Common use of Project Construction Impacts Clause in Contracts

Project Construction Impacts. a. Twenty-one (21) days prior to TDI-NE’s submission of final design plans to the PSB, TDI- NE shall submit to the Town (in electronic form and, if requested, in hard copy form) for review and approval those same plans for any work that abuts, joins or requires alteration of any town highways or trails (including work that affects drainage along, across, above or below town highways). Plans approved by the PSB and VTrans shall be deemed sufficient. If, in the Town’s judgment, other plans that have not received such approval lack sufficient detail, the Town will so inform TDI-NE, and plans satisfactory to the Town shall be provided. The Town shall have twenty-one (21) calendar days after submittal of plans satisfactory to it to approve the plans, such approval not to be unreasonably withheld, conditioned, or delayed. No construction on Xxxxxx town roads shall commence until the Town provides such approval. Failure of the Town to act within this time period shall constitute approval of such plans. b. TDI-NE shall repair or correct any damage to town highways, drainage structures, or other Town-owned infrastructure caused by TDI-NE or its contractors during construction of the Project within one week of the occurrence of such damage, unless weather conditions prevent repairs, the repairs are too extensive to repair within one week, or other unforeseen circumstances beyond TDI-NE’s control. In such an event, the repairs shall be made within one week after the intervening event abates sufficiently to allow repairs. Should TDI-NE fail to make such repairs in this period of time after receiving actual notice of the damage and the resulting conditions pose undue risks to public safety or the environment, the Town may elect to make the repairs itself. In such an event, TDI-NE shall pay all costs associated with the repairs. Alterations to town highways or Town-owned property that are consistent with Project plans approved by the PSB and by the Town will not constitute “damage” within the meaning of this section. Inspections of the Project shall be conducted by VTrans on behalf of the Town. c. TDI-NE shall provide to the Town the final “as-built” drawings (in electronic form and, if requested, in hard copy form) for any improvements on town highways or Town-owned property and shall provide as-built or equivalent drawings of the site work within a reasonable period of time after completion of construction activities within the Town. TDI-NE shall correct all problems related to construction of the Project within Town rights-of-way that are identified by a qualified third party inspector the selection of whom shall be mutually agreed upon by the Parties, within 90 days of their identification or such other commercially reasonable period of time as necessitated due to circumstances beyond TDI-NE’s control. The provisions of Attachment I shall also apply to the plans and work covered under this section. d. Notwithstanding the Town’s approval rights specified above, the Parties acknowledge that the PSB has ultimate review and approval authority over all Project plans. Any action taken by the Town hereunder may not be materially inconsistent with, or have the effect of altering or modifying, any order, judgment, decision or approval of the PSB, pursuant to 30 V.S.A. § 224; provided, however, that the Town does not waive any rights to present a case at the PSB consistent with Section 10 below, nor does it concede that it lacks any jurisdiction that it has by law. The Town shall retain the right to appeal a PSB decision regarding the Project, limited to the following: (i) the PSB decision is materially inconsistent with the Project as proposed by TDI-NE and reflected in this agreement (including any significant or material project changes of which TDI-NE has notified the Town and to which the Town has objected), and (ii) the PSB decision creates additional material burdens to the Town over and above any associated with the Project as originally proposed by TDI- NE, and those burdens are not otherwise mitigated by TDI-NE. Provided, however, that nothing in this paragraph shall diminish the rights of the Town to control and have authority over its rights–of-way and the location of Equipment in those rights-of-way subject to all applicable law under Titles 30 and 32 of the Vermont statutes. e. The Town represents that any approvals or permission given hereunder shall satisfy all its rights and obligations under local ordinances and state statutes.

Project Construction Impacts. a. Twenty-one (21) days prior to Concurrent with TDI-NE’s submission of final design plans to the PSB, TDI- TDI-NE shall submit to the Town (in electronic form and, if requested, in hard copy form) for review and approval those same plans for any work that abuts, joins or requires alteration of any town highways or trails (including work that affects drainage along, across, above or below town highways). Plans approved by the PSB and VTrans shall be deemed sufficient. If, in the Town’s judgment, other plans that have not received such approval lack sufficient detail, the Town will so inform TDI-NE, and plans satisfactory to the Town shall be provided. The Town shall have twenty-one (21) calendar days after submittal of plans satisfactory to it to approve the plans, such approval not to be unreasonably withheld, conditioned, or delayed. No construction on Xxxxxx town roads shall commence until the Town provides such approval. Failure of the Town to act within this time period shall constitute approval of such plans. b. TDI-NE shall promptly repair or correct any damage to town highways, drainage structures, or other Town-owned infrastructure caused by TDI-NE or its contractors during construction of the Project within one week of the occurrence of such damage, unless weather conditions prevent repairs, the repairs are too extensive to repair within one week, or other unforeseen circumstances beyond TDI-NE’s control. In such an event, the repairs shall be made within one week after the intervening event abates sufficiently to allow repairsProject. Should TDI-NE fail to make such repairs in this a reasonable period of time after receiving actual notice of the damage and the resulting conditions pose undue risks to public safety or the environment, the Town may elect to make the repairs itself. In such an event, TDI-NE shall pay all reasonable costs associated with the repairs. Alterations to town Town highways or Town-owned property that are consistent with Project plans approved by the PSB and by the Town will not constitute “damage” within the meaning of this section. Inspections of the Project shall be conducted by VTrans on behalf of the Town.in accordance with Attachment I. c. TDI-NE shall provide to the Town the final “as-built” drawings (in electronic form and, if requested, in hard copy form) for any improvements on town highways or Town-owned property and shall provide as-built or equivalent drawings of the site work within a reasonable period of time after completion of construction activities within the Town. TDI-NE shall correct all problems related to construction of the Project within Town rights-of-way that are identified by a qualified third party inspector the selection of whom shall be mutually agreed upon by the Parties, within 90 days of their identification or such other commercially reasonable period of time as necessitated due to circumstances beyond TDI-NE’s control. The provisions of Attachment I shall also apply to the plans and work covered under this section. d. Notwithstanding the Town’s approval rights specified above, the Parties acknowledge that the PSB has ultimate review and approval authority over all Project plans. Any action taken by the Town hereunder may not be materially inconsistent with, or have the effect of altering or modifying, any order, judgment, decision or approval of the PSB, pursuant to 30 V.S.A. § 224; provided, however, that the Town does not waive any rights to present a case at the PSB consistent with Section 10 below, nor does it concede that it lacks any jurisdiction that it has by law. The Town shall retain the right to appeal a PSB decision regarding the Project, limited to the following: (i) the PSB decision is materially inconsistent with the Project as proposed by TDI-NE and reflected in this agreement (including any significant or material project changes of which TDI-NE has notified the Town and to which the Town has objected), and (ii) the PSB decision creates additional material burdens to the Town over and above any associated with the Project as originally proposed by TDI- NE, and those burdens are not otherwise mitigated by TDI-NE. Provided, however, that nothing in this paragraph shall diminish the rights of the Town to control and have authority over its rights–of-way and the location of Equipment in those rights-of-way subject to all applicable law under Titles 30 and 32 of the Vermont statutes. e. The Town represents that any approvals or permission given hereunder shall satisfy all its rights and obligations under local ordinances and state statutes; provided, however, that the Town makes no representations concerning the Project’s compliance with municipal zoning bylaws, due its exemption therefrom under 24 V.S.A. § 4413(b) as a Section 248 electric transmission facility.