Construction Management and Coordination. (a) The Concessionaire Representative and the Department Representative shall be reasonably available to each other and shall have the necessary authority, expertise and experience required to oversee and communicate with respect to the Work (b) The Department’s and the Concessionaire’s project manager and senior representatives and other pertinent representatives of the parties shall meet within seven days after the Closing Date to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and approvals, to facilitate the ability of the parties to perform their obligations under this Agreement. (c) The Concessionaire shall hold monthly progress meetings with the Department. During such meetings, progress during the prior month shall be reviewed and the Concessionaire shall collect information from any key subcontractors/sub-consultants responsible for work completed during the specified duration and work scheduled during the upcoming reporting duration. These meetings shall be attended by the Concessionaire Representative and other personnel as requested by the Department. Meetings will occur monthly beginning the month after the Closing Date. The Concessionaire shall be responsible for preparing, maintaining and distributing minutes of the meetings to all attendees for review. The meeting minutes shall be provided to the Department within two calendar days after the monthly progress meeting. (d) The Initial Baseline Schedule attached as Exhibit O shall be the basis for monitoring the Concessionaire’s performance of the Work until such time as a Baseline Schedule has been approved by the Department in accordance with subsection (e) below. The Baseline Schedule shall provide for a Guaranteed Substantial Completion Date in accordance with Section 7.01(e). (e) Within 60 days of the date the Work Commencement Approval is issued, the Concessionaire shall submit to the Department, for its review and approval, a CPM schedule that includes among other things: (i) the order in which the Concessionaire proposes to carry out of the Work (including each stage of the design, Rights of Way acquisition, Regulatory Approvals (including but not limited to permit acquisition), procurement, manufacture, delivery to Site, construction, inspection and testing); and (ii) the times when submissions to, and approvals or consents by, the Department are required (provided, however, that such times shall be no less than 21 days). This schedule shall be resource-loaded, broken down into work packages and in deliverables generally completed within 30 days, with the dollar value (price) of each deliverable being identified, and is otherwise in compliance with the Technical Requirements and in a form acceptable to the Department. If the Department does not approve such submission, the Concessionaire shall resubmit a revised schedule to the Department within seven days of its receipt of the Department’s comments on such schedule. This process shall continue until such time as a schedule is so approved by the Department (as updated or revised pursuant to this Agreement, the “Baseline Schedule”). The Concessionaire shall submit proposed updates to the Baseline Schedule for the Department’s review and approval, following the process outlined in this section, whenever there are changes that materially impact the critical path or the Guaranteed Substantial Completion Date. Otherwise, monthly schedule updates shall be provided by the Concessionaire as noted below. (f) As part of, and in conjunction with, the monthly meetings required by Section 7.06 (c) above, the Concessionaire shall provide the Department with any proposed update of the Baseline Schedule for the Department’s review, and, if required under this Section 7.06 (other than Section 7.06(f)), approval, and a progress narrative that describes, at a minimum, the overall progress for the preceding month, a critical path analysis, a discussion of problems encountered and proposed solutions thereof, work calendars, constraints, delays experienced and any pending Time Impact Analysis (“TIA”), float consumption as a result of either Department and, Concessionaire, and/or Design Build Contractor delays, documentation of any logic changes, duration changes, resource changes or other relevant changes. The monthly progress narrative shall also include the following: (i) Comparisons of actual and planned progress, including: (1) illustrating schedule variance graphically by plotting the budgeted cost of work performed (“BCWP”) and the budgeted cost of work scheduled (“BCWS”); and (2) reporting the schedule performance index (“SPI”), defined as the ratio of BCWP divided by BCWS; and (ii) Statement by the Concessionaire that this is the only schedule being executed to perform the Work; and (iii) Details of any aspects of the Work which may jeopardize the completion in accordance with the Agreement; and (iv) Measures being (or to be) adopted to overcome such aspects and a list of approvals needed to adopt such measures. (g) If the Department believes that the Baseline Schedule needs a specific revision, either in logic, activity duration, manpower or cost, it will be requested from the Concessionaire in writing. The Concessionaire shall respond in writing within seven days, either agreeing with the Department’s proposed revision, and henceforth including it in the next Baseline Schedule update, or providing justification why it should not be accomplished. If revisions cannot be agreed upon either through written correspondence or subsequent meetings, the Department and Concessionaire shall agree to attempt to resolve the issues through the dispute resolution process described in Section 17.06. At no time shall the Concessionaire continue to reflect items of non- concurrence from the Department in Baseline Schedule updates. (h) The Concessionaire shall submit two copies in electronic format of the Baseline Schedule, including updates and narratives. A CD-ROM containing the latest Baseline Schedule update in electronic format shall be submitted for each schedule iteration along with two color coded plots of the current Time Scaled Logic Diagram, which shall be neatly organized and plotted time scaled from left to right on 11”x17” sheets with suitable notation relating the interface points among sheets. Time Scaled Logic Diagrams shall clearly depict the critical path, as well as activity identifications, activity descriptions, original durations, early start, early finish, late start, late finish, and actual dates as applicable. This process shall continue until Final Completion. The Concessionaire shall use Primavera Project Planner P3 v 3.1 software as the format for the Baseline Schedule and all updates. The Concessionaire shall also provide two licenses with maintenance agreements covering the entire construction duration from Primavera Project Planner P3 v 3.1 to the Department to enable it to access and analyze all such schedules. (i) The Concessionaire shall, whenever required by the Department, provide in writing a general description of the arrangements and methods which the Concessionaire proposes to adopt for the execution of the Work. No significant alteration to the Baseline Schedule, or to such arrangements and methods, shall be made without informing the Department and any alterations made shall reflect the requirement for coordination of the Work with the actions and obligations of the Department and the work to be carried out by the Department’s separate contractors, if any. If any alteration affects any such actions, obligations or work, it shall not be made without the prior approval of the Department. If the progress of the Work does not conform to the Baseline Schedule, as updated herein, the Concessionaire will reasonably consider revisions to the Baseline Schedule proposed by the Department, to achieve completion within the timeframe set forth in the Agreement. (j) The parties further agree to abide by the terms and procedures set forth in the Technical Requirements pertaining to project management and coordination matters. (k) Whenever the Department is required to respond to the Concessionaire’s request for the Department’s approval or consent pursuant to this Article 7 (whether or not failure to respond is deemed approval or consent), the Department shall be deemed to have responded if it has notified the Concessionaire, within the applicable time period, that the Department requires additional time to obtain information or to perform reviews necessary or appropriate for a complete response.
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Sources: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Construction Management and Coordination. (a) The Concessionaire Representative and the Department Representative shall be reasonably available to each other and shall have the necessary authority, expertise and experience required to oversee and communicate with respect to the Work.
(b) The Department’s and the Concessionaire’s project manager and senior representatives and other pertinent representatives of the parties shall meet within seven days after the Closing Date or the NEXT Financial Close Date, as applicable, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and approvals, to facilitate the ability of the parties to perform their obligations under this Agreement.
(c) The Concessionaire shall hold monthly progress meetings with the Department. During such meetings, progress during the prior month shall be reviewed and the Concessionaire shall collect information from any key subcontractors/sub-consultants responsible for work completed during the specified duration and work scheduled during the upcoming reporting duration. These meetings shall be attended by the Concessionaire Representative and other personnel as requested by the Department. Meetings will occur monthly beginning the month after the Closing Date or the NEXT Financial Close Date, as applicable. The Concessionaire shall be responsible for preparing, maintaining and distributing minutes of the meetings to all attendees for review. The meeting minutes shall be provided to the Department within two calendar days after the monthly progress meeting.
(d) The Initial Baseline Schedule attached as Exhibit O O-1 shall be the basis for monitoring the Concessionaire’s performance of the Work for the Original Project until such time as a Baseline Schedule has been approved by the Department in accordance with subsection (e) below. The Baseline Schedule for the Original Project shall provide for a Guaranteed Substantial Completion Date in accordance with Section 7.01(e). The Initial NEXT Baseline Schedule shall be delivered to the Department on or prior to October 1, 2021 and such schedule shall be attached hereto as Exhibit O-2 (without further action of the Concessionaire or the Department); such Initial NEXT Baseline Schedule shall be the basis for monitoring the Concessionaire’s performance of the Work for the NEXT Project until such time as a NEXT Baseline Schedule has been approved by the Department in accordance with subsection (e) below. The NEXT Baseline Schedule shall provide for a NEXT Guaranteed Final Completion Date in accordance with Section 7.01(e).
(e) Within 60 days of the date the applicable Work Commencement Approval is issued, the Concessionaire shall submit to the Department, for its review and approval, a CPM schedule that includes among other things: (i) the order in which the Concessionaire proposes to carry out of the Work (including each stage of the design, Rights of Way acquisition, Regulatory Approvals (including but not limited to permit acquisition), procurement, manufacture, delivery to Site, construction, inspection and testing); and (ii) the times when submissions to, and approvals or consents by, the Department are required (provided, however, that such times shall be no less than 21 days). This schedule shall be resource-loaded, broken down into work packages and in deliverables generally completed within 30 days, with the dollar value (price) of each deliverable being identified, and is otherwise in compliance with the Technical Requirements and in a form acceptable to the Department. If the Department does not approve such submission, the Concessionaire shall resubmit a revised schedule to the Department within seven days of its receipt of the Department’s comments on such schedule. This process shall continue until such time as a schedule is so approved by the Department (as updated or revised pursuant to this Agreement, the “Baseline Schedule” or with respect to the NEXT Project, the “NEXT Baseline Schedule”). The Concessionaire shall submit proposed updates to the applicable Baseline Schedule for the Department’s review and approval, following the process outlined in this section, whenever there are changes that materially impact the critical path or the Guaranteed Substantial Completion Date or the NEXT Guaranteed Final Completion Date, as applicable. Otherwise, monthly schedule updates shall be provided by the Concessionaire as noted below.
(f) As part of, and in conjunction with, the monthly meetings required by Section 7.06 (c7.06(c) above, the Concessionaire shall provide the Department with any proposed update of the applicable Baseline Schedule for the Department’s review, and, if required under this Section 7.06 (other than Section 7.06(f)), approval, and a progress narrative that describes, at a minimum, the overall progress for the preceding month, a critical path analysis, a discussion of problems encountered and proposed solutions thereof, work calendars, constraints, delays experienced and any pending Time Impact Analysis (“TIA”), float consumption as a result of either Department and, Concessionaire, and/or Design Design-Build Contractor delays, documentation of any logic changes, duration changes, resource changes or other relevant changes. The monthly progress narrative shall also include the following:
(i) Comparisons of actual and planned progress, including: (1) illustrating schedule variance graphically by plotting the budgeted cost of work performed (“BCWP”) and the budgeted cost of work scheduled (“BCWS”); and (2) reporting the schedule performance index (“SPI”), defined as the ratio of BCWP divided by BCWS; and
(ii) Statement by the Concessionaire that this is the only schedule being executed to perform the Work; and
(iii) Details of any aspects of the Work which may jeopardize the completion in accordance with the this Agreement; and
(iv) Measures being (or to be) adopted to overcome such aspects and a list of approvals needed to adopt such measures.
(g) If the Department believes that the applicable Baseline Schedule needs a specific revision, either in logic, activity duration, manpower or cost, it will be requested from the Concessionaire in writing. The Concessionaire shall respond in writing within seven days, either agreeing with the Department’s proposed revision, and henceforth including it in the next applicable Baseline Schedule update, or providing justification why it should not be accomplished. If revisions cannot be agreed upon either through written correspondence or subsequent meetings, the Department and Concessionaire shall agree to attempt to resolve the issues through the dispute resolution process described in Section 17.06. At no time shall the Concessionaire continue to reflect items of non- non-concurrence from the Department in the applicable Baseline Schedule updates.
(h) The Concessionaire shall submit two copies in electronic format of the applicable Baseline Schedule, including updates and narratives. A CD-ROM (or other medium agreed by the Department) containing the latest applicable Baseline Schedule update in electronic format shall be submitted for each schedule iteration along with two color coded plots of the current Time Scaled Logic Diagram, which shall be neatly organized and plotted time scaled from left to right on 11”x17” sheets with suitable notation relating the interface points among sheets. Time Scaled Logic Diagrams shall clearly depict the critical path, as well as activity identifications, activity descriptions, original durations, early start, early finish, late start, late finish, and actual dates as applicable. This process shall continue until Final Acceptance or NEXT Final Completion, as applicable. The Concessionaire shall use the latest version of Primavera Project Planner P3 v 3.1 software as the format for the applicable Baseline Schedule and all updates. The Concessionaire shall also provide two licenses with maintenance agreements covering the entire construction duration from Primavera Project Planner P3 v 3.1 to the Department to enable it to access and analyze all such schedules.
(i) The Concessionaire shall, whenever required by the Department, provide in writing a general description of the arrangements and methods which the Concessionaire proposes to adopt for the execution of the Work. No significant alteration to the applicable Baseline Schedule, or to such arrangements and methods, shall be made without informing the Department and any alterations made shall reflect the requirement for coordination of the Work with the actions and obligations of the Department and the work to be carried out by the Department’s separate contractors, if any. If any alteration affects any such actions, obligations or work, it shall not be made without the prior approval of the Department. If the progress of the Work does not conform to the applicable Baseline Schedule, as updated herein, the Concessionaire will reasonably consider revisions to the applicable Baseline Schedule proposed by the Department, to achieve completion within the timeframe set forth in the this Agreement.
(j) The parties further agree to abide by the terms and procedures set forth in the Technical Requirements pertaining to project management and coordination matters.
(k) Whenever the Department is required to respond to the Concessionaire’s request for the Department’s approval or consent pursuant to this Article 7 (whether or not failure to respond is deemed approval or consent), the Department shall be deemed to have responded if it has notified the Concessionaire, within the applicable time period, that the Department requires additional time to obtain information or to perform reviews necessary or appropriate for a complete response.
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