Independent Safety Auditor. Prior to finalization of the Contractor’s Designs and the Contractor’s Management Systems and Plans, the Contractor must retain an Independent Safety Auditor to perform a safety assessment of the Contractor’s Designs and the Contractor’s Management Systems and Plans, in the manner contemplated by Schedule 4 (Contractor’s Management Systems and Plans). At least 25 days prior to the date the Contractor anticipates that the Project will be sufficiently completed that the New Infrastructure can safely be opened to the public for use by vehicle traffic, the Contractor must retain an Independent Safety Auditor (who may be but need not be the same person as previously retained) to perform a safety assessment of the Project. In each case the Independent Safety Auditor shall be retained in accordance with the following: (a) the Independent Safety Auditor must be an engineering consultant having strong expertise in roadway design and traffic safety, selected in consultation with the Province; (b) the Independent Safety Auditor must agree to carry out and discharge the responsibilities contemplated by this Section 5.12 or Sections 5.13 and Section 5.14, as the case may be; (c) the Independent Safety Auditor must carry professional liability insurance with errors and omissions coverage of not less than $500,000 per occurrence; (d) all fees and expenses of the Independent Safety Auditor are to be borne by the Contractor; and (e) the Independent Safety Auditor shall be impartial to the parties when required to make any recommendation, determination or assessment under this Agreement.
Appears in 2 contracts
Samples: Design, Build, Finance and Operate Agreement, Design, Build, Finance and Operate Agreement
Independent Safety Auditor. Prior to finalization of the Contractor’s Designs and the Contractor’s Management Systems and Plans, the Contractor must retain an Independent Safety Auditor to perform a safety assessment of the Contractor’s Designs and the Contractor’s Management Systems and Plans, in the manner contemplated by the Safety Audit Plan forming part of Schedule 4 (Contractor’s Management Systems and Plans). At least 25 days prior to the date the Contractor anticipates that the Project will be sufficiently completed that the New Infrastructure can safely be opened to the public for use by vehicle traffic, the Contractor must retain an Independent Safety Auditor (who may be but need not be the same person as previously retained) to perform a safety assessment of the Project. In each case the Independent Safety Auditor shall be retained in accordance with the following:
(a) the Independent Safety Auditor must be an engineering consultant having strong expertise in roadway design and traffic safety, selected in consultation with the Province;
(b) the Independent Safety Auditor must agree to carry out and discharge the responsibilities contemplated by this Section 5.12 or Sections 5.13 and Section 5.14, as the case may be;
(c) the Independent Safety Auditor must carry professional liability insurance with errors and omissions coverage of not less than $500,000 per occurrence;
(d) all fees and expenses of the Independent Safety Auditor are to be borne by the Contractor; and
(e) the Independent Safety Auditor shall be impartial to the parties when required to make any recommendation, determination or assessment under this Agreement.
Appears in 2 contracts
Samples: Design, Build, Finance and Operate Agreement, Dbfo Agreement
Independent Safety Auditor. Prior to finalization of the Contractor’s Designs and the Contractor’s Management Systems and Plans, the Contractor must retain an Independent Safety Auditor to perform a safety assessment of the Contractor’s Designs and the Contractor’s Management Systems and Plans, in the manner contemplated by the Safety Audit Plan forming part of Schedule 4 (Contractor’s Management Systems and Plans). At least 25 60 days prior to the date the Contractor anticipates that the PNI Project or the RNI Project, as applicable, will be sufficiently completed that the Priority New Infrastructure or Remaining New Infrastructure, as applicable, can safely be opened to the public for use by vehicle traffic, the Contractor must retain an Independent Safety Auditor (who may be but need not be the same person as previously retained) to perform a safety assessment of the PNI Project or the RNI Project, as applicable. In each case the Independent Safety Auditor shall be retained in accordance with the following:
(a) the Independent Safety Auditor must be an engineering consultant having strong expertise in roadway design and traffic safety, selected in consultation with the Province;
(b) the Independent Safety Auditor must agree to carry out and discharge the responsibilities contemplated by this Section 5.12 or Sections 5.13 and Section 5.14, as the case may be;
(c) the Independent Safety Auditor must carry professional liability insurance with errors and omissions coverage of not less than $500,000 per occurrence;
(d) all fees and expenses of the Independent Safety Auditor are to be borne by the Contractor; and
(e) the Independent Safety Auditor shall be impartial to the parties when required to make any recommendation, determination or assessment under this Agreement.
Appears in 1 contract
Independent Safety Auditor. Prior to finalization of the Contractor’s Designs and the Contractor’s Management Systems and Plans, the Contractor must retain an Independent Safety Auditor to perform a safety assessment of the Contractor’s Designs and the Contractor’s Management Systems and Plans, in the manner contemplated by the Safety Audit Plan forming part of Schedule 4 (Contractor’s Management Systems and Plans). At least 25 30 days prior to the date the Contractor anticipates that the Project will be sufficiently completed that the New Infrastructure can safely be opened to the public for use by vehicle traffic, the Contractor must retain an Independent Safety Auditor (who may be but need not be the same person as previously retained) to perform a safety assessment of the Project. In each case the Independent Safety Auditor shall be retained in accordance with the following:
(a) the Independent Safety Auditor must be an engineering consultant having strong expertise in roadway design and traffic safety, selected in consultation with the Province;
(b) the Independent Safety Auditor must agree to carry out and discharge the responsibilities contemplated by this Section 5.12 (Independent Safety Auditor) or Sections Section 5.13 and Section 5.14, (Anticipated Traffic Availability) as the case may be;
(c) the Independent Safety Auditor must carry professional liability insurance with errors and omissions coverage of not less than Five Hundred Thousand Dollars ($500,000 500,000.00) per occurrence;
(d) all fees and expenses of the Independent Safety Auditor are to be borne by the Contractor; and
(e) the Independent Safety Auditor shall be impartial to the parties when required to make any recommendation, determination or assessment under this Agreement.
Appears in 1 contract
Samples: Agreement to Design and Build
Independent Safety Auditor. Prior to finalization of the Contractor’s Designs and the Contractor’s Management Systems and Plans, the Contractor must retain an Independent Safety Auditor to perform a safety assessment of the Contractor’s Designs and the Contractor’s Management Systems and Plans, in the manner contemplated by the Safety Audit Plan forming part of Schedule 4 (Contractor’s Management Systems and Plans). At least 25 days prior to the date the Contractor anticipates that the Project will be sufficiently completed that the New Infrastructure can safely be opened to the public for use by vehicle traffic, the Contractor must retain an Independent Safety Auditor (who may be but need not be the same person as previously retained) to perform a safety assessment of the Project. In each case the Independent Safety Auditor shall be retained in accordance with the following:
(a) the Independent Safety Auditor must be an engineering consultant having strong expertise in roadway design and traffic safety, selected in consultation with the Province;
(b) the Independent Safety Auditor must agree to carry out and discharge the responsibilities contemplated by this Section 5.12 or Sections 5.13 and Section 5.14, as the case may be;
(c) the Independent Safety Auditor must carry professional liability insurance with errors and omissions coverage of not less than $500,000 per occurrence;
(d) all fees and expenses of the Independent Safety Auditor are to be borne by the Contractor; and
(e) the Independent Safety Auditor shall be impartial to the parties when required to make any recommendation, determination or assessment under this Agreement.
Appears in 1 contract