Development of Design. (a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1. (b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement. (c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation. (d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following: (i) design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental and landscape design information sufficient to allow for the development of working drawings, submitted at: (A) 50% completion (the “Pre-final Design Development Submittals”); and (B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”); (ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental and landscape design information in accordance with the requirements of this Project Agreement, submitted at: (A) 100% completion (the “Construction Document Submittals”); (iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as applicable); and (iv) all other documentation required pursuant to Schedule 10 – Review Procedure. (e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d). (f) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the following additional information: (i) identification of the stage of design or construction to which the documentation relates; (ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure; (iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submission; and (iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement. (g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably. (h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement. (i) Neither Contracting Authority nor any Contracting Authority Party will have any liability: (i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or (ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co. (j) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement. (k) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority SMH Design Team) for each of the following:following:
(i) 50%, 75% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% and 100% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(ed) Project Co shall submit to the Contracting Authority SMH Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d11.1(c).
(fe) The Design Data and other items listed in Section 11.1(d11.1(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority SMH Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority SMH wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless SMH otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteSite and/or the Existing Facilities, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority Subject to Section 11.4, neither SMH nor any Contracting Authority SMH Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting AuthoritySMH, the Contracting Authority SMH Representative or the Contracting Authority SMH Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority SMH will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthoritySMH, such review shall not not, except as provided in Section 11.4, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority SMH Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority SMH Representative as soon as practicable following receipt of a written request from the Contracting Authority SMH Representative.
(i) Specifically, Project Co will cooperate with SMH and the SMH Design Team and will cause the Construction Contractor to cooperate with SMH and in particular the Construction Contractor ‘s design and engineering consultants to:
(A) create as requested by SMH or SMH Representative; and/or
(B) provide to and allow the SMH Design Team to make use of; any items of Design Data and any other documents that may be required in the submission of any such items to any Governmental Authority for the purposes of obtaining any Permits, Licences, Approvals and Agreements in particular for the achievement of notice of approval conditions and site plan approvals required to be obtained by SMH in respect of the New Shuter Wing.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and SMH may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – - Review Procedure and this Section 11.118.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamSJHC Representative) for each of the following:following:
(i) staged 50% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – - Review Procedure.
(ed) Project Co shall submit to the Contracting Authority SJHC Representative for review in accordance with Schedule 10 – - Review Procedure all Design Data and other items listed in Section 11.1(d18.3(c).
(fe) The Design Data and other items listed in Section 11.1(d18.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority SJHC Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority SJHC wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxLondon, Xxxxxx, Xxxxxxx, except where Ontario unless SJHC otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – - Review Procedure and it is subsequently determined in accordance with Schedule 10 – - Review Procedure or Schedule 27 – - Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteSites, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority Subject to Section 18.6, neither SJHC nor any Contracting Authority SJHC Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative SJHC or the Contracting Authority Design Team SJHC Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority SJHC will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthoritySJHC, such review shall not not, except as provided in Section 18.6, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamSJHC Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority SJHC Representative as soon as practicable following receipt of a written request from the Contracting Authority SJHC Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the SJHC Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – - Review Procedure and this Section 11.118.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamWCH Representative) for each of the following:following:
(i) staged 50% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Licence and Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – - Review Procedure.
(ed) Project Co shall submit to the Contracting Authority WCH Representative for review in accordance with Schedule 10 – - Review Procedure all Design Data and other items listed in Section 11.1(d18.3(c).
(fe) The Design Data and other items listed in Section 11.1(d18.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority WCH Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority WCH wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless WCH otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – - Review Procedure and it is subsequently determined in accordance with Schedule 10 – - Review Procedure or Schedule 27 – - Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority Subject to Section 18.6, neither WCH nor any Contracting Authority WCH Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative WCH or the Contracting Authority Design Team WCH Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority WCH will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthorityWCH, such review shall not not, except as provided in Section 18.6, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamWCH Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority WCH Representative as soon as practicable following receipt of a written request from the Contracting Authority WCH Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the WCH Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – - Review Procedure and this Section 11.118.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamHRRH Representative) for each of the following:following:
(i) staged 50% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Licence and Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – - Review Procedure.
(ed) Project Co shall submit to the Contracting Authority HRRH Representative for review in accordance with Schedule 10 – - Review Procedure all Design Data and other items listed in Section 11.1(d18.3(c).
(fe) The Design Data and other items listed in Section 11.1(d18.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority HRRH Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority HRRH wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless HRRH otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – - Review Procedure and it is subsequently determined in accordance with Schedule 10 – - Review Procedure or Schedule 27 – - Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority Subject to Section 18.6, neither HRRH nor any Contracting Authority HRRH Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative HRRH or the Contracting Authority Design Team HRRH Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority HRRH will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthorityHRRH, such review shall not not, except as provided in Section 18.6, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamHRRH Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority HRRH Representative as soon as practicable following receipt of a written request from the Contracting Authority HRRH Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the HRRH Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion New Metrolinx Infrastructure and the New Third Party Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion New Metrolinx Infrastructure and New Third Party Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - – Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion New Metrolinx Infrastructure or New Third Party Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - – Variation Procedure, result in a Variation.
(c) The further development of the design of the New Metrolinx Infrastructure and New Third Party Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(d) The Parties agree that Appendix Appendices A and B to Schedule 10 – Review Procedure is an are initial list lists of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:include:
(i) design development drawings, reports, schedules and specifications for the New Metrolinx Infrastructure and New Third Party Infrastructure, progressed from the date of this Project Agreement with extensive user group inputCommercial Close, showing all architectural, engineering, environmental engineering and landscape non-engineering design information sufficient to allow for the development of working drawingsdrawing documentation (collectively, submitted at:
(A) 50% completion (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape non-engineering design information in accordance with the requirements of this Project AgreementAgreement (collectively, submitted at:
(A) 100% completion (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as applicable); and
(iviii) all other documentation required pursuant to Schedule 10 – Review Procedure.
(e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) The Design Data and other items listed in Section 11.1(d) must shall contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed review and comment on the design pursuant to Schedule 10 – Review Procedure;
(iiiii) for each stage of the design or construction documentationConstruction Document Submittals, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissionDesign Development Submittals; and
(iviii) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably.
(h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion New Metrolinx Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteNew Metrolinx Infrastructure and/or Lands, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(h) Project Co shall not commence or permit the commencement of construction of any part or parts of the New Third Party Infrastructure, unless Project Co has first obtained the written consent of the applicable third party to do so. If, after obtaining such written consent, Project Co commences or permits the commencement of construction of any part or parts of the New Third Party Infrastructure, prior to being entitled to proceed in accordance with Schedule 10 - Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk,
(i) obtain written consent from the applicable third party owner of the New Third Party Infrastructure to undo, remove from the New Third Party Infrastructure, and/or Lands, replace and restore, as applicable, any parts of the construction that do not comply with this Project Agreement; and
(ii) following the written consent contemplated in Section 11.1(h)(i), undo, remove from the New Third Party Infrastructure, and/or Lands, replace and restore, as applicable, any parts of the construction that do not comply with this Project Agreement.
(i) Neither Contracting Authority nor any Contracting Authority Party Province Person will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some any defect in any documents, drawings, specifications or certificates submitted by Project Co.
(j) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(k) Project Co shall allow the Contracting Authority Representative and the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative and/or Contracting Authority Design Team, as applicable, as soon as practicable following receipt of a written request from the Contracting Authority Representative.
(l) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and Contracting Authority may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure System and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – − Review Procedure and this Section 11.120.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion InfrastructureSystem, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - – Environmental Obligations) and the Contracting Authority City Representative and the Contracting Authority City Design Team in an interactive process. If the result of any consultation with Stakeholders Stakeholders, is a change to the scope, configuration or size of any Expansion New System Infrastructure or a change in the WorksConstruction Activities, or a change in the Maintenance Services, which change has been approved by the City in its Discretion, then such change shall, subject to and in accordance with Schedule 22 - – Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – − Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:City Representative):
(i) design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement Commercial Close with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawingsdrawing documentation, submitted at:
(A) 50at 60% completion (the “Pre-final Design Development Submittals”); and
(B) 90and at 100% completion (the “Final Design Development Submittals”)) of the development of the working drawings (collectively, (collectively the “Design Development Submittals”);Submittals”); Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 79 CAN: 26350049.2 BD-#30398459-v2
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
at 60% completion (Athe “Pre-final Construction Document Submittals”) and 100% completion (the “Final Construction Document Submittals”) of the construction drawings (collectively, the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as applicable); and
(iviii) all other documentation required pursuant to Schedule 10 – − Review Procedure.
(e) The Final Design Development Submittals and the final Construction Document Submittals shall each be accompanied by a Technical Appraisal Form.
(f) Project Co shall submit to the Contracting Authority City Representative for review in accordance with Schedule 10 – − Review Procedure all Design Data and other items listed in Section 11.1(dSections 20.3(c) and 20.3(e).
(fg) The Parties agree that, with respect to the Design Development Submittals and the Construction Document Submittals, the period for review shall be 15 Business Days rather than the 10 Business Days prescribed in Section 2.2 of Schedule 10 − Review Procedure.
(h) The Design Data and other items listed in Section 11.1(d20.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority City Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – − Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably.
(hi) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure System prior to being entitled to proceed in accordance with Schedule 10 – − Review Procedure and it is subsequently determined in accordance with Schedule 10 – − Review Procedure or Schedule 27 – − Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.. Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 80 CAN: 26350049.2 BD-#30398459-v2
(ij) Neither Contracting Authority the City nor any Contracting Authority City Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authoritythe City, the Contracting Authority City Representative or the Contracting Authority City Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some any defect in any documents, drawings, specifications or certificates submitted by Project Co.
(jk) Project Co and Contracting Authority the City will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authoritythe City, such review shall not constitute acceptance of the Design and Construction Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kl) Project Co shall allow the Contracting Authority City Representative and the City Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority City Representative and/or City Design Team, as applicable, as soon as practicable following receipt of a written request from the Contracting Authority City Representative.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – - Review Procedure and this Section 11.118.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamCAMH Representative) for each of the following:following:
(i) staged 50% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – - Review Procedure.
(ed) Project Co shall submit to the Contracting Authority CAMH Representative for review in accordance with Schedule 10 – - Review Procedure all Design Data and other items listed in Section 11.1(d18.3(c).
(fe) The Design Data and other items listed in Section 11.1(d18.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority CAMH Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority CAMH wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless CAMH otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – - Review Procedure and it is subsequently determined in accordance with Schedule 10 – - Review Procedure or Schedule 27 – - Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority Subject to Section 18.6, neither CAMH nor any Contracting Authority CAMH Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative CAMH or the Contracting Authority Design Team CAMH Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority CAMH will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthorityCAMH, such review shall not not, except as provided in Section 18.6, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamCAMH Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority CAMH Representative as soon as practicable following receipt of a written request from the Contracting Authority CAMH Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the CAMH Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion New Metrolinx Infrastructure and the New Third Party Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion New Metrolinx Infrastructure and New Third Party Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - – Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion New Metrolinx Infrastructure or New Third Party Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - – Variation Procedure, result in a Variation.
(c) The further development of the design of the new Metrolinx Infrastructure and New Third Party Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(d) The Parties agree that Appendix Appendices A and B to Schedule 10 – Review Procedure is an are initial list lists of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:following:
(i) design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:,
(A) 50% completion (the “Pre-final Design Development Submittals”)completion; and
(B) 90100% completion completion, (collectively, the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:,
(A) 60% completion;
(B) 80% completion; and
(C) 100% completion completion, (collectively, the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless Contracting Authority otherwise agreed by the Parties, acting reasonablyagrees in writing.
(h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion New Metrolinx Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteNew Metrolinx Infrastructure and/or Metrolinx Lands, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(i) Neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(j) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(k) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
(l) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and Contracting Authority may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion New Metrolinx Infrastructure and the New Third Party Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion New Metrolinx Infrastructure and New Third Party Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - – Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion New Metrolinx Infrastructure or New Third Party Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - – Variation Procedure, result in a Variation.
(c) The further development of the design of the New Metrolinx Infrastructure and New Third Party Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(d) The Parties agree that Appendix Appendices A and B to Schedule 10 – Review Procedure is an are initial list lists of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:include:
(i) design development drawings, reports, schedules and specifications for the New Metrolinx Infrastructure and New Third Party Infrastructure, progressed from the date of this Project Agreement with extensive user group inputCommercial Close, showing all architectural, engineering, environmental engineering and landscape non-engineering design information sufficient to allow for the development of working drawingsdrawing documentation (collectively, submitted at:
(A) 50% completion (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape non-engineering design information in accordance with the requirements of this Project AgreementAgreement (collectively, submitted at:
(A) 100% completion (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as applicable); and
(iviii) all other documentation required pursuant to Schedule 10 – Review Procedure.
(e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) The Design Data and other items listed in Section 11.1(d) must shall contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed review and comment on the design pursuant to Schedule 10 – Review Procedure;
(iiiii) for each stage of the design or construction documentationConstruction Document Submittals, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissionDesign Development Submittals; and
(iviii) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at comply with the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably.
(h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure prior requirements and MTO meeting requirements set out in Appendix B to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project AgreementProcedure.
(i) Neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(j) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(k) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – - Review Procedure and this Section 11.118.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamNHS Representative) for each of the following:following:
(i) staged 50% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final "Design Development Submittals”"); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “"Construction Document Submittals”");
(iii) Permit, Licence, Licence and Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – - Review Procedure.
(ed) Project Co shall submit to the Contracting Authority NHS Representative for review in accordance with Schedule 10 – - Review Procedure all Design Data and other items listed in Section 11.1(d18.3(c).
(fe) The Design Data and other items listed in Section 11.1(d18.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority NHS Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably.
(h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(i) Neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(j) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(k) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – - Review Procedure and this Section 11.118.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamMHCP Representative) for each of the following:following:
(i) staged [REDACTED]% and [REDACTED]% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) [REDACTED]% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – - Review Procedure.
(ed) Project Co shall submit to the Contracting Authority MHCP Representative for review in accordance with Schedule 10 – - Review Procedure all Design Data and other items listed in Section 11.1(d18.3(c).
(fe) The Design Data and other items listed in Section 11.1(d18.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority MHCP Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority MHCP wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxPenetanguishene, Xxxxxx, Xxxxxxx, except where Ontario unless MHCP otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – - Review Procedure and it is subsequently determined in accordance with Schedule 10 – - Review Procedure or Schedule 27 – - Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority Subject to Section 18.6, neither MHCP nor any Contracting Authority MHCP Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative MHCP or the Contracting Authority Design Team MHCP Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority MHCP will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthorityMHCP, such review shall not not, except as provided in Section 18.6, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamMHCP Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority MHCP Representative as soon as practicable following receipt of a written request from the Contracting Authority MHCP Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the MHCP Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure ARL Spur Line and ARL T1 Station and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – - Review Procedure and this Section 11.111.4.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamHMQ Representative) for each of the following:following:
(i) staged 50% and 100% design development documentation, being design development drawings, reports, schedules and specifications Output Specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) working 50% and 100% construction drawing documentation, being construction drawings, reports, schedules and specifications Output Specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – - Review Procedure.
(ed) Project Co shall submit to the Contracting Authority HMQ Representative for review in accordance with Schedule 10 – - Review Procedure all Design Data and other items listed in Section 11.1(d11.4(c).
(fe) The Design Data and other items listed in Section 11.1(d11.4(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents Output Specifications necessary to enable the Contracting Authority HMQ Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority HMQ wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless HMQ otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure ARL Spur Line and ARL T1 Station prior to being entitled to proceed in accordance with Schedule 10 – - Review Procedure and it is subsequently determined in accordance with Schedule 10 – - Review Procedure or Schedule 27 – - Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority Subject to Section 11.7, neither HMQ nor any Contracting Authority HMQ Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative HMQ or the Contracting Authority Design Team HMQ Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications Output Specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority HMQ will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthorityHMQ, such review shall not not, except as provided in Section 11.7, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamHMQ Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority HMQ Representative as soon as practicable following receipt of a written request from the Contracting Authority HMQ Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the HMQ Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure each Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:following:
(i) [REDACTED]% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);
(ii) [REDACTED]% and [REDACTED]% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);.
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(ed) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d11.1(c).
(fe) The Design Data and other items listed in Section 11.1(d11.1(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxOrillia, Xxxxxx, Xxxxxxx, except where Ontario unless Contracting Authority otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure a Facility prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteSites, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and Contracting Authority may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion New Metrolinx Infrastructure and the New Third Party Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion New Metrolinx Infrastructure and New Third Party Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - – Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion New Metrolinx Infrastructure or New Third Party Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - – Variation Procedure, result in a Variation.
(c) The further development of the design of the New Metrolinx Infrastructure and New Third Party Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(d) The Parties agree that Appendix Appendices A and B to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:following:
(i) design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental and landscape engineering design information sufficient to allow for the development of working drawings, submitted at:,
(A) 5030% completion (the “Pre-final Design Development Submittals”)completion; and
(B) 9060% completion completion; (collectively, the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental and landscape engineering design information in accordance with the requirements of this Project Agreement, submitted at:,
(A) 90% completion; and
(B) 100% completion (and issued for construction); and (collectively, the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) Project Co shall coordinate and hold MTO related design review meetings, and otherwise comply with the MTO design requirements set out in Appendix B to Schedule 10 – Review Procedure.
(h) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless Contracting Authority otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hi) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion New Metrolinx Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteNew Metrolinx Infrastructure and/or Lands, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ij) Neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(jk) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kl) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
(m) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and Contracting Authority may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project DB Co shall, at its own cost, develop and complete the design of the Expansion New City Infrastructure and the New MTO Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion New City Infrastructure and New MTO Infrastructure, Project DB Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - – Environmental Obligations) and ), the Contracting Authority City Representative and the Contracting Authority City Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion New City Infrastructure or New MTO Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - – Variation Procedure, result in a Variation.
(c) The further development of the design of the New City Infrastructure and New MTO Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement design and construction documentation (to a scale and format required by the Contracting Authority City Design Team) for each of the following:following:
(i) design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:,
(A) 50% completion (the “Pre-final Final Design Development Submittals”(PFDD); and
(B) 90% completion Final Design Development (FDD); (collectively, the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% upon completion thereof and as required in accordance with Schedule 10 – Review Procedure (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other reports, studies, plans and documentation required pursuant to Schedule 10 – Review ProcedureProcedure or otherwise identified in the Project Agreement.
(e) Project DB Co shall submit to the Contracting Authority City Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the information required pursuant to Article 3 of Schedule 10 – Review Procedure.
(g) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority City Representative to make an informed decision as to whether Project DB Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gh) All design review meetings held by Project DB Co pursuant to the Review Procedure which Contracting Authority the City wishes to attend shall be held in person at Ottawa, Ontario unless the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where City otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hi) If Project DB Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion New City Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project DB Co shall forthwith, at its own cost and risk, undo, remove from the SiteNew City Infrastructure and/or Lands, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ij) Neither Contracting Authority Subject to Sections 18.5 and 18.7, neither the City nor any Contracting Authority City Party will have any liability:
(i) if a document submitted by Project DB Co and reviewed by Contracting Authoritythe City, the Contracting Authority City Representative or the Contracting Authority City Design Team results in non-compliance with this Project Agreement by Project DB Co or a breach by Project DB Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project DB Co.
(jk) Project DB Co and Contracting Authority the City will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authoritythe City, such review shall not constitute acceptance of the Works, and Project DB Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kl) Project DB Co shall allow the Contracting Authority City Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority City Representative as soon as practicable following receipt of a written request from the Contracting Authority City Representative.
(m) DB Co shall cause the Construction Contractor to establish and maintain a computerized design database and a web based Review Procedure Activities Register, which DB Co and the City may access remotely by computer to:
(i) view drawings comprised within the Design Data;
(ii) electronically store and print copies of such Design Data; and
(iii) track the status of each Works Submittal, pursuant to Article 3 of Schedule 10 – Review Procedure.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facilities and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – - Review Procedure and this Section 11.118.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamIO Representative) for each of the following:following:
(i) staged 50% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% and 90% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) PermitPermits, LicenceLicences, Approval Approvals and Agreement Agreements drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – - Review Procedure.
(ed) Project Co shall submit to the Contracting Authority IO Representative for review in accordance with Schedule 10 – - Review Procedure all Design Data and other items listed in Section 11.1(d18.3(c).
(fe) The Design Data and other items listed in Section 11.1(d18.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority IO Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority IO wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonablyOrillia or such other location as IO may determine in its sole discretion.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facilities prior to being entitled to proceed in accordance with Schedule 10 – - Review Procedure and it is subsequently determined in accordance with Schedule 10 – - Review Procedure or Schedule 27 – - Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteSites, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority nor None of IO, any Contracting Authority IO Party or any Government Entity will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative IO or the Contracting Authority Design Team IO Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority IO will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthorityIO, such review shall not not, except as provided in Section 18.6, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamIO Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority IO Representative as soon as practicable following receipt of a written request from the Contracting Authority IO Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the IO Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:following:
(i) design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);Submittals”);
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) : 100% completion (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as applicable); and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submission; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless Contracting Authority otherwise agreed by the Parties, acting reasonablyagrees in writing.
(h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(i) Neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(j) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(k) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamHMQ Representative) for each of the following:following:
(i) 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as applicable)drawings; and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(ed) Project Co shall submit to the Contracting Authority HMQ Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d11.1(c).
(fe) The Design Data and other items listed in Section 11.1(d11.1(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority HMQ Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority HMQ wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless HMQ otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority nor Subject to Section 11.4, neither HMQ, any Contracting Authority Party HMQ Party, City, UofT or TO2015 will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative HMQ or the Contracting Authority Design Team HMQ Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications Output Specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority HMQ will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthorityHMQ, such review shall not not, except as provided in Section 11.4, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamHMQ Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority HMQ Representative as soon as practicable following receipt of a written request from the Contracting Authority HMQ Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the HMQ Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.118.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamOsler Representative) for each of the following:following:
(i) staged 50%, 75% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% and 75% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:;
(Aiii) 100% completion working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering and landscape design information in accordance with the requirements of this Project Agreement (collectively, with the documentation submitted pursuant to Section 18.3(c)(ii), the “Construction Document Submittals”);
(iiiiv) PermitPermits, LicenceLicences, Approval Approvals and Agreement Agreements drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(ivv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(ed) Project Co shall submit to the Contracting Authority Osler Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d18.3(c).
(fe) The Design Data and other items listed in Section 11.1(d18.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Osler Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority Xxxxx wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxEtobicoke, Xxxxxx, Xxxxxxx, except where Ontario unless Xxxxx otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority Subject to Section 18.6, neither Xxxxx nor any Contracting Authority Osler Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative Xxxxx or the Contracting Authority Design Team Osler Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority Osler will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthorityXxxxx, such review shall not not, except as provided in Section 18.6, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamOsler Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Osler Representative as soon as practicable following receipt of a written request from the Contracting Authority Osler Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database by which Project Co can upload design documents as required by IO. Project Co and Osler shall have access to such computerized design database remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion InfrastructureFacility and to achieve Design Acceptability, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative user groups, stakeholders and the Contracting Authority Design Team in an interactive process. If The development of the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change detailed design based on user group and stakeholder input shall in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in no way be considered a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:following:
(i) 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 100% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as applicable); and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) Project Co shall participate in design meetings every two weeks with the Contracting Authority Design Team and frequent consultations with user groups, including on an interim and ad hoc basis, and as needed, in order to fully achieve Design Acceptability.
(g) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative Design Team to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gh) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless Contracting Authority otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hi) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ij) Neither Contracting Authority nor any Contracting Authority Party Province Person will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(jk) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kl) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
(m) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and Contracting Authority may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority College Design Team) for each of the following:following:
(i) [REDACTED]% and [REDACTED]% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) [REDACTED]% and [REDACTED]% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(ed) Project Co shall submit to the Contracting Authority College Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d11.1(c).
(fe) The Design Data and other items listed in Section 11.1(d11.1(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority College Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority the College wishes to attend shall be held in person at The Township of King, Ontario unless the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where College otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteSite and/or the Existing Facilities, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority Subject to Section 11.4, neither the College nor any Contracting Authority College Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authoritythe College, the Contracting Authority College Representative or the Contracting Authority College Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority the College will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authoritythe College, such review shall not not, except as provided in Section 11.4, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority College Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority College Representative as soon as practicable following receipt of a written request from the Contracting Authority College Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the College Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:
(i) design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) : 100% completion (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as applicable); and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submission; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless Contracting Authority otherwise agreed by the Parties, acting reasonablyagrees in writing.
(h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(i) Neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(j) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(k) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion New Metrolinx Infrastructure and the New Third Party Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion New Metrolinx Infrastructure and New Third Party Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - – Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion New Metrolinx Infrastructure or New Third Party Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - – Variation Procedure, result in a Variation.
(c) The further development of the design of the New Metrolinx Infrastructure and New Third Party Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:
(i) following: design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:,
(A) 5060% completion completion;
(B) 90% completion; and
(C) 100% completion, (collectively, the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:,
(A) 60% completion;
(B) 90% completion; and
(C) 100% completion and issued for construction, (collectively, the “Construction Document Submittals”);
(iii) ; Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) and all other documentation required pursuant to Schedule 10 – Review Procedure.
(e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the following additional information:
(i) : identification of the stage of design or construction to which the documentation relates;
(ii) ; all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) ; for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation documentation; and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submission; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless Contracting Authority otherwise agreed by the Parties, acting reasonablyagrees in writing.
(h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion New Metrolinx Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteNew Metrolinx Infrastructure and/or Metrolinx Lands, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(i) Neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) : if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) or for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(j) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(k) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
(l) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and Contracting Authority may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Bypass and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – 9 - Review Procedure and this Section 11.120.3.
(b) The further development of the design of the Expansion Infrastructure Bypass and the process by which it such design is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – 9 - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:Ministry Representative):
(i) design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group inputCommercial Close, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawingsdrawing documentation, submitted at:
(A) at 50% completion (the “Pre-final Design Development Submittals”); and
(B) and at 90% completion (the “Final Design Development Submittals”)) of the development of the working drawings (collectively, (collectively the “Design Development Submittals”);Submittals”) or such other levels of completion proposed by Project Co or the Ministry and acceptable to the Ministry Representative, in its discretion;
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) at 100% completion of the construction drawings (the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as applicable); and
(iviii) all other documentation required pursuant to Schedule 10 – 9 - Review Procedure.
(d) If required by the Ministry, the Construction Document Submittals shall each be accompanied by a Technical Appraisal Form.
(e) Project Co shall submit to the Contracting Authority Ministry Representative for review in accordance with Schedule 10 – 9 - Review Procedure all Design Data and other items listed in Section 11.1(dSections 20.3(b) and 20.3(d).
(f) The Design Data and other items listed in Section 11.1(d20.3(b) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Ministry Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – 9 - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably.
(h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Bypass prior to being entitled to proceed in accordance with Schedule 10 – 9 - Review Procedure and it is subsequently determined in accordance with Schedule 10 – 9 - Review Procedure or Schedule 27 – 22 - Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority the Ministry nor any Contracting Authority Party Province Person will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authoritythe Ministry, the Contracting Authority Ministry Representative or the Contracting Authority Ministry Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some any defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority Ministry will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authoritythe Ministry, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Ministry Representative and the Ministry Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Ministry Representative and/or the Ministry Design Team, as applicable, as soon as practicable following receipt of a written request from the Contracting Authority Ministry Representative.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – 8 - Review Procedure and this Section 11.118.3.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – 8 - Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design TeamIO Representative) for each of the following:following:
(i) staged 50% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final "Design Development Submittals”"); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:
(A) 100% completion Agreement (the “"Construction Document Submittals”");
(iii) Permit, Licence, Licence and Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – 8 - Review Procedure.
(ed) Project Co shall submit to the Contracting Authority IO Representative for review in accordance with Schedule 10 – 8 - Review Procedure all Design Data and other items listed in Section 11.1(d18.3(c).
(fe) The Design Data and other items listed in Section 11.1(d18.3(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority IO Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – 8 - Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority IO wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless IO otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – 8 - Review Procedure and it is subsequently determined in accordance with Schedule 10 – 8 - Review Procedure or Schedule 27 – 24 - Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Contracting Authority nor None of IO, any Contracting Authority IO Party or any Government Entity will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative IO or the Contracting Authority Design Team IO Representative results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority IO will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting AuthorityIO, such review shall not not, except as provided in Section 18.6, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design TeamIO Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority IO Representative as soon as practicable following receipt of a written request from the Contracting Authority IO Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and the IO Representative may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
(l) The Parties acknowledge that as of the date of this Agreement, Project Co has delivered certain construction specifications indentifying the systems, materials and construction execution methods proposed to be used in the Project as Design Development Submittals and the Parties further acknowledge that such specifications remain subject to review by IO in accordance with Schedule 8 - Review Procedure.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion New Metrolinx Infrastructure and the New Third Party Infrastructure and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion New Metrolinx Infrastructure and New Third Party Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - – Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion New Metrolinx Infrastructure or New Third Party Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - – Variation Procedure, result in a Variation.
(c) The further development of the design of the new Metrolinx Infrastructure and New Third Party Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(d) The Parties agree that Appendix Appendices A and B to Schedule 10 – Review Procedure is an are initial list lists of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Team) for each of the following:following:
(i) design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50at 30% completion (the “Pre-final Design Development SubmittalsSubmittal”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development SubmittalsSubmittal, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:,
(A) 60% completion;
(B) 90% completion; and
(C) 100% completion completion, (collectively, the “Construction Document Submittals”);
(iii) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(iv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(e) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d).
(f) The Design Data and other items listed in Section 11.1(d) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(g) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxToronto, Xxxxxx, Xxxxxxx, except where Ontario unless Contracting Authority otherwise agreed by the Parties, acting reasonablyagrees in writing.
(h) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion New Metrolinx Infrastructure prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the SiteNew Metrolinx Infrastructure and/or Metrolinx Lands, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(i) Neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(j) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(k) Project Co shall allow the Contracting Authority Design Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
(l) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and Contracting Authority may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement
Development of Design.
(a) Project Co shall, at its own cost, develop and complete the design of the Expansion Infrastructure Facility and all Design Data in accordance with the requirements of this Project Agreement, including Schedule 10 – Review Procedure and this Section 11.1.
(b) The further development of the design of the Expansion Infrastructure and the process by which it is progressed must fully comply with the requirements of this Project Agreement.
(c) In order to develop the detailed design of the Expansion Infrastructure, Project Co shall consult with the Stakeholders (which consultation requirements pursuant to the Environmental Assessments are further described in Schedule 17 - Environmental Obligations) and the Contracting Authority Representative and the Contracting Authority Design Team in an interactive process. If the result of any consultation with Stakeholders is a change to the scope, configuration or size of any Expansion Infrastructure or a change in the Works, then such change shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.
(d) The Parties agree that Appendix A to Schedule 10 – Review Procedure is an initial list of Design Data and other items that will require design review, which Design Data and other items shall include design, procurement and construction documentation (to a scale and format required by the Contracting Authority Design Conformance Team) for each of the following:following:
(i) 50% and 100% design development documentation, being design development drawings, reports, schedules and specifications progressed from the date of this Project Agreement with extensive user group input, showing all architectural, engineering, environmental engineering and landscape design information sufficient to allow for the development of working drawings, submitted at:
(A) 50% completion drawings (the “Pre-final Design Development Submittals”); and
(B) 90% completion (the “Final Design Development Submittals”), (collectively the “Design Development Submittals”);;
(ii) 50% working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering, environmental engineering and landscape design information in accordance with the requirements of this Project Agreement, submitted at:;
(Aiii) 100% completion working drawing documentation, being construction drawings, reports, schedules and specifications progressed from the Design Development Submittals, showing all architectural, engineering and landscape design information in accordance with the requirements of this Project Agreement (collectively, with the documentation submitted pursuant to Section 11.1(c)(ii), the “Construction Document Submittals”);
(iiiiv) Permit, Licence, Approval and Agreement drawings (phased, in conjunction with or to support the Design Development Submittals or the Construction Document Submittals, as if applicable); and
(ivv) all other documentation required pursuant to Schedule 10 – Review Procedure.
(ed) Project Co shall submit to the Contracting Authority Representative for review in accordance with Schedule 10 – Review Procedure all Design Data and other items listed in Section 11.1(d11.1(c).
(fe) The Design Data and other items listed in Section 11.1(d11.1(c) must contain, at a minimum, the following additional information:
(i) identification of the stage of design or construction to which the documentation relates;
(ii) all design or construction drawings, all interim or final reports, all supporting Project Co Permits, Licences, Approvals drawings and Agreement documents, and any other specifications or documents necessary to enable the Contracting Authority Representative to make an informed decision as to whether Project Co is permitted to proceed pursuant to Schedule 10 – Review Procedure;
(iii) for each stage of the design or construction documentation, a schedule in a format acceptable to the Contracting Authority identifying all changes to the relevant documentation that has occurred from the previous stage of design or construction documentation and for all reports or plans, a blacklined version shall be required to show revisions between the current and previous submissiondocumentation; and
(iv) where changes have been submitted, an indication of how the changes meet the requirements of this Project Agreement.
(gf) All design review meetings held by Project Co which Contracting Authority wishes to attend shall be held in person at the MTO Regional Office at 000 Xxxxxx XxxxGrimsby, Xxxxxx, Xxxxxxx, except where Ontario unless Contracting Authority otherwise agreed by the Parties, acting reasonablyagrees in writing.
(hg) If Project Co commences or permits the commencement of the next level of design or construction of any part or parts of the Expansion Infrastructure Facility prior to being entitled to proceed in accordance with Schedule 10 – Review Procedure and it is subsequently determined in accordance with Schedule 10 – Review Procedure or Schedule 27 – Dispute Resolution Procedure that the design or construction does not comply with this Project Agreement, then Project Co shall forthwith, at its own cost and risk, undo, remove from the Site, replace and restore, as applicable, any parts of the design or construction that do not comply with this Project Agreement.
(ih) Neither Subject to Section 11.4, neither Contracting Authority nor any Contracting Authority Party will have any liability:
(i) if a document submitted by Project Co and reviewed by Contracting Authority, the Contracting Authority Representative or the Contracting Authority Design Conformance Team results in non-compliance with this Project Agreement by Project Co or a breach by Project Co of Applicable Law; or
(ii) for any loss or claim arising due to some defect in any documents, drawings, specifications or certificates submitted by Project Co.
(ji) Project Co and Contracting Authority will cooperate with each other in the design review process. Notwithstanding such cooperation by Contracting Authority, such review shall not not, except as provided in Section 11.4, constitute acceptance of the Works, and Project Co shall remain solely responsible for compliance in full with all requirements of this Project Agreement.
(kj) Project Co shall allow the Contracting Authority Design Conformance Team, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Contracting Authority Representative as soon as practicable following receipt of a written request from the Contracting Authority Representative.
(k) Project Co shall cause the Construction Contractor to establish and maintain a computerized design database which Project Co and Contracting Authority may access remotely by computer to view drawings comprised within the Design Data and to electronically store and print copies of such Design Data.
Appears in 1 contract
Samples: Project Agreement