Preparation of the Detailed Design.
(a) As soon as practicable after the Commencement Date, and in any event no later than the date nominated for submission of the Detailed Design in the Works Program, RMS must prepare and submit the draft Detailed Design to the City for the City's review and agreement.
(b) RMS must submit the draft Detailed Design in a manner and at a rate which will give the City a reasonable opportunity to review the draft Detailed Design.
(c) The draft Detailed Design must be prepared:
(i) so that it is consistent with the Concept Design or Park Street Concept Design (as applicable);
(ii) so that it complies with clause 4.3; and
(iii) in a format agreed between the City and RMS (both acting reasonably).
(d) Within 5 Business Days of the City's receipt of the draft Detailed Design, the City may by notice in writing to RMS confirm whether it either:
(i) agrees with the draft Detailed Design; or
(ii) does not agree with the draft Detailed Design to the extent that the Detailed Design:
(A) has not been completed to the level required or does not comply with clause 4.3; or
(B) exceeds the Minimum Design Criteria so as to increase the Works Cost in a manner that is unacceptable to the City, in which case the City must provide reasons.
(e) If the City does not notify RMS in accordance with clause 4.4(d), the City is deemed to have agreed to the draft Detailed Design to enable RMS to proceed with its obligations under this Agreement, provided that any such deemed agreement cannot waive or vary any requirement of the Minimum Design Requirements or the City Codes and Standards.
(f) If the City does not agree with the draft Detailed Design under clause 4.4(d), then RMS must amend the draft Detailed Design and re-submit the amended Detailed Design to the City and clauses 4.4(d)-(g) (inclusive) will re-apply to that amended Detailed Design.
(g) If RMS disagrees with the City's disagreement notice under clause 4.4(d), RMS may refer the matter for determination under clause 20.
Preparation of the Detailed Design. The detailed design can either be prepared and checked by us, or prepared by the works promoter and checked by us. The works promoter may use any competent designer to complete the design. Whichever approach is taken the works promoter will be required to meet our costs before we can do any design or checking work. We will provide a reasonable estimate of our costs either to preparing the design, or to check the works promoter’s design as well as an initial estimate of our administration costs which will provide the basis for the initial payment. B.1. Once funding is in place in accordance with section A.12 above the agreement can be drafted and the background information prepared. We would typically expect the preparation of the agreement and the information required to complete it to take up to three months, although for larger or more complex schemes this may take substantially longer.
