Common use of Performance, Design and Construction Standards Clause in Contracts

Performance, Design and Construction Standards. 4.1.2.1 Developer shall perform the D&C Work in accordance with (a) Best Management Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) all Laws, and (d) the requirements, terms and conditions set forth in all Governmental Approvals. 4.1.2.2 Developer shall use reasonable care to identify any provisions in the Technical Volumes that are erroneous, create a potentially unsafe condition, or are or become inconsistent with Best Management Practice. Whenever Developer knows or, in the exercise of reasonable care should have known that a provision of the Technical Volumes is erroneous, creates a potentially unsafe condition or is or becomes inconsistent with Best Management Practice, Developer shall have the duty to notify the Department in writing of such fact and of the changes to the provision that Developer believes are the minimum necessary to render it correct, safe and consistent with Best Management Practice. If Developer commences or continues any D&C Work affected by the change after the need for the change was identified, or should have been identified through the exercise of reasonable care, Developer shall bear the risk of loss and any additional costs associated with redoing the Work already performed in accordance with the Contract Documents. 4.1.2.3 References in the Technical Volumes to the Manuals and Guidelines or other publications governing the D&C Work prior to Substantial Completion shall mean the most recent editions in effect as of the date the Department issued the RFP, unless expressly provided otherwise. 4.1.2.4 The Parties anticipate that from time to time after the Department issues the RFP the Department will adopt, through revisions to the existing Manuals and Guidelines or through new manuals and publications, changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions relating to the D&C Work of general application to comparable Department projects. Pursuant to Section 10.1 and subject to Section 8.2.1, the Department shall have the right to add such changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions to the Technical Volumes in accordance with the Contract Documents.

Performance, Design and Construction Standards. 4.1.2.1 Developer shall perform the D&C Work in accordance with (a) Best Management Practice, (b) the requirements, terms terms, conditions and conditions standards set forth in the Contract Documents, (c) the Project Management Plan, (d) all Laws, and (de) the requirements, terms terms, conditions and conditions standards set forth in all Governmental Approvals. If Developer encounters a contradiction between subsections (a) through (e), the provisions that establish the highest quality, manner or method of performing the Work, exceed Best Management Practices, or use the most stringent standards will prevail. 4.1.2.2 The Department has approved the standards and specifications for Project design set forth in the Technical Requirements. Developer shall not deviate from such standards and specifications except through a Department-approved Change Proposal. The Department's approval of such standards and specifications, and of deviations therefrom, shall constitute approval for purposes of California Government Code Section 830.6. 4.1.2.3 Developer shall use reasonable care to identify any provisions in the Technical Volumes Requirements that are erroneous, create a potentially unsafe condition, or are or become inconsistent with Best Management Practice. Whenever Developer knows or, in the exercise of reasonable care should have known that a provision of the Technical Volumes Requirements is erroneous, creates a potentially unsafe condition or is or becomes inconsistent with Best Management Practice, Developer shall have the duty to notify the Department in writing of such fact and of the changes to the provision that Developer Xxxxxxxxx believes are the minimum necessary to render it correct, safe and consistent with Best Management Practice. If Developer commences or continues any D&C Work affected by the change after the need for the change was identified, or should have been identified through the exercise of reasonable care, Developer shall bear the risk of loss and any additional costs associated with redoing the Work already performed in accordance with the Contract Documents. 4.1.2.3 4.1.2.4 References in the Technical Volumes Requirements to the Manuals and Guidelines or other publications governing the D&C Work prior to Substantial Completion shall mean the most recent editions in effect as of the date the Department issued the RFP, unless expressly provided otherwise. 4.1.2.4 4.1.2.5 The Parties anticipate that from time to time after the Department issues the RFP the Department will adopt, through revisions to the existing Manuals and Guidelines or through new manuals and publications, changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions relating to the D&C Work of general application to comparable Department projects. Pursuant to Section 10.1 and subject to Section 8.2.1, the Department shall have the right to add such changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions to the Technical Volumes Requirements in accordance with the Contract Documents.

Performance, Design and Construction Standards. ‌ 4.1.2.1 Developer shall perform the D&C Work in accordance with (a) Best Management Practice, (b) the requirements, terms terms, conditions and conditions standards set forth in the Contract Documents, (c) the Project Management Plan, (d) all Laws, and (de) the requirements, terms terms, conditions and conditions standards set forth in all Governmental Approvals. If Developer encounters a contradiction between subsections (a) through (e), the provisions that establish the highest quality, manner or method of performing the Work, exceed Best Management Practices, or use the most stringent standards will prevail. 4.1.2.2 The Department has approved the standards and specifications for Project design set forth in the Technical Requirements. Developer shall not deviate from such standards and specifications except (a) through a Department-approved Change Proposal, (b) as required under the order of precedence for Contract Documents set forth in Section 1.2 or (c) as provided in the last sentence of Section 4.1. 2.1. The Department's approval of such standards and specifications, and of deviations therefrom, shall constitute approval for purposes of California Government Code Section 830.6. 4.1.2.3 Developer shall use reasonable care to identify any provisions in the Technical Volumes Requirements that are erroneous, create a potentially unsafe condition, or are or become inconsistent with Best Management Practice. Whenever Developer knows or, in the exercise of reasonable care should have known that a provision of the Technical Volumes Requirements is erroneous, creates a potentially unsafe condition or is or becomes inconsistent with Best Management Practice, Developer shall have the duty to notify the Department in writing of such fact and of the changes to the provision that Developer Xxxxxxxxx believes are the minimum necessary to render it correct, safe and consistent with Best Management Practice. If Developer commences or continues any D&C Work affected by the change after the need for the change was identified, or should have been identified through the exercise of reasonable care, Developer shall bear the risk of loss and any additional costs associated with redoing the Work already performed in accordance with the Contract Documents.Documents.‌ 4.1.2.3 4.1.2.4 References in the Technical Volumes Requirements to the Manuals and Guidelines or other publications governing the D&C Work prior to Substantial Completion shall mean the most recent editions in effect as of the date the Department issued the RFP, unless expressly provided otherwise. 4.1.2.4 4.1.2.5 The Parties anticipate that from time to time after the Department issues the RFP the Department will adopt, through revisions to the existing Manuals and Guidelines or through new manuals and publications, changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions relating to the D&C Work of general application to comparable Department projects. Pursuant to Section 10.1 and subject to Section 8.2.1, the Department shall have the right to add such changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions to the Technical Volumes Requirements in accordance with the Contract Documents.

Performance, Design and Construction Standards. ‌ 4.1.2.1 Developer shall perform the D&C Work in accordance with (a) Best Management Practice, (b) the requirements, terms terms, conditions and conditions standards set forth in the Contract Documents, (c) the Project Management Plan, (d) all Laws, and (de) the requirements, terms terms, conditions and conditions standards set forth in all Governmental Approvals. If Developer encounters a contradiction between subsections (a) through (e), the provisions that establish the highest quality, manner or method of performing the Work, exceed Best Management Practices, or use the most stringent standards will prevail. 4.1.2.2 The Department has approved the standards and specifications for Project design set forth in the Technical Requirements. Developer shall not deviate from such standards and specifications except (a) through a Department-approved Change Proposal, (b) as required under the order of precedence for Contract Documents set forth in Section 1.2 or (c) as provided in the last sentence of Section 4.1. 2.1. The Department's approval of such standards and specifications, and of deviations therefrom, shall constitute approval for purposes of California Government Code Section 830.6. 4.1.2.3 Developer shall use reasonable care to identify any provisions in the Technical Volumes Requirements that are erroneous, create a potentially unsafe condition, or are or become inconsistent with Best Management Practice. Whenever Developer knows or, in the exercise of reasonable care care, should have known that a provision of the Technical Volumes Requirements is erroneous, creates a potentially unsafe condition or is or becomes inconsistent with Best Management Practice, Developer shall have the duty to notify the Department in writing of such fact and of the changes to the provision that Developer Xxxxxxxxx believes are the minimum necessary to render it correct, safe and consistent with Best Management Practice. If Developer commences or continues any D&C Work affected by the change after the need for the change was identified, or should have been identified through the exercise of reasonable care, Developer shall bear the risk of loss and any additional costs associated with redoing the Work already performed in accordance with the Contract Documents.Documents.‌ 4.1.2.3 4.1.2.4 References in the Technical Volumes Requirements to the Manuals and Guidelines or other publications governing the D&C Work prior to Substantial Completion shall mean the most recent editions in effect as of the date the Department issued the RFP, unless expressly provided otherwise. 4.1.2.4 4.1.2.5 The Parties anticipate that from time to time after the Department issues the RFP the Department will adopt, through revisions to the existing Manuals and Guidelines or through new manuals and publications, changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions relating to the D&C Work of general application to comparable Department projects. Pursuant to Section 10.1 and subject to Section 8.2.1, the Department shall have the right to add such changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions to the Technical Volumes Requirements in accordance with the Contract Documents.