Design and Construction Requirements. Developer shall reimburse District for costs to correct any damages to facilities related to the construction of the Development caused by the Developer or any authorized representative (developer’s contractor). This reimbursement obligation is limited to the warranty period described in paragraph 15 Warranties. Developer shall remit to District prior to the conveyance of the facilities to the District, payment of all costs due and unpaid under this Agreement over and above deposits previously paid to the District. If there are surplus deposit funds or any refunds due Developer, then District shall return to Developer the amount of such surplus or refunds upon acceptance by the District of all facilities required to be constructed under this Agreement.
Design and Construction Requirements. All design, permitting, and construction for the Required Roadway Improvements shall be in accordance with the standards promulgated by the FDOT in accordance with Section 336.045, F.S., and the COUNTY as appropriate, and construction plans shall comply with FDOT's Plans Preparation Manual or COUNTY standards as appropriate, and shall include, but not be limited to, cross sections, drainage, and plan/profile sheets. Plan/profile sheets and cross section drawings shall indicate the location(s) of drainage inlets and roadway facilities. Except as otherwise provided in this DA, any Required Roadway Improvement related wetland and floodplain impacts and compensation shall be included in the design and indicated on the plans.
Design and Construction Requirements. 2.1 The facilities shall be designed, constructed and be operable in strict accordance with the District's requirements, which shall be a condition of the District's acceptance of the system facilities under this Agreement. The District’s requirements include, but are not limited to the following:
2.1.1 Developer shall design and construct the facilities in strict accordance with the District's most recent Procedures and Standards in effect at the time of construction, (contained in updated Procedures) and any other applicable State Regulatory Agency requirements, whichever are most stringent. Any conflict in Development requirements shall be addressed during the plan review process or at such other times as any such conflict is discovered. A licensed civil engineer registered in the State of California shall prepare all plans and specifications for the Developer.
2.1.2 The Developer shall comply with the District’s most recent Procedures and the District’s most recent Standards in effect at the time of construction when submitting project plans and specifications to the District for review and consideration for approval. District’s review shall commence after the District determines compliance with District's Procedures regarding the submittals and any other applicable State Regulatory Agency requirements, whichever are most stringent. District review of the Development’s plans and specifications shall commence after receipt of the initial deposit (see Paragraph 2.1.7). District may approve plans concurrent with the City’s approval.
2.1.3 The Developer shall comply with most recent District Code in effect at the time of construction including, but not limited to, section 4.28 Recycled Water. More specifically, section 4.28.010 Applicability states that “[T]his chapter applies to publicly owned properties, to commercial, industrial and business properties, and to other such properties as may be specified from time to time by Marina Coast Water District … “
Design and Construction Requirements. All design, permitting, and construction for the Roadway Improvements which are designated as County roads shall be in accordance with the standards of the County, and all design, permitting, and construction for the Roadway Improvements which are designated as State roads shall be in accordance with the standards of the State and the County to the extent consistent, and in accordance with State standards to the extent of any conflict. Construction plans shall comply with the applicable County and FDOT standards and shall include but not be limited to cross-sections, drainage, and plan/profile sheets. Plan/profile sheets and cross section drawings shall indicate location(s) of drainage inlets and roadway facilities. All wetland and flood plain impacts and compensation shall be included in the design and indicated on the plans. For purposes of the Agreement, the term “complete” or “complete construction” of any roadway shall mean that the roadway has been accepted by the County or FDOT for maintenance, and any required maintenance guarantee has been delivered to the County or FDOT.
Design and Construction Requirements. The design and construction of all Off-Site and On-Site Utilities shall, at a minimum, comply with the requirements established by the River Authority, the municipal and county authorities in whose jurisdiction the Tract is located, the State of Texas, and any agency thereof with jurisdiction, including but not limited to the TCEQ and the Texas Department of Health. Off-Site and On-Site Facilities shall be constructed under the inspection of River Authority. Provision of the Services to the Tract shall not commence until the Manager has accepted and approved Off-Site and On-Site Facilities in writing.
Design and Construction Requirements. 2.1 The Facilities shall be designed, constructed and be operable in strict accordance with the District's requirements, which shall be a condition of the District's acceptance of the system facilities under this Agreement. The District’s requirements include, but are not limited to the following:
2.1.1 Developer shall design and construct the Facilities in strict accordance with the District's most recent Procedures and Standards in effect at the time of the commencement of construction of the Facilities, (contained in updated Procedures) and any other applicable State Regulatory Agency requirements, whichever are most stringent. Any conflict in Development requirements shall be addressed during the plan review process or at such other times as any such conflict is discovered. A licensed civil engineer registered in the State of California shall prepare all plans and specifications for the Developer.
2.1.2 The Developer shall comply with the District’s most recent Procedures and the District’s most recent Standards in effect at the time of commencement of construction when submitting project plans and specifications to the District for review and consideration for approval. District’s review shall commence after the District determines compliance with District's Procedures regarding the submittals and any other applicable State Regulatory Agency requirements, whichever are most stringent. District review of the Development’s plans and specifications shall commence after receipt of the initial deposit (see Paragraph 2.1.7). District may approve plans concurrent with the City’s approval.
2.1.3 The Developer shall comply with most recent District Code in effect at the time of construction including, but not limited to, section 4.28 Recycled Water. More specifically, section 4.28.010 Applicability states that “[T]his chapter applies to publicly owned properties, to commercial, industrial and business properties, and to other such properties as may be specified from time to time by Marina Coast Water District … “
Design and Construction Requirements. The Design and Construction Requirements are intended to include the basic design principles, concepts and requirements for the Design-Build Work but do not include the final, detailed design, plans or specifications or indicate or describe each and every item required for full performance of the physical Design- Build Work or for achieving Acceptance. The Design-Builder agrees to prepare all necessary and required, complete and detailed designs, plans, drawings and specifications and to furnish and perform all Design-Build Work in conformity with the Design and Construction Requirements and the final designs, plans, drawings and specifications based thereon. The Design-Builder further agrees that it shall not have the right to bring any claim whatsoever against the Owner or any of its consultants or subcontractors, arising out of any design drawings, specifications or Design and Construction Requirements made available during the procurement process.
Design and Construction Requirements. 999.3.01 Design
Design and Construction Requirements. The design and construction of all Off-Site and On-Site utility infrastructure shall, at a minimum, comply with the requirements established by SAWS, including the USR, the City of San Antonio, the County of Bexar, the State of Texas, and any agency thereof with jurisdiction, including but not limited to the Texas Commission on Environmental Quality and the Texas Department of Health. Off-Site and On-Site utility infrastructure shall be constructed under the inspection of SAWS. Provision of the Services to the Tract shall not commence until the Director has accepted and approved Off-Site and On-Site utility infrastructure in writing.
Design and Construction Requirements. Notwithstanding any other provision of this Agreement, Project Co’s obligation to conduct the Design and Construction of the Infrastructure in accordance with the Design and Construction Requirements is absolute, and cannot be modified or waived except by amendment of the Design and Construction Requirements made in accordance with Section 6 [Modifications and Change Orders], Schedule 13 [Changes] or as otherwise expressly permitted in accordance with this Agreement. If Project Co asserts that any aspect of the Design and Construction Requirements is uncertain or ambiguous, either Party may require that the interpretation of that aspect of the Design and Construction Requirements be determined by the Dispute Resolution Procedure if they are not able to resolve the matter through their respective Representatives.
