Approval of Design-Build Contract; Project Design and Construction Documentation. (a) The Department has hereby approved the Design Build Contractor and the Design-Build Contract, including the schedules, exhibits and other attachments thereto, in substantially the form attached hereto as Exhibit F. Approval by the Department of the Design Build Contractor and the Design-Build Contract shall not constitute the Department’s waiver of any terms or requirements of this Agreement. The Design-Build Contract shall not impose obligations on the Department; the Department’s Work Period obligations are provided in this Agreement. The Department shall be a third party beneficiary of the Design-Build Contract. The Concessionaire shall not amend or modify the Design-Build Contract without the prior written consent of the Department; provided, however, that the Department’s consent shall not be required with respect to change orders that neither: (i) constitute a change in the scope of the Work or Deviations from the Technical Requirements nor (ii) result in increases in the time to complete the Work pursuant to this Agreement or the imposition or enlargement of any of the Department’s costs, liabilities or obligations. The Concessionaire shall provide the Department with notice of all proposed change orders whether or not the Department’s consent is required. (b) The Concessionaire shall submit to the Department accurate and complete copies of all Design Documentation and Construction Documentation relating to the Work at such times as and when such documentation is delivered by the Design Build Contractor to the Concessionaire under the Design-Build Contract. The Concessionaire shall have the right to amend, supplement or otherwise modify the Design Documentation or the Construction Documentation or any part thereof without the approval of the Department; provided, however, that the Department’s approval shall be required with respect to amendments, supplements or modifications that either: (i) constitute a change in the scope of the Work or Deviations from the Technical Requirements, or (ii) result in increases in the time to complete the Work or the imposition or enlargement of any of the Department’s costs, liabilities or obligations. The Concessionaire shall provide the Department notice of all proposed amendments, supplements and amendments whether or not the Department’s consent is required. (c) The Concessionaire shall provide the Department with a schedule of its proposed submittals of Design Documentation and Construction Documentation (which schedule shall be updated periodically as necessary) so as to facilitate the Department’s coordination and review of such Documents, and shall complete quality assurance reviews of all Design Documentation and Construction Documentation to ensure that they are accurate and complete and comply with the requirements of this Agreement and the Technical Requirements included as Exhibit N prior to any submission to the Department. Whenever the Department is entitled to review and comment on, or to affirmatively approve the Design Documentation and Construction Documentation and other items submitted in accordance with this Agreement or the Technical Requirements, the Department shall respond within 21 days after the Department’s acknowledgement of receipt. In the event that the Department fails to respond in 21 days, such failure by the Department to respond shall be deemed approval, except to the extent that submittals deviate from the Technical Requirements, Regulatory Approvals or applicable Law. If the Department has responded, the Concessionaire shall respond to all of the Department’s comments and objections and, to the extent Department approval is required pursuant hereto, make modifications to the Design Documentation and Construction Documentation necessary to fully reflect and resolve all such comments and objections, and resubmit such documentation to the Department for its review and approval in accordance with the foregoing procedures. (d) The Concessionaire shall provide Department with five sets (together with one electronic version in a format acceptable to the Department) of the following interim design submissions for approval, which submissions generally correspond to the Department’s concurrent engineering process: (i) Design Public Hearing Documentation; (ii) Design Documentation for Field Inspection and Right-of-Way (“FI/RW”); and (iii) Construction Documentation issued for construction. (A) On or about the time of the scheduled submissions, the Concessionaire shall meet with the Department and shall identify during such meetings, among other things, the evolution of the design and any significant changes or deviations from the contract documents, or, if applicable, previous design submissions. Minutes of the meetings will be maintained by the Concessionaire and provided to all attendees for review. (B) Construction Documentation shall set forth in detail drawings and specifications describing the requirements for construction of the Work, in full compliance with all Law and Regulatory Approvals. The Construction Documentation shall be consistent with the latest set of interim design submissions; as such submissions may have been modified in a design review meeting, as agreed upon in writing, and shall be submitted after Concessionaire has obtained all requisite Regulatory Approvals associated with the Work contained in such documents. Concessionaire shall proceed with construction in accordance with the approved Construction Documentation and shall submit five sets (together with an electronic copy in a format acceptable to the Department) of approved Construction Documentation to Department prior to commencement of construction. (C) In addition, the Concessionaire shall cause the Design Build Contractor to permit the Department and its agents and consultants access to its FTP website for purposes of viewing and downloading copies of all Construction Documentation, Design Documentation and any other documents relevant to the design or construction of the Project. (e) Department’s review, comment and/or approval of interim design submissions and the Construction Documentation are for the purpose of establishing Concessionaire’s compliance with the requirements of this Agreement and mutually establishing a conformed set of contract documents compatible with the requirements of the Work.
Appears in 3 contracts
Sources: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement