Performance, Design and Construction Standards; Deviations Clause Samples
The 'Performance, Design and Construction Standards; Deviations' clause establishes the minimum requirements and quality benchmarks that must be met during the design and construction phases of a project. It typically outlines the specific standards, codes, or guidelines that the work must adhere to, and may detail the process for requesting and approving any deviations from these standards, such as requiring written consent from the owner or architect before changes are made. This clause ensures that the completed project meets agreed-upon expectations and provides a clear process for managing exceptions, thereby reducing the risk of disputes over quality or compliance.
Performance, Design and Construction Standards; Deviations. 3.2.1 Developer shall furnish all aspects of the Design Work and all Design Documents, including design required in connection with the operation and maintenance of the Project and Renewal Work and shall construct the Project and Utility Adjustments included in the Construction Work as designed, free from Defects, and in accordance with: (a) Good Industry Practice; (b) the requirements, terms and conditions set forth in the Contract Documents; (c) the Project Schedule; (d) all Laws; (e) the requirements,
3.2.2 Developer also shall construct the Project and Utility Adjustments in accordance with (a) the Final Design Documents, and (b) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
3.2.3 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
3.2.4 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT of such fact and of the changes to the provisions that Developer believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the D&C Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any D&C Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the D&C Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 3.2.4, but instead shall be governed by Section 1.2.
3.2.5 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions ...
Performance, Design and Construction Standards; Deviations. 35 6.2.1 Developer shall furnish all aspects of the Design Work and all Design 36 Documents, including design required in connection with the maintenance of the Project 37 and Capital Asset Replacement Work, and shall construct the Project and Utility 38 Adjustments included in the Construction Work as designed, free from Defects, and in 1 accordance with: (a) Good Industry Practice; (b) the requirements, terms and conditions 2 set forth in the Contract Documents; (c) the Project Schedule; (d) all Laws; (e) the 3 requirements, terms and conditions set forth in all Governmental Approvals; (f) the 4 ADOT-approved Project Management Plan and all component plans prepared or to be 5 prepared thereunder; (g) the Safety Management Plan; and (h) all other applicable 6 safety, environmental and other requirements, taking into account the Project ROW 7 limits and other constraints affecting the Project.
8 6.2.2 Developer also shall construct the Project and Utility Adjustments in 11 Project.
12 6.2.3 The Project design and construction shall be subject to certification 13 pursuant to the procedure contained in the ADOT-approved Quality Management Plan.
14 6.2.4 Developer may apply for ADOT approval of Deviations from applicable 15 Technical Provisions regarding the design or construction of the Project. The Deviation 16 approval process shall be as follows:
Performance, Design and Construction Standards; Deviations. 5.2.1 Developer shall furnish all aspects of the Design Work and all Design Documents, including design required in connection with the operation and maintenance of the Project and Rehabilitation Work and shall construct the Project and/or Utility Adjustments included in the Construction Work as designed, free from Defects, and in accordance with
Performance, Design and Construction Standards; Deviations. 6.2.1 Developer shall furnish all aspects of the Design Work and all Design
6.2.2 Developer also shall construct the Project and Utility Adjustments in
6.2.3 The Project design and construction shall be subject to certification
6.2.4 Developer may apply for ADOT approval of Deviations from applicable
(a) All applications for Deviations shall be in writing. Where Developer applies for a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation.
(b) ADOT will consider, in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading ADOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves ADOT’s applicable safety standards and criteria.
(c) No Deviation shall be deemed approved or be effective unless and until stated in writing signed by ADOT’s Authorized Representative. ADOT’s affirmative approval of a component plan of the Project Management Plan shall constitute: (i) approval of the Deviations expressly identified and labeled as Deviations therein, unless ADOT takes exception to any such Deviation, and (ii) disapproval of any Deviations not expressly identified and labeled as Deviations therein.
(d) ADOT’s lack of issuance of an approval for any Deviation within ten Business Days after Developer applies therefor shall be deemed a disapproval of such application.
(e) ADOT’s denial or disapproval of a requested Deviation shall be final and not subject to the Dispute Resolution Procedures.
6.2.5 Except as set forth in Section 1.5 or 6.2.4, any changes to the Technical Provisions that materially affect the Design Work or Construction Work prior to the Substantial Completion Date shall be subject to the Supplemental Agreement process in accordance with Article 15.