Function and Role. (a) The Works Committee shall assist the Parties by promoting communication with respect to matters related to the Works. cooperative and effective (b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including: (i) any design, construction and commissioning issues; (ii) the Works Schedules; (iii) any issues arising from reports or documents provided by DB Co or the Independent Certifier; (iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight; (v) the Works Reports; (vi) any special matters referred to the Works Committee by the City or DB Co; (vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6; (viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations; (ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications; (x) monitoring the Testing & Commissioning Program; and (xi) any other issues pertaining to the Works. (c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (d) The Works Committee shall not have authority to make decisions with respect to or approve: (i) any amendment to or waiver of any provision of this Project Agreement; (ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion Date; (iii) any Variation; (iv) any change that may materially adversely affect DB Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date; (v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or (vi) any matter with respect to which the City has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the Utilities Management Subcommittee to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) the Works Schedulesprovision of Early Services;
(iii) any issues arising from reports or documents provided by DB joint review of the Project Co or Services and the Independent CertifierOutput Specifications;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversightthe recommendations of the Utilities Management Subcommittee;
(v) the Works Reportsany changes to Service Quality Plans;
(vi) any special matters referred to the Works Committee by the City or DB Coperformance issues;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6development and modification of performance standards for the Hospital FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(viii) any interface issues between the Project Co Services and the Hospital FM Services;
(ix) any special matter referred to the Facilities Management Committee by NHS, Infrastructure Ontario or Project Co;
(x) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xi) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s 's ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s NHS's ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHospital Services; or
(viiv) any matter with respect to which the City NHS has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the Utilities Management Subcommittee to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) any joint review of the Works SchedulesProject Co Services and the Output Specifications;
(iii) any issues arising from reports or documents provided by DB Co or the Independent Certifierrecommendations of the Utilities Management Subcommittee;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise changes to a safety or security issue or otherwise requiring attention and oversightService Quality Plans;
(v) the Works Reportsany performance issues;
(vi) any special matters referred to the Works Committee by development and modification of performance standards for the City or DB CoHospital FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(vii) any Proceeding At Risk Matters referred to interface issues between the Works Committee in accordance with Section 14.6Project Co Services and the Hospital FM Services;
(viii) any special matter referred to the Facilities Management Committee by WGH, Infrastructure Ontario (prior to Final Completion) or Project Co;
(ix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xix) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s 's ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s WGH's ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHospital Services; or
(viiv) any matter with respect to which the City WGH has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the Utilities Management Subcommittee to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) any joint review of the Works SchedulesProject Co Services and the Output Specifications;
(iii) any issues arising from reports or documents provided by DB Co or the Independent Certifierrecommendations of the Utilities Management Subcommittee;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise changes to a safety or security issue or otherwise requiring attention and oversightService Quality Plans;
(v) the Works Reportsany performance issues;
(vi) any special matters referred to the Works Committee by development and modification of performance standards for the City or DB CoHospital FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(vii) any Proceeding At Risk Matters referred to interface issues between the Works Committee in accordance with Section 14.6Project Co Services and the Hospital FM Services;
(viii) any special matter referred to the Facilities Management Committee by HHS, IO or Project Co;
(ix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xix) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s HHS’ ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHospital Services; or
(viiv) any matter with respect to which the City HHS has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role.
(a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(vii) any Proceeding At at Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Maintenance Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Maintenance Period. cooperative The Maintenance Committee shall interface with the Works Committee as and effectivewhen required.
(b) The Works Maintenance Committee shall be responsible for receiving and reviewing all matters related to the WorksSystem Infrastructure, both prior to and during the Maintenance Period, including:
(i) any design, construction joint review of the System Infrastructure and commissioning issuesthe Output Specifications;
(ii) the Works Schedulesany performance issues;
(iii) any issues arising from reports or documents provided by DB Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters matter referred to the Works Maintenance Committee by the City or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viiiiv) any community and media relations issues in accordance with Schedule 18 – Communication - Communications and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program; and
(xiv) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Maintenance Committee shall be final and binding on the Parties. If the Works Maintenance Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – 26 - Dispute Resolution Procedure.
(d) The Works Maintenance Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion Maintenance and Rehabilitation Services or the performance by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) relevant parties of any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateGovernmental Activities; or
(viiv) any matter with respect to which the City has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(vii) any Proceeding At at Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications;
(ix) any issues related to monitoring the Construction Access Management Plan Phase Commissioning Program and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Baseline Works SchedulesSchedule, any the Scheduled Phase Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve Phase Completion by the East Scheduled Phase Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the utilities management subcommittee (the "Utilities Management Subcommittee") to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) any joint review of the Works SchedulesProject Co Services and the Output Specifications;
(iii) any issues arising from reports or documents provided by DB Co or the Independent Certifierrecommendations of the Utilities Management Subcommittee;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise changes to a safety or security issue or otherwise requiring attention and oversightService Quality Plans;
(v) the Works Reportsany performance issues;
(vi) any special matters referred to the Works Committee by development and modification of performance standards for the City or DB CoHMQ FM Services, which performance standards shall be based on Good Industry Practice;
(vii) any Proceeding At Risk Matters referred to interface issues between the Works Committee in accordance with Section 14.6Project Co Services and the HMQ FM Services;
(viii) any special matter referred to the Facilities Management Committee by HMQ, MAG, ORC or Project Co;
(ix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xix) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Co’s Project Co‟s ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s MAG‟s ability to achieve perform the West Substantial Completion by Courthouse Activities and the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHMQ FM Services; or
(viiv) any matter with respect to which the City HMQ has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative and effective.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Project Works Schedules, the Basis of Works Schedule Reports and the Works Schedule Reports;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(vii) any Proceeding At at Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Public Engagement ObligationsProtocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program;
(xi) any issues related to Schedule 36 – Mobility Matters; and
(xixii) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in any Project Works Schedule, the Works Schedules, any Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee as and effectivewhen required, and shall form the Equipment Steering Committee to receive and review all matters related to the Equipment.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues, including Project Co M&E Design Issues;
(ii) the Works Schedulesidentification and resolution of Project Co Design Issues and WGH Design Issues pursuant to Section 18.5;
(iii) the Works Schedule;
(iv) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(ivv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(vvi) the Works Reports;
(vivii) the recommendations of the Equipment Steering Committee;
(viii) the recommendations of the Transition Subcommittee;
(ix) any special matters referred to the Works Committee by the City WGH, Infrastructure Ontario or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viiix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xi) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may may, subject to Section 19, refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any VariationVariation (other than a Variation contemplated by Section 18.5(e) of the Project Agreement);
(iv) any change that may materially adversely affect DB Project Co’s 's ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City WGH has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative and effective.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) : any design, construction and commissioning issues;
(ii) ; the Works Project Schedules;
(iii) ; any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) ; any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) ; the Works Reports;
(vi) ; any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(vii) ; any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) ; any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Public Engagement Obligations;
(ix) Protocol; any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, all as set out in Schedule 15 – Output Specifications;
(x) Specifications and Schedule 34 – Rail Corridor Access and Flagging; monitoring the Testing & Final Commissioning Program; and
(xi) and any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) : any amendment to or waiver of any provision of this Project Agreement;
(ii) ; any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Kipling Bus Terminal Scheduled Handover Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) ; any Variation;
(iv) ; any change that may materially adversely affect DB Project Co’s ability to achieve Handover of the East [REDACTED] by the [REDACTED], Handover of the Kipling Bus Terminal Essential Components by the Kipling Bus Terminal Scheduled Handover Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(vi) or any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe Equipment Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City HRRH, IO or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations- Communications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City HRRH has a right of consent or in respect of which the City HRRH may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative and effective.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Public Engagement ObligationsProtocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, all as set out in Schedule 15 – Output Specifications;
(x) monitoring each Interim Commissioning Program and the Testing & Final Commissioning Program; and
(xi) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any a Scheduled Interim Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East applicable requirement(s) for an Interim Completion by the applicable Scheduled Interim Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Maintenance Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;11.6.
(viii) any community and media relations issues in accordance with Schedule 18 – Communication - Communications and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 7 – Output Specifications;
(x) monitoring the Testing & Commissioning ProgramMobility Matters; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – 26 - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Works Milestones set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the FF&E Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City College or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(xviii) monitoring the Testing & Final Commissioning Program; and
(xiix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City College has a right of consent or in respect of which the City College may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City CTC or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City CTC has a right of consent or in respect of which the City CTC may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the Utilities Management Subcommittee to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) the Works Schedules[Intentionally Deleted];
(iii) any issues arising from reports or documents provided by DB joint review of the Project Co or Services and the Independent CertifierOutput Specifications;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversightthe recommendations of the Utilities Management Subcommittee;
(v) the Works Reportsany changes to Service Quality Plans;
(vi) any special matters referred to the Works Committee by the City or DB Coperformance issues;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6development and modification of performance standards for the Hospital FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(viii) any interface issues between the Project Co Services and the Hospital FM Services;
(ix) any special matter referred to the Facilities Management Committee by CAMH, Infrastructure Ontario or Project Co;
(x) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xi) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB CoCAMH’s ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHospital Services; or
(viiv) any matter with respect to which the City CAMH has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Bypass Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Bypass Management Committee shall interface with the Works Committee as and effectivewhen required.
(b) The Works Bypass Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction joint review of the OM&R Work and commissioning issuesthe Technical Requirements;
(ii) the Works Schedulesany performance issues;
(iii) any issues arising from reports special matter referred to the Bypass Management Committee by the Ministry or documents provided by DB Co or the Independent CertifierProject Co;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City or DB Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations12 - Communications Protocol;
(ixv) matters involving any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rulesRailway Company, requirements and restrictions relating to accessRailway Agreement, rail safety and operations and track protectionRailway Order, as set out in Schedule 15 – Output SpecificationsRailway Infrastructure, Utility Company, Utility Agreement or Utility Infrastructure;
(xvi) monitoring the Testing & Commissioning Programany Integrated Management System issues, including quality assurance, environmental and safety issues;
(vii) any Non-Conformance Reports; and
(xiviii) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Bypass Management Committee shall be final and binding on the Parties. If the Works Bypass Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – 22 - Dispute Resolution Procedure.
(d) The Works Bypass Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion OM&R Work or the performance by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) relevant parties of any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateGovernmental Activities; or
(viiv) any matter with respect to which the City Ministry has a right of consent or in respect of which the City Ministry may exercise have discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the utilities management subcommittee (the “Utilities Management Subcommittee”) to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) any joint review of the Works SchedulesProject Co Services and the Output Specifications;
(iii) any issues arising from reports or documents provided by DB Co or the Independent Certifierrecommendations of the Utilities Management Subcommittee;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise changes to a safety or security issue or otherwise requiring attention and oversightService Quality Plans;
(v) the Works Reportsany changes to Operational Policies, Procedures and Practices;
(vi) any special matters referred to the Works Committee by the City or DB Coperformance issues;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6development and modification of performance standards for the MCSCS FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(viii) any interface issues between the Project Co Services and the MCSCS Services;
(ix) any special matter referred to the Facilities Management Committee by IO, MCSCS, ORC or Project Co;
(x) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xi) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s MCSCS’ ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateMCSCS Services; or
(viiv) any matter with respect to which the City IO has a right of consent or in respect of which the City IO may exercise have discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe Equipment Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City SJHC, Infrastructure Ontario or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations- Communications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Early Occupancy Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve Early Occupancy Completion by the East Scheduled Early Occupancy Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City SJHC has a right of consent or in respect of which the City SJHC may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent CertifierConsultant;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(xviii) monitoring the Testing & Final Commissioning Program; and
(xiix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Baseline Works SchedulesSchedule, any a Scheduled Phase Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve a Phase Completion by the East applicable Scheduled Phase Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe Equipment Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City WCH, IO or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations- Communications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Interim Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve Interim Completion by the East Scheduled Interim Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City WCH has a right of consent or in respect of which the City WCH may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe Equipment Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City NHS, Infrastructure Ontario or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xiix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s 's ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City NHS has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(viiviii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viiiix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output SpecificationsCommunications;
(x) monitoring the Testing & Phase Commissioning Program, the Tower Interim Completion Commissioning Program and Final Commissioning Program; and
(xi) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any a Scheduled Phase Completion Date, the Scheduled Tower Interim Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve a Phase Completion by the East applicable Scheduled Phase Completion Date, Tower Interim Completion by the Scheduled Tower Interim Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the Utilities Management Subcommittee to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) the Works Schedulesprovision of the Existing Facilities Services;
(iii) any issues arising from reports or documents provided by DB joint review of the Project Co or Services and the Independent CertifierOutput Specifications;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversightthe recommendations of the Utilities Management Subcommittee;
(v) the Works Reportsany changes to Service Quality Plans;
(vi) any special matters referred to the Works Committee by the City or DB Coperformance issues;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6development and modification of performance standards for the Hospital FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(viii) any interface issues between the Project Co Services and the Hospital FM Services;
(ix) any special matter referred to the Facilities Management Committee by WCH, IO or Project Co;
(x) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xi) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB CoWCH’s ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHospital Services; or
(viiv) any matter with respect to which the City WCH has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative and effective.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(vii) any Proceeding At at Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East requirement(s) for Phase 1 Completion by the Scheduled Phase 1 Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe Equipment Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City HHS, IO or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations- Communications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City HHS has a right of consent or in respect of which the City HHS may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(viiviii) any Proceeding At at Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viiiix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output SpecificationsCommunications;
(x) monitoring the Testing & Final Commissioning Program; and
(xi) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City HMQ or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(xviii) monitoring the Testing & Final Commissioning Program; and
(xiix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date, the Scheduled PGW Substantial Completion Date, the Scheduled Final Completion Date or any the Scheduled PGW Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Co’s Project Co‟s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s Project Co‟s ability to achieve the West PGW Substantial Completion by the West Scheduled PGW Substantial Completion Date or West Final Completion by the West Scheduled PGW Final Completion Date; or
(vi) any matter with respect to which the City HMQ has a right of consent or in respect of which the City HMQ may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe FF&E Steering Committee as and when required..
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City HMQ, MAG or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xiix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City HMQ has a right of consent or in respect of which the City HMQ may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the Utilities Management Subcommittee to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) any joint review of the Works SchedulesProject Co Services and the Output Specifications;
(iii) any issues arising from reports or documents provided by DB Co or the Independent Certifierrecommendations of the Utilities Management Subcommittee;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise changes to a safety or security issue or otherwise requiring attention and oversightService Quality Plans;
(v) the Works Reportsany performance issues;
(vi) any special matters referred to the Works Committee by development and modification of performance standards for the City or DB CoHospital FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(vii) any Proceeding At Risk Matters referred to interface issues between the Works Committee in accordance with Section 14.6Project Co Services, the Hospital FM Services and the Osler Supplied Services;
(viii) any special matter referred to the Facilities Management Committee by Xxxxx, IO or Project Co;
(ix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning ProgramCommunications; and
(xix) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s Xxxxx’x ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHospital Services; or
(viiv) any matter with respect to which the City Xxxxx has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe Equipment Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City MHCP, Infrastructure Ontario or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations- Communications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City MHCP has a right of consent or in respect of which the City MHCP may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe Equipment Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City Xxxxx, IO or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications;
(ix) any issues related to the Construction Access Management Plan monitoring each Phase Commissioning Program and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any Scheduled Phase Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve a Phase Completion by the East applicable Scheduled Phase Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Xxxxx has a right of consent or in respect of which the City Xxxxx may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe FF&E Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City HMQ, MAG or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xiix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Co’s Project Co‟s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City HMQ has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the Utilities Management Subcommittee to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) any joint review of the Works SchedulesProject Co Services and the Output Specifications;
(iii) any issues arising from reports or documents provided by DB Co or the Independent Certifierrecommendations of the Utilities Management Subcommittee;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise changes to a safety or security issue or otherwise requiring attention and oversightService Quality Plans;
(v) the Works Reportsany performance issues;
(vi) any special matters referred to the Works Committee by development and modification of performance standards for the City or DB CoHospital FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(vii) any Proceeding At Risk Matters referred to interface issues between the Works Committee in accordance with Section 14.6Project Co Services and the Hospital FM Services;
(viii) any special matter referred to the Facilities Management Committee by HRRH, IO or Project Co;
(ix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xix) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB CoHRRH’s ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHospital Services; or
(viiv) any matter with respect to which the City HRRH has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the Utilities Management Subcommittee to receive and review all matters related to the Utilities Management Services and shall form the electronic security system integration subcommittee (the “System Integration Subcommittee”) to receive and review all matters related to Electronic Security System Integration Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) any joint review of the Works SchedulesProject Co Services and the Output Specifications;
(iii) any issues arising from reports or documents provided by DB Co or the Independent Certifierrecommendations of the Utilities Management Subcommittee;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversightthe recommendations of the System Integration Subcommittee;
(v) the Works Reportsany changes to Service Quality Plans;
(vi) any special matters referred to the Works Committee by the City or DB Coperformance issues;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6development and modification of performance standards for the Hospital FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(viii) any interface issues between the Project Co Services and the Hospital FM Services;
(ix) any special matter referred to the Facilities Management Committee by MHCP, Infrastructure Ontario or Project Co;
(x) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xi) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB CoMHCP’s ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHospital Services; or
(viiv) any matter with respect to which the City MHCP has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative and effectiveThe Works Committee shall interface with the Facilities Management Committee.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City IO, MCSCS or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations16 - Communications Protocol;
(ix) any issues related to the Construction Access Management Plan review and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specificationsapproval of Development Charges;
(x) monitoring the Testing & Final Commissioning Program; and
(xi) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – 24 - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the TIC Scheduled Completion Date, the Scheduled Substantial Completion Date, the TIC Scheduled Final Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve TIC Completion by the East TIC Scheduled Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Date, TIC Final Completion by the East TIC Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City IO has a right of consent or in respect of which the City IO may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative and effective.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City Contracting Authority or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Public Engagement ObligationsProtocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, all as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Interim Commissioning Program and the Final Commissioning Program; and
(xi) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any a Scheduled Milestone Payment Completion Date, the Scheduled Interim Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East requirements for Milestone Payment Completion for the First Milestone Payment by the Scheduled First Milestone Payment Completion Date, Milestone Payment Completion for the Second Milestone Payment by the Scheduled Second Milestone Payment Completion Date, Interim Completion by the Scheduled Interim Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe Equipment Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City CAMH, Infrastructure Ontario or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations- Communications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning ProgramUtilities/Infrastructure Connections Cash Allowance Items; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City CAMH has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City SMH or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications Protocol;
(ix) any issues related to monitoring each Phase Commissioning Program, the Construction Access Management Plan Tower Interim Completion Commissioning Program and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any Scheduled Phase Completion Date, the Scheduled Tower Interim Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve a Phase Completion by the East applicable Scheduled Phase Completion Date, Tower Interim Completion by the Scheduled Tower Interim Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City SMH has a right of consent or in respect of which the City SMH may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City Contracting Authority, MCSCS or DB Project Co;
(viiviii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viiiix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output SpecificationsCommunications;
(x) monitoring each Phase Commissioning Program and the Testing & Final Commissioning Program; and
(xi) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any Scheduled Phase Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve Phase Completion by the East applicable Scheduled Phase Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Bypass Management Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any Integrated Management System issues, including quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City Ministry or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations12 - Communications Protocol;
(viii) matters involving any Railway Company, Railway Agreement, Railway Order, Utility Company, Utility Agreement or Utility Infrastructure;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specificationsenvironmental matters;
(x) monitoring any Non-Conformance Report;
(xi) any issue involving the Testing & Commissioning ProgramO&M Interim Services; and
(xixii) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – 22 - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Phase One Substantial Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Phase One Substantial Completion by the East Scheduled Phase One Substantial Completion Date, Substantial Completion by the Scheduled Substantial Completion Date or East Date, the Phase One Final Completion by the East Scheduled Phase One Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Ministry has a right of consent or in respect of which the City Ministry may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative and effective.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City HMQ or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations- Communications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(xviii) monitoring the Testing & Final Commissioning Program; and
(xiix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in Works Milestone, the Works Schedules, any Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City HMQ has a right of consent or in respect of which the City HMQ may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the FF&E Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works Project Schedules;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City Contracting Authority, MAG or DB Project Co;
(viiviii) any Proceeding At at Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viiiix) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output SpecificationsCommunications;
(x) monitoring the Testing & Interim Completion Commissioning Program and Final Commissioning Program; and
(xi) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Interim Completion Date, the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve Interim Completion by the East Scheduled Interim Completion Date, Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City Contracting Authority has a right of consent or in respect of which the City Contracting Authority may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Facilities Management Committee and effectivethe Equipment Steering Committee as and when required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) the recommendations of the Transition Subcommittee;
(vii) any special matters referred to the Works Committee by the City IO, MCSCS or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations- Communications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d11.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City IO has a right of consent or in respect of which the City IO may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the Equipment Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City CTC or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications Protocol;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(xviii) monitoring the Testing & Final Commissioning Program; and
(xiix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City CTC has a right of consent or in respect of which the City CTC may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksDesign and Construction Works and the Highway Work. cooperative The Works Committee shall interface with the Maintenance Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the WorksDesign and Construction Works and the Highway Work, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule and the Highway Construction Schedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent CertifierCertifier or the Consultant;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City or DB Project Co;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 − Communications and Public Consultation Protocol;
(viii) considering and making recommendations to the City to proceed or not to proceed with a Variation pursuant to Schedule 22 – Communication and Stakeholder Engagement Obligations;Variation Procedure to address safety or security issues relating to, arising from, or having implications to the planning, implementation or performance of the Project Scope or the Operations, or any part; and
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program; and
(xi) any other issues or matters pertaining to the Works.Design and Construction Works and the Highway Work. Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 55 CAN: 26350049.2 BD-#30398459-v2
(c) Subject to Section 14.2(d), 11.2(d) any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – − Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in Scheduled Milestone Acceptance Date, the Works Schedules, any Highway Scheduled Substantial Completion Date, Highway Scheduled Final Completion Date, the Required Revenue Service Availability Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve any Milestone Acceptance by the East applicable Scheduled Milestone Acceptance Date, Substantial Completion of the Highway Work by the East Highway Scheduled Substantial Completion Date, Highway Final Completion Date by the Highway Scheduled Final Completion Date, the Revenue Service Availability by the Required Revenue Service Availability Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; orand
(viv) any matter with respect to which the City has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. cooperative The Works Committee shall interface with the FF&E Steering Committee as and effectivewhen required.
(b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including:
(i) any design, construction and commissioning issues;
(ii) the Works SchedulesSchedule;
(iii) any issues arising from reports or documents provided by DB Project Co or the Independent Certifier;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(vi) any special matters referred to the Works Committee by the City College or DB Project Co;
(vii) any Proceeding At Risk Matters Matter referred to the Works Committee in accordance with Section 14.6;
(viii) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement ObligationsCommunications;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Final Commissioning Program; and
(xix) any other issues pertaining to the Works.
(c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure.
(d) The Works Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones major milestone date set out in the Works SchedulesSchedule, any the Scheduled Substantial Completion Date or any the Scheduled Final Completion Date;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve the East Substantial Completion by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion Date; or
(viv) any matter with respect to which the City College has a right of consent or in respect of which the City College may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Maintenance Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Scope, both prior to and during the Maintenance Term. cooperative The Maintenance Committee shall interface with the Works Committee as and effectivewhen required.
(b) The Works Maintenance Committee shall be responsible for receiving and reviewing all matters related to the Project Scope (excluding the Design and Construction Works, the Highway Work and the Stage 2 Project Co Delivery Scope), both prior to and during the Maintenance Term, including:
(i) any design, construction joint review of the Maintenance Services and commissioning issuesthe Expanded Output Specifications;
(ii) the Works Schedules;
(iii) any issues arising from reports or documents provided by DB Co or the Independent Certifier;
(iv) any performance, quality assurance and safety assurance, safety, and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight;
(v) the Works Reports;
(viiii) any special matters matter referred to the Works Maintenance Committee by the City or DB Project Co;; Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 58 CAN: 26350049.2 BD-#30398459-v2
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6;
(viiiiv) any community and media relations issues in accordance with Schedule 18 – Communication − Communications and Stakeholder Engagement ObligationsPublic Consultation Protocol;
(ixv) any issues related considering and making recommendations to the Construction Access Management Plan and the Traffic and Transit Management Plan and any City to proceed or not to proceed with a Variation pursuant to Schedule 22 – Variation Procedure to address safety or security issues related to the rules, requirements and restrictions relating to accessor arising from the Maintenance Services, rail safety and operations and track protectionincluding those that may arise from, as set out in Schedule 15 – Output Specifications;
(x) monitoring be identified with, have implications to, or otherwise by having regard to, the Testing & Commissioning ProgramProject Scope or the Operations; and
(xivi) any other issues pertaining to the Project Scope (excluding the Design and Construction Works, the Highway Work and the Stage 2 Project Co Delivery Scope).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Maintenance Committee shall be final and binding on the Parties. If the Works Maintenance Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – − Dispute Resolution Procedure.
(d) The Works Maintenance Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion Maintenance Services or the performance by the East Scheduled Substantial Completion Date or East Final Completion by the East Scheduled Final Completion Date;
(v) relevant parties of any change that may materially adversely affect DB Co’s ability to achieve the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateCity Activities; or
(viiv) any matter with respect to which the City has a right of consent or in respect of which the City may exercise have discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
Function and Role. (a) The Works Facilities Management Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the WorksProject Operations, both prior to and during the Operational Term. cooperative The Facilities Management Committee shall interface with the Works Committee as and effectivewhen required, and shall form the Utilities Management Subcommittee to receive and review all matters related to the Utilities Management Services.
(b) The Works Facilities Management Committee shall be responsible for receiving and reviewing all matters related to the Project Operations (excluding the Works), both prior to and during the Operational Term, including:
(i) any design, construction and commissioning issuesthe transition from the Existing Facilities to the Facility;
(ii) the Works Schedulesprovision of the Existing Facilities Services;
(iii) any issues arising from reports or documents provided by DB joint review of the Project Co or Services and the Independent CertifierOutput Specifications;
(iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversightthe recommendations of the Utilities Management Subcommittee;
(v) the Works Reportsany changes to Service Quality Plans;
(vi) any special matters referred to the Works Committee by the City or DB Coperformance issues;
(vii) any Proceeding At Risk Matters referred to the Works Committee in accordance with Section 14.6development and modification of performance standards for the Hospital FM Services, which performance standards shall be based on the Project Co Proposal Extracts and Good Industry Practice;
(viii) any interface issues between the Project Co Services and the Hospital FM Services;
(ix) any special matter referred to the Facilities Management Committee by SJHC, Infrastructure Ontario or Project Co;
(x) any community and media relations issues in accordance with Schedule 18 – Communication and Stakeholder Engagement Obligations;
(ix) any issues related to the Construction Access Management Plan and the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications;
(x) monitoring the Testing & Commissioning Program- Communications Protocol; and
(xi) any other issues pertaining to the Project Operations (excluding the Works).
(c) Subject to Section 14.2(d12.2(d), any unanimous decision of the Works Facilities Management Committee shall be final and binding on the Parties. If the Works Facilities Management Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – - Dispute Resolution Procedure.
(d) The Works Facilities Management Committee shall not have authority to make decisions with respect to or approve:
(i) any amendment to or waiver of any provision of this Project Agreement;
(ii) any change to a Key Work Milestones set out in the Works Schedules, any Scheduled Substantial Completion Date or any Scheduled Final Completion DateVariation;
(iii) any Variation;
(iv) any change that may materially adversely affect DB Project Co’s ability to achieve perform the East Substantial Completion by the East Scheduled Substantial Completion Date Project Co Services or East Final Completion by the East Scheduled Final Completion Date;
(v) any change that may materially adversely affect DB CoSJHC’s ability to achieve perform the West Substantial Completion by the West Scheduled Substantial Completion Date or West Final Completion by the West Scheduled Final Completion DateHospital Services; or
(viiv) any matter with respect to which the City SJHC has a right of consent or in respect of which the City may exercise discretion pursuant to this Project Agreement.
Appears in 1 contract
Samples: Project Agreement
