or inter-connection between the New Metrolinx Infrastructure, the New Third Party Infrastructure, and any existing transit systems, highway systems, bus routes and any other Ontario or City of Toronto road or roadway. (b) Project Co acknowledges and agrees that, (i) Project Co has familiarized itself with all operations and activities associated with the Lands, the Existing Infrastructure, the existing transit systems and highway systems, and will perform the Works in accordance with, and subject to, (A) the Traffic and Transit Management Plan; and (B) the requirements of Contracting Authority and other third parties, in order to maintain normal operations and activities associated with the Lands, the Existing Infrastructure and the existing transit systems and highway systems; (ii) the carrying on of Contracting Authority Activities during construction is a priority for Contracting Authority, and Project Co has reviewed the Project Documents with respect to this; (iii) Project Co shall use all methods required to comply with the instructions set out in this Project Agreement during the performance of the Works, Project Co shall fully cooperate with Contracting Authority in complying with such instructions during the performance of the Works, and any costs incurred by Project Co in complying with said instructions shall be part of the Guaranteed Price; and (iv) the Project Agreement includes specifications which include instructions respecting Contracting Authority’s use of the Existing Infrastructure, Project Co has read and understood such instructions and shall comply with the procedures set out therein, and Project Co shall be responsible for any costs and expenses resulting in its failure to comply with these procedures. (c) Except as explicitly permitted by Contracting Authority or this Project Agreement, and subject to Project Co’s compliance with all applicable Permits, Licences, Approvals and Agreements, (i) Project Co shall minimize disturbance to and interference with, (A) the existing transit systems, highway systems, and the Existing Infrastructure in accordance with this Project Agreement, including with respect to noise, dust control, access to the Lands and the particular requirements in respect of those portions of the Works which are to be carried out within the Existing Infrastructure and in respect of those portions of the Works where connections are being made to the Existing Infrastructure; (B) the construction, operations or maintenance activities of Contracting Authority, any Province Person, any Governmental Authority, any Other Contractor, any Utility Company, MTO, any Municipality, any Transit System, and with respect to any road or roadway, including the performance of the Governmental Activities and the Other Works; and (C) the convenience of the public in respect of, and the access of the public to and use of, any public or private roads or highways or other transportation infrastructure including the Existing Infrastructure (other than the New Metrolinx Infrastructure and the New Third Party Infrastructure), whether under the control or in the possession of Contracting Authority or any other person, and Project Co shall minimize any lane or ramp closures or diversions, track closures or diversions and traffic diversions or restrictions. (d) To the extent that the Project necessitates interference, in any way, with the operation of the existing transit systems, existing highway systems, or Existing Infrastructure, including the imposition of any closures or detours on the existing highway systems or Existing Infrastructure, Project Co shall use commercially reasonable efforts to cooperate with Contracting Authority, Province Persons, Governmental Authorities, Other Contractors, Utility Companies, MTO, the Municipalities, and Transit Systems and other relevant third parties to ensure the continued operation of the existing transit systems, highway systems, and Existing Infrastructure. (e) Project Co shall develop and implement protocols in furtherance of its obligations as set out in this Section 11.21 in accordance with the Traffic and Transit Management Plan and the Output Specifications.
Appears in 1 contract
Samples: Project Agreement
Coordination and Minimization of Disruption and Interference. (a) Project Co shall perform the Works so as to coordinate with,
(i) the operations of, and the performance of any services by, Contracting Authority, any Province Persons, any Governmental Authority, any Other Contractor, any Utility Company, MTO, any Municipality Municipality, the Region of Peel and any Transit System, including the performance of the Governmental Activities and the Other Works; and
(ii) the construction of the interface, connection or inter-connection between the New Metrolinx Infrastructure, the New Third Party Infrastructure, and any existing transit systems, highway systems, bus routes and any other Ontario Ontario, City of Toronto or City of Toronto Mississauga road or roadway.
(b) Project Co acknowledges and agrees that,
(i) Project Co has familiarized itself with all operations and activities associated with the Lands, the Existing Infrastructure, the existing transit systems and highway systems, and will perform the Works in accordance with, and subject to,
(A) the Traffic and Transit Management Plan; and
(B) the requirements of Contracting Authority and other third parties, in order to maintain normal operations and activities associated with the Lands, the Existing Infrastructure and the existing transit systems and highway systems;
(ii) the carrying on of Contracting Authority Activities during construction is a priority for Contracting Authority, and Project Co has reviewed the Project Documents with respect to this;
(iii) Project Co shall use all methods required to comply with the instructions set out in this Project Agreement during the performance of the Works, Project Co shall fully cooperate with Contracting Authority in complying with such instructions during the performance of the Works, and any costs incurred by Project Co in complying with said instructions shall be part of the Guaranteed Price; and
(iv) the Project Agreement includes specifications which include instructions respecting Contracting Authority’s use of the Existing Infrastructure, Project Co has read and understood such instructions and shall comply with the procedures set out therein, and Project Co shall be responsible for any costs and expenses resulting in its failure to comply with these procedures.
(c) Except as explicitly permitted by Contracting Authority or this Project Agreement, and subject to Project Co’s compliance with all applicable Permits, Licences, Approvals and Agreements,
(i) Project Co shall minimize disturbance to and interference with,
(A) the existing transit systems, highway systems, and the Existing Infrastructure in accordance with this Project Agreement, including with respect to noise, dust control, access to the Lands and the particular requirements in respect of those portions of the Works which are to be carried out within the Existing Infrastructure and in respect of those portions of the Works where connections are being made to the Existing Infrastructure;
(B) the construction, operations or maintenance activities of Contracting Authority, any Province Person, any Governmental Authority, any Other Contractor, any Utility Company, MTO, any Municipality, the Region of Peel, any Transit System, and with respect to any road or roadway, including the performance of the Governmental Activities and the Other Works; and
(C) the convenience of the public in respect of, and the access of the public to and use of, any public or private roads or highways or other transportation infrastructure including the Existing Infrastructure (other than the New Metrolinx Infrastructure and the New Third Party Infrastructure), whether under the control or in the possession of Contracting Authority or any other person, and Project Co shall minimize any lane or ramp closures or diversions, track closures or diversions and traffic diversions or restrictions.
(d) To the extent that the Project necessitates interference, in any way, with the operation of the existing transit systems, existing highway systems, or Existing Infrastructure, including the imposition of any closures or detours on the existing highway systems or Existing Infrastructure, Project Co shall use commercially reasonable efforts to cooperate with Contracting Authority, Province Persons, Governmental Authorities, Other Contractors, Utility Companies, MTO, the Municipalities, the Region of Peel, and Transit Systems and other relevant third parties to ensure the continued operation of the existing transit systems, highway systems, and Existing Infrastructure.
(e) Project Co shall develop and implement protocols in furtherance of its obligations as set out in this Section 11.21 in accordance with the Traffic and Transit Management Plan and the Output Specifications.
Appears in 1 contract
Samples: Project Agreement
Coordination and Minimization of Disruption and Interference. (a) Project DB Co shall perform the Works so as to coordinate with,
(i) the operations of, and the performance of any services by, Contracting Authoritythe City, any Province PersonsCity Party, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, MTO, any Municipality Transit System and any Transit Systemrailway system, including the performance of the Governmental Activities and the Other Works; and;
(ii) the operations of, and the performance of any RTG Works, by RTG and any RTG Party, including in accordance with the Interface Agreement (and subject to any specific coordination arrangements agreed therein);
(iii) the construction of the interface, connection or inter-connection between the New Metrolinx City Infrastructure, the New Third Party MTO Infrastructure, and any existing transit systems, highway systems, bus routes railway systems, Transit Systems, railway networks and any other Ontario or City of Toronto Ottawa road or roadway.
(b) Project DB Co acknowledges and agrees that,
(i) Project DB Co has familiarized itself with all operations and activities associated with the Lands, the Existing Infrastructure, Infrastructure and the existing transit systems, highway systems and highway railway systems, including the Existing Confederation Line, to the extent pertinent to or affected by the Works, and will perform the Works in accordance with, and subject to,
(A) this Project Agreement, including all rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(B) the Traffic and Transit Management Plan and the Construction Access Management Plan; and
(BC) the requirements of Contracting Authority the City and other third partiesthe MTO, in order to maintain normal operations and activities associated with the Lands, the Existing Infrastructure and the existing transit systems, highway systems and highway railway systems, including the Existing Confederation Line;
(ii) the carrying on of Contracting Authority the City Activities during construction is a priority for Contracting Authoritythe City, and Project DB Co has reviewed the Project Documents with respect to this;; and
(iii) Project DB Co shall use all methods required to comply with the instructions set out in this Project Agreement during the performance of the Works, Project DB Co shall fully cooperate with Contracting Authority the City in complying with such instructions during the performance of the Works, and any . Any costs incurred by Project DB Co in complying with said instructions shall be part of the Guaranteed Price; and
(iv) the , except in circumstances where DB Co is otherwise entitled to additional compensation in accordance with this Project Agreement includes specifications which include instructions respecting Contracting Authority’s use of the Existing Infrastructure, Project Co has read and understood such instructions and shall comply with the procedures set out therein, and Project Co shall be responsible for any costs and expenses resulting in its failure to comply with these proceduresAgreement.
(c) Except as explicitly permitted by Contracting Authority the City or this Project Agreement, and subject to Project DB Co’s compliance with all applicable Permits, Licences, Approvals and Agreements,
(i) Project DB Co shall minimize disturbance to and interference with,
(A) the existing transit systems, highway systems, railway systems, and the Existing Infrastructure and Stage 1 Connection Infrastructure in accordance with this Project Agreement, including with respect to noise, dust control, access to the Lands and the particular requirements in respect of those portions of the Works which are to be carried out within the Existing Infrastructure or Stage 1 Connection Infrastructure and in respect of those portions of the Works where connections are being made to the Existing Infrastructure or Stage 1 Connection Infrastructure;
(B) the construction, operations or maintenance activities of Contracting Authority, any Province Personthe City, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, MTO, RTG and RTG Parties in accordance with the Interface Agreement (and subject to any Municipalityspecific coordination arrangements agreed therein), any Transit SystemSystem and any railway system, and with respect to any road or roadway, including the performance of the Governmental Activities Activities, RTG Works and the Other Works; and;
(C) the convenience of the public in respect of, and the access of the public to and use of, any public or private roads or highways or other transportation infrastructure including the Existing Infrastructure (other than the New Metrolinx City Infrastructure and the New Third Party MTO Infrastructure), whether under the control or in the possession of Contracting Authority the City or any other person, and Project DB Co shall minimize any lane or ramp closures or diversions, track closures or diversions and traffic diversions or restrictions.
(d) To the extent that the Project necessitates interference, in any way, with the operation of the existing transit systems, existing highway systems, existing railway systems or Existing Infrastructure, including the imposition of any closures or detours on the existing highway systems, railway systems or Existing Infrastructure, Project DB Co shall use commercially reasonable efforts to cooperate with Contracting Authority, Province Personsthe City, Governmental Authorities, Other Contractors, Railway Companies, Utility Companies, MTO, RTG and RTG Parties in accordance with the MunicipalitiesInterface Agreement (and subject to any specific requirements therein), and Transit Systems Systems, railway systems and other relevant third parties to ensure the continued operation of the existing transit systems, highway systems, rail systems and Existing Infrastructure.
(e) Project DB Co shall develop and implement protocols in furtherance of its obligations as set out in this Section 11.21 11.19 in accordance with the Traffic and Transit Management Plan, the Construction Access Management Plan and the Output Specifications.
Appears in 1 contract
Samples: Project Agreement
Coordination and Minimization of Disruption and Interference. (a) Project Co shall perform the Works so as to coordinate with,
(i) the operations of, and the performance of any services by, Contracting Authority, any Province PersonsPerson, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, MTOany Municipality, any Municipality and any Municipal Transit System, including the performance of the Governmental Activities and the Other Works; and
(ii) the construction of the interface, connection or inter-connection between the New Metrolinx Infrastructure, the New Third Party Infrastructure, and any existing transit systems, highway rail systems, including Municipal Transit Systems, rail networks, bus routes routes, and any other Ontario or City of Toronto road or roadway.
(b) Project Co acknowledges and agrees that,
(i) Project Co has familiarized itself with all operations and activities associated with the Lands, the Existing Infrastructure, the existing transit systems and highway the rail systems, and will perform the Works in accordance with, and subject to,
(A) this Project Agreement, including all rules, requirements and restrictions relating to access, rail safety and operations and track protection, all as set out in Schedule 15 – Output Specifications;
(B) the Traffic and Transit Access Management Plan; and
(BC) the requirements of Contracting Authority and other third parties, in order to maintain normal operations and activities associated with the Lands, the Existing Infrastructure and Infrastructure, the existing transit systems and highway the rail systems;
(ii) the carrying on of Contracting Authority Activities during construction is a priority for Contracting Authority, and Project Co has reviewed the Project Documents with respect to this;
(iii) Project Co shall use all methods required to comply with the instructions set out in this Project Agreement during the performance of the Works, Project Co shall fully cooperate with Contracting Authority in complying with such instructions during the performance of the Works, and any costs incurred by Project Co in complying with said instructions shall be part of the Guaranteed Price; and
(iv) the Project Agreement includes specifications which include instructions respecting Contracting Authority’s use of the Existing Infrastructure, Project Co has read and understood such instructions and shall comply with the procedures set out therein, and Project Co shall be responsible for any costs and expenses resulting in its failure to comply with these procedures.
(c) Except as explicitly permitted by Contracting Authority or this Project Agreement, and subject to Project Co’s compliance with all applicable Permits, Licences, Approvals and Agreements,
(i) Project Co shall minimize disturbance to and interference with,
(A) the existing transit systems, highway systems, and the Existing Infrastructure and the rail systems in accordance with this Project Agreement, including with respect to noise, dust control, access to the Lands and the particular requirements in respect of those portions of the Works which are to be carried out within the Existing Infrastructure and in respect of those portions of the Works where connections are being made to the Existing Infrastructure;
(B) the construction, operations or maintenance activities of Contracting Authority, any Province Person, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, MTO, any Municipality, any Municipal Transit System, and with respect to any road or roadway, including the performance of the Governmental Activities and the Other Works; and;
(C) the convenience of the public in respect of, and the access of the public to and use of, any public or private roads or highways or other transportation infrastructure including the Existing Infrastructure (other than the New Metrolinx Infrastructure and the New Third Party Infrastructure), whether under the control or in the possession of Contracting Authority or any other person, and Project Co shall minimize any lane or ramp closures or diversions, track closures or diversions diversions, and traffic diversions or restrictions.
(d) To the extent that the Project necessitates interference, in any way, with the operation of the existing transit systems, existing highway systems, systems or Existing Infrastructure, including the imposition of any closures or detours on the existing highway transit systems or Existing Infrastructure, Project Co shall use commercially reasonable efforts to cooperate with Contracting Authority, Province Persons, Governmental Authorities, Other Contractors, Railway Companies, Utility Companies, MTO, the Municipalities, and Municipal Transit Systems Systems, and other relevant third parties to ensure the continued operation of the existing transit systems, highway Existing Infrastructure and the rail systems, and Existing Infrastructure.
(e) Project Co shall develop and implement protocols in furtherance of its obligations as set out in this Section 11.21 11.19 in accordance with the Traffic and Transit Access Management Plan and the Output Specifications.
Appears in 1 contract
Samples: Project Agreement
Coordination and Minimization of Disruption and Interference. (a) Project Co shall perform the Works so as to coordinate with,
(i) the operations of, and the performance of any services by, Contracting Authority, any Province PersonsPerson, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, the City of Toronto, MTO, any Municipality Transit System and any Transit Systemrailway system, including the performance of the Governmental Activities and the Other Works; and
(ii) the construction of the interface, connection or inter-connection between the New Metrolinx Infrastructure, the New Third Party Infrastructure, and any existing transit systems, highway systems, bus routes railway systems, Transit Systems, railway networks and any other Ontario or City of Toronto road or roadway.
(b) Project Co acknowledges and agrees that,
(i) Project Co has familiarized itself with all operations and activities associated with the Lands, the Existing Infrastructure, Infrastructure and the existing transit systems, highway systems and highway railway systems, and will perform the Works in accordance with, and subject to,
(A) this Project Agreement, including all rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(B) the Traffic Management Plan and Transit the Construction Access Management Plan; and
(BC) the requirements of Contracting Authority and other third parties, in order to maintain normal operations and activities associated with the Lands, the Existing Infrastructure and the existing transit systems, highway systems and highway railway systems;
(ii) the carrying on of Contracting Authority Activities during construction is a priority for Contracting Authority, and Project Co has reviewed the Project Documents with respect to this;
(iii) . Project Co shall use all methods required to comply with the instructions set out in this Project Agreement during the performance of the Works, Project Co shall fully cooperate with Contracting Authority in complying with such instructions during the performance of the Works, and any costs incurred by Project Co in complying with said instructions shall be part of the Guaranteed Price; and
(iviii) the Project Agreement includes specifications which include instructions respecting Contracting Authority’s use of the Existing Infrastructure, Project Co has read and understood such instructions and shall comply with the procedures set out therein, and Project Co shall be responsible for any costs and expenses resulting in its failure to comply with these procedures.
(c) Except as explicitly permitted by Contracting Authority or this Project Agreement, and subject to Project Co’s compliance with all applicable Permits, Licences, Approvals and Agreements,
(i) Project Co shall minimize disturbance to and interference with,
(A) the existing transit systems, highway systems, railway systems and the Existing Infrastructure in accordance with this Project Agreement, including with respect to noise, dust control, access to the Lands and the particular requirements in respect of those portions of the Works which are to be carried out within the Existing Infrastructure and in respect of those portions of the Works where connections are being made to the Existing Infrastructure;
(B) the construction, operations or maintenance activities of Contracting Authority, any Province Person, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, MTO, any Municipalitythe City of Toronto, any Transit System, and any railway system, and with respect to any road or roadway, including the performance of the Governmental Activities and the Other Works; and;
(C) the convenience of the public in respect of, and the access of the public to and use of, any public or private roads or highways or other transportation infrastructure including the Existing Infrastructure (other than the New Metrolinx Infrastructure and the New Third Party Infrastructure), whether under the control or in the possession of Contracting Authority or any other person, and Project Co shall minimize any lane or ramp closures or diversions, track closures or diversions and traffic diversions or restrictions.
(d) To the extent that the Project necessitates interference, in any way, with the operation of the existing transit systems, existing highway systems, existing railway systems or Existing Infrastructure, including the imposition of any closures or detours on the existing highway systems, railway systems or Existing Infrastructure, Project Co shall use commercially reasonable efforts to cooperate with Contracting Authority, Province Persons, Governmental Authorities, Other Contractors, Railway Companies, Utility Companies, MTO, the MunicipalitiesCity of Toronto, and Transit Systems Systems, railway systems and other relevant third parties to ensure the continued operation of the existing transit systems, highway systems, railway systems and Existing Infrastructure.
(e) Project Co shall develop and implement protocols in furtherance of its obligations as set out in this Section 11.21 11.19 in accordance with the Traffic and Transit Management Plan, the Construction Access Management Plan and the Output Specifications.
Appears in 1 contract
Samples: Project Agreement
Coordination and Minimization of Disruption and Interference. (a) Project Co shall perform the Works so as to coordinate with,
(i) , the operations of, and the performance of any services by, Contracting Authority, any Province PersonsPerson, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, MTOany Municipality, any Municipality and any Municipal Transit System, including the performance of the Governmental Activities and the Other Works; and
(ii) and the construction of the interface, connection or inter-connection between the New Metrolinx Infrastructure, the New Third Party Infrastructure, and any existing transit systems, highway rail systems, including Municipal Transit Systems, rail networks, bus routes routes, and any other Ontario or City of Toronto road or roadway.
(b) Project Co acknowledges and agrees that,
(i) , Project Co has familiarized itself with all operations and activities associated with the Lands, the Existing Infrastructure, the existing transit systems and highway the rail systems, and will perform the Works in accordance with, and subject to,
(A) this Project Agreement, including all rules, requirements and restrictions relating to access, rail safety and operations and track protection, all as set out in Schedule 15 – Output Specifications and Schedule 34 – Rail Corridor Access and Flagging;
(B) the Traffic and Transit Access Management Plan; and
(BC) the requirements of Contracting Authority and other third parties, in order to maintain normal operations and activities associated with the Lands, the Existing Infrastructure and Infrastructure, the existing transit systems and highway the rail systems;
(ii) ; the carrying on of Contracting Authority Activities during construction is a priority for Contracting Authority, and Project Co has reviewed the Project Documents with respect to this;
(iii) ; Project Co shall use all methods required to comply with the instructions set out in this Project Agreement during the performance of the Works, Project Co shall fully cooperate with Contracting Authority in complying with such instructions during the performance of the Works, and any costs incurred by Project Co in complying with said instructions shall be part of the Guaranteed Price; and
(iv) and the Project Agreement includes specifications which include instructions respecting Contracting Authority’s use of the Existing Infrastructure, Project Co has read and understood such instructions and shall comply with the procedures set out therein, and Project Co shall be responsible for any costs and expenses resulting in its failure to comply with these procedures.
(c) Except as explicitly permitted by Contracting Authority or this Project Agreement, and subject to Project Co’s compliance with all applicable Permits, Licences, Approvals and Agreements,
(i) , Project Co shall minimize disturbance to and interference with,
(A) the existing transit systems, highway systems, and the Existing Infrastructure and the rail systems in accordance with this Project Agreement, including with respect to noise, dust control, access to the Lands and the particular requirements in respect of those portions of the Works which are to be carried out within the Existing Infrastructure and in respect of those portions of the Works where connections are being made to the Existing Infrastructure;
(B) the construction, operations or maintenance activities of Contracting Authority, any Province Person, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, MTO, any Municipality, any Municipal Transit System, and with respect to any road or roadway, including the performance of the Governmental Activities and the Other Works; and;
(C) the convenience of the public in respect of, and the access of the public to and use of, any public or private roads or highways or other transportation infrastructure including the Existing Infrastructure (other than the New Metrolinx Infrastructure and the New Third Party Infrastructure), whether under the control or in the possession of Contracting Authority or any other person, and Project Co shall minimize any lane or ramp closures or diversions, track closures or diversions diversions, and traffic diversions or restrictions.
(d) To the extent that the Project necessitates interference, in any way, with the operation of the existing transit systems, existing highway systems, systems or Existing Infrastructure, including the imposition of any closures or detours on the existing highway transit systems or Existing Infrastructure, Project Co shall use commercially reasonable efforts to cooperate with Contracting Authority, Province Persons, Governmental Authorities, Other Contractors, Railway Companies, Utility Companies, MTO, the Municipalities, and Municipal Transit Systems Systems, and other relevant third parties to ensure the continued operation of the existing transit systems, highway Existing Infrastructure and the rail systems, and Existing Infrastructure.
(e) Project Co shall develop and implement protocols in furtherance of its obligations as set out in this Section 11.21 11.19 in accordance with the Traffic and Transit Access Management Plan and the Output Specifications.
Appears in 1 contract
Samples: Project Agreement
Coordination and Minimization of Disruption and Interference. (a) Project Co shall perform the Works so as to coordinate with,
(i) the operations of, and the performance of any services by, Contracting Authority, any Province PersonsPerson, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, MTOany Municipality, any Municipality and any Municipal Transit System, including the performance of the Governmental Activities and the Other Works; and
(ii) the construction of the interface, connection or inter-connection between the New Metrolinx Infrastructure, the New Third Party Infrastructure, and any existing transit systems, highway rail systems, including Municipal Transit Systems, rail networks, bus routes routes, and any other Ontario or City of Toronto road or roadway.
(b) Project Co acknowledges and agrees that,
(i) Project Co has familiarized itself with all operations and activities associated with the Lands, the Existing Infrastructure, the existing transit systems and highway the rail systems, and will perform the Works in accordance with, and subject to,
(A) this Project Agreement, including all rules, requirements and restrictions relating to access, rail safety and operations and track protection, all as set out in Schedule 15 – Output Specifications and Schedule 34 – Rail Corridor Access and Flagging;
(B) the Traffic and Transit Access Management Plan; and
(BC) the requirements of Contracting Authority and other third parties, in order to maintain normal operations and activities associated with the Lands, the Existing Infrastructure and Infrastructure, the existing transit systems and highway the rail systems;
(ii) the carrying on of Contracting Authority Activities during construction is a priority for Contracting Authority, and Project Co has reviewed the Project Documents with respect to this;
(iii) Project Co shall use all methods required to comply with the instructions set out in this Project Agreement during the performance of the Works, Project Co shall fully cooperate with Contracting Authority in complying with such instructions during the performance of the Works, and any costs incurred by Project Co in complying with said instructions shall be part of the Guaranteed Price; and
(iv) the Project Agreement includes specifications which include instructions respecting Contracting Authority’s use of the Existing Infrastructure, Project Co has read and understood such instructions and shall comply with the procedures set out therein, and Project Co shall be responsible for any costs and expenses resulting in its failure to comply with these procedures.
(c) Except as explicitly permitted by Contracting Authority or this Project Agreement, and subject to Project Co’s compliance with all applicable Permits, Licences, Approvals and Agreements,
(i) Project Co shall minimize disturbance to and interference with,
(A) the existing transit systems, highway systems, and the Existing Infrastructure and the rail systems in accordance with this Project Agreement, including with respect to noise, dust control, access to the Lands and the particular requirements in respect of those portions of the Works which are to be carried out within the Existing Infrastructure and in respect of those portions of the Works where connections are being made to the Existing Infrastructure;
(B) the construction, operations or maintenance activities of Contracting Authority, any Province Person, any Governmental Authority, any Other Contractor, any Railway Company, any Utility Company, MTO, any Municipality, any Municipal Transit System, and with respect to any road or roadway, including the performance of the Governmental Activities and the Other Works; and
(C) the convenience of the public in respect of, and the access of the public to and use of, any public or private roads or highways or other transportation infrastructure including the Existing Infrastructure (other than the New Metrolinx Infrastructure and the New Third Party Infrastructure), whether under the control or in the possession of Contracting Authority or any other person, and Project Co shall minimize any lane or ramp closures or diversions, track closures or diversions diversions, and traffic diversions or restrictions.
(d) To the extent that the Project necessitates interference, in any way, with the operation of the existing transit systems, existing highway systems, systems or Existing Infrastructure, including the imposition of any closures or detours on the existing highway transit systems or Existing Infrastructure, Project Co shall use commercially reasonable efforts to cooperate with Contracting Authority, Province Persons, Governmental Authorities, Other Contractors, Railway Companies, Utility Companies, MTO, the Municipalities, and Municipal Transit Systems Systems, and other relevant third parties to ensure the continued operation of the existing transit systems, highway Existing Infrastructure and the rail systems, and Existing Infrastructure.
(e) Project Co shall develop and implement protocols in furtherance of its obligations as set out in this Section 11.21 11.19 in accordance with the Traffic and Transit Access Management Plan and the Output Specifications.
Appears in 1 contract
Samples: Project Agreement
Coordination and Minimization of Disruption and Interference. (a) Project Co shall perform the Works so as to coordinate with,
(i) the operations of, and the performance of any services by, Contracting Authority, any Province PersonsPerson, any Governmental Authority, any Other Contractor, any Utility Company, MTO, any Municipality and any Transit SystemMunicipality, including the performance of the Governmental Contracting Authority Activities and the Other Works; and;
(ii) the construction of the interface, connection or inter-connection between the New Metrolinx Expansion Infrastructure and the Existing Expansion Infrastructure, ; and
(iii) the New performance of the Third Party Infrastructure, and any existing transit systems, highway systems, bus routes and any other Ontario or City of Toronto road or roadwayWorks.
(b) Project Co acknowledges and agrees that,
(i) Project Co has familiarized itself with all operations and activities associated with the Lands, Lands and the Existing Expansion Infrastructure, the existing transit systems and highway systems, and will perform the Works in accordance with, and subject to,
(A) the Traffic this Project Agreement, including all rules, requirements and Transit Management Planrestrictions relating to access as set out in Schedule 15 – Output Specifications; and
(B) the requirements of Contracting Authority and other third parties, in order to maintain normal operations and activities associated with the Lands, Lands and the Existing Infrastructure and the existing transit systems and highway systemsExpansion Infrastructure;
(ii) the carrying on of Contracting Authority Activities during construction is a priority for Contracting Authority, and Project Co has reviewed the Project Documents with respect to this;
(iii) Project Co shall use all methods required to comply with the instructions set out in this Project Agreement during the performance of the Works, Project Co shall fully cooperate with Contracting Authority in complying with such instructions during the performance of the Works, and any costs incurred by Project Co in complying with said instructions shall be part of the Guaranteed Price; and
(iv) the Project Agreement includes specifications which include instructions respecting Contracting Authority’s use of the Existing Expansion Infrastructure, Project Co has read and understood such instructions and shall comply with the procedures set out therein, and Project Co shall be responsible for any costs and expenses resulting in its failure to comply with these procedures.
(c) Except as explicitly permitted by Contracting Authority or this Project Agreement, and subject to Project Co’s compliance with all applicable Permits, Licences, Approvals and Agreements,
(i) Project Co shall minimize disturbance to and interference with,
(A) the existing transit systems, highway systems, and the Existing Expansion Infrastructure in accordance with this Project Agreement, including with respect to noise, dust control, access to the Lands and the particular requirements in respect of those portions of the Works which are to be carried out within the Existing Expansion Infrastructure and in respect of those portions of the Works where connections are being made to the Existing Expansion Infrastructure;
(B) the construction, operations or maintenance activities of Contracting Authority, any Province Person, any Governmental Authority, any Other Contractor, any Utility Company, MTO, any Municipality, any Transit System, and with respect to any road or roadway, including the performance of the Governmental Contracting Authority Activities and the Other Works; and;
(C) the convenience of the public in respect of, and the access of the public to and use of, any public or private roads or highways or other transportation infrastructure including the Existing Infrastructure (other than the New Metrolinx Infrastructure and the New Third Party Expansion Infrastructure), whether under the control or in the possession of Contracting Authority or any other person, and Project Co shall minimize any lane or ramp closures or diversions, track closures or diversions and traffic diversions or restrictions.
(d) To the extent that the Project necessitates interference, in any way, with the operation of the existing transit systems, existing highway systems, or Existing Expansion Infrastructure, including the imposition of any closures or detours on the existing highway systems or Existing Expansion Infrastructure, Project Co shall use commercially reasonable efforts to cooperate with Contracting Authority, Province Persons, Governmental Authorities, Other Contractors, Utility Companies, MTO, the Municipalities, and Transit Systems and other relevant third parties to ensure the continued operation of the existing transit systems, highway systems, and Existing Expansion Infrastructure.
(e) Project Co shall develop and implement protocols in furtherance of its obligations as set out in this Section 11.21 11.18 in accordance with the Traffic and Transit Access Management Plan and the Output Specifications.
(f) In the event that at any time it is reasonably expected by the Parties that there will be coordination issues with the Hurontario Project that will materially affect the performance of the Works and/or the performance of the Hurontario Works such coordination issues shall, subject to and in accordance with Schedule 22 - Variation Procedure, be addressed by way of a Variation.
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Samples: Project Agreement