Common use of Contract Development Clause in Contracts

Contract Development. (a) The SPONSOR shall, by contract or with its own forces, be responsible for preparation of all plans, specifications and estimates ("P.S.&E.") for the Project. The DEPARTMENT's list of the essential documents to be prepared by the SPONSOR, entitled “Plans, Specifications, Estimates and Bid Proposal Package,” is attached to and made part of this Agreement as Exhibit “B.” All work shall be in conformance with applicable state and federal laws and requirements, including, but not limited to, those outlined in the Federal-Aid Policy Guide, Chapter I, Subchapter G and the most current version of the Stewardship and Oversight Agreement between the DEPARTMENT and the FHWA. The Stewardship and Oversight Agreement is contained in DEPARTMENT Publication 10X and is accessible online at ▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/public/Bureaus/design/PUB10/PUB10X/Pub10X_Cover.pdf. (b) All bid documents shall require that the contractor be prequalified by the DEPARTMENT, unless the DEPARTMENT, in writing, waives prequalification. (c) Upon completion of all required bid documents, the SPONSOR shall submit them to the DEPARTMENT for review and approval. The DEPARTMENT, subject to reimbursement by the SPONSOR for its costs, shall be responsible for letting and award of the contract for construction of the Project, as provided below in Paragraph 10, and, after satisfaction of the conditions set forth in subparagraph (d) below, shall populate the Engineering and Construction Management System (“ECMS”) with all required bid documents (except for those limited instances where the SPONSOR has requested and received the DEPARTMENT’s approval to conduct a paper let instead of having the Project administered through ECMS, in which case DEPARTMENT policies and procedures for projects not administered in ECMS shall apply). (d) The DEPARTMENT shall advertise for bids through ECMS upon: (i) FHWA authorization of the Project; (ii) Approval of a right-of-way certification (if applicable); (iii) Approval of a utility clearance certification; (iv) Completion of P.S.&E. review; and (v) Satisfactory resolution of any comments. (e) The DEPARTMENT must review and approve any addenda to the approved bid documents prior to their issuance to prospective bidders. Issuance of addenda shall occur no later than three (3) calendar days before the proposed bid opening.

Contract Development. (a) The SPONSOR shall, by contract or with its own forces, be responsible for preparation of all plans, specifications and estimates ("P.S.&E.") for the Project. The DEPARTMENT's list of the essential documents to be prepared by the SPONSOR, entitled “Plans, Specifications, Estimates and Bid Proposal Package,” is attached to and made part of this Agreement as Exhibit “B.” All work shall be in conformance with applicable state and federal laws and requirements, including, but not limited to, those outlined in the Federal-Aid Policy Guide, Chapter I, Subchapter G and the most current version of the Stewardship and Oversight Agreement between the DEPARTMENT and the FHWA. The Stewardship and Oversight Agreement is contained in DEPARTMENT Publication 10X and is accessible online at ▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/public/Bureaus/design/PUB10/PUB10X/Pub10X_Cover.pdf. (b) All bid documents shall require that the contractor be prequalified by the DEPARTMENT, unless the DEPARTMENT, in writing, waives prequalification. (c) Upon completion of all required bid documents, the SPONSOR shall submit them to the DEPARTMENT for review and approval. The DEPARTMENT, subject to reimbursement by the SPONSOR for its costs, shall be responsible for letting and award of the contract for construction of the Project, as provided below in Paragraph 10, and, after satisfaction of the conditions set forth in subparagraph (d) below, shall populate the Engineering and Construction Management System (“"ECMS”") with all required bid documents (except for those limited instances where the SPONSOR has requested and received the DEPARTMENT’s approval to conduct a paper let instead of having the Project administered through ECMS, in which case DEPARTMENT policies and procedures for projects not administered in ECMS shall apply). (d) The DEPARTMENT shall advertise for bids through ECMS upon: (i) FHWA authorization of the Project; (ii) Approval of a right-of-way certification (if applicable); (iii) Approval of a utility clearance certification; (iv) Completion of P.S.&E. review; and (v) Satisfactory resolution of any comments. (e) The DEPARTMENT must review and approve any addenda to the approved bid documents prior to their issuance to prospective bidders. Issuance of addenda shall occur no later than three (3) calendar days before the proposed bid opening.