Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project. 2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan. 2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2. 2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement. 2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- Directed Change in accordance with Section 13. 2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 3 contracts
Sources: Development Agreement, Development Agreement, Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract DocumentsCDA documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract CDA Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions provision that Developer believed were the minimum necessary to render the provisions it correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.not
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 2 contracts
Sources: Comprehensive Development Agreement, Comprehensive Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safeor to correct a potentially unsafe condition, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any Except as set forth in Section 2.1.2.4, any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations Laws adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Texas Department of Transportation RFP Addendum 1 2 SH 99 Grand Parkway Project 9 Development Agreement Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions provision that Developer believed were the minimum necessary to render the provisions it correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Texas Department of Transportation RFP Addendum 1 2 SH 99 Grand Parkway Project June 19July 2, 2012 10 Development Agreement Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract DocumentsCDA documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract CDA Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions provision that Developer believed were the minimum necessary to render the provisions it correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract CDA Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Comprehensive Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Texas Department of Transportation RFP Addendum #3 Loop 375 – Border Highway West Extension Project 10 Development Agreement February 18, 2014 Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safeor to correct a potentially unsafe condition, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any Except as set forth in Section 2.1.2.4, any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions provision that Developer believed were the minimum necessary to render the provisions it correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer DB Contractor shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Texas Department of Transportation RFP Addendum #4 SH 99 Grand Parkway Segments H, I-1 & I-2 October 1, 2015 12 Design-Build Agreement Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer DB Contractor acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous erroneous, conflicting or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer DB Contractor believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and or to correct a potentially unsafe condition safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer DB Contractor neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer DB Contractor knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer DB Contractor commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer DB Contractor shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer DB Contractor may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for DB Contractor requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer DB Contractor shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer DB Contractor applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any Except as set forth in Section 2.1.2.4, any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standardssafety standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues statutes or regulations, shall be treated as Changes in Law rather than a TxDOT change TxDOT-Directed Change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Design Build Agreement
Performance Standards; Deviations. 2.1.2.1 Developer DB Contractor shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Texas Department of Transportation RFP Addendum #1 SH 99 Grand Parkway Segments H, I-1 & I-2 June 25, 2015 12 Design-Build Agreement Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer DB Contractor acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous erroneous, conflicting or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer DB Contractor believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and or to correct a potentially unsafe condition safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer DB Contractor neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer DB Contractor knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer DB Contractor commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer DB Contractor shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer DB Contractor may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for DB Contractor requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer DB Contractor shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer DB Contractor applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any Except as set forth in Section 2.1.2.4, any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standardssafety standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues statutes or regulations, shall be treated as Changes in Law rather than a TxDOT change TxDOT-Directed Change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Design Build Agreement
Performance Standards; Deviations. 2.1.2.1 Developer 2.1.2.1. DB Contractor shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract DBA Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract DBA Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, (g) the Safety and Health Plan, and (gh) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 2.1.2.2. The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer 2.1.2.3. DB Contractor acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous erroneous, conflicting or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer DB Contractor believed were the minimum necessary to render the provisions correct and and/or to render a potentially unsafe condition safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer DB Contractor neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer DB Contractor knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer DB Contractor commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer DB Contractor shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract DBA Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer 2.1.2.4. DB Contractor may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for DB Contractor requests a Deviation as part of the submittal Submittal of a component plan of the Project Management Plan, Developer DB Contractor shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing a written document signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.and
Appears in 1 contract
Sources: Design Build Agreement
Performance Standards; Deviations. 2.1.2.1 Developer 2.1.2.1. DB Contractor shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 2.1.2.2. The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.. Texas Department of Transportation US 77 Upgrade from Kingsville to ▇▇▇▇▇▇▇▇ Project 9 Final RFP Addendum 1 Design-Build Agreement September 5October 3, 2012
2.1.2.3 Developer 2.1.2.3. DB Contractor acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions provision that Developer DB Contractor believed were the minimum necessary to render the provisions it correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safeor to correct a potentially unsafe condition, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer DB Contractor neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer DB Contractor knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer DB Contractor commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer DB Contractor shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer 2.1.2.4. DB Contractor may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for DB Contractor requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer DB Contractor shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing a written document signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.and
Appears in 1 contract
Sources: Design Build Agreement
Performance Standards; Deviations. 2.1.2.1 Developer DB Contractor shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Texas Department of Transportation RFP Addendum #6A SH 99 Grand Parkway Segments H, I-1 & I-2 September 1, 2016 12 Design-Build Agreement Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer DB Contractor acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous erroneous, conflicting or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer DB Contractor believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and or to correct a potentially unsafe condition safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer DB Contractor neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer DB Contractor knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer DB Contractor commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer DB Contractor shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer DB Contractor may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for DB Contractor requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer DB Contractor shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer DB Contractor applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any Except as set forth in Section 2.1.2.4, any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standardssafety standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues statutes or regulations, shall be treated as Changes in Law rather than a TxDOT change TxDOT-Directed Change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Design Build Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither Texas Department of Transportation RFP Addendum 67 IH 35E Managed Lanes Project 9 Development Agreement October 19,November 2, 2012 knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer DB Contractor shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Texas Department of Transportation RFP Addendum #6 SH 99 Grand Parkway Segments H, I-1 & I-2 August 12, 2016 12 Design-Build Agreement Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer DB Contractor acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous erroneous, conflicting or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer DB Contractor believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and or to correct a potentially unsafe condition safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer DB Contractor neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer DB Contractor knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer DB Contractor commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer DB Contractor shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer DB Contractor may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for DB Contractor requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer DB Contractor shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer DB Contractor applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any Except as set forth in Section 2.1.2.4, any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standardssafety standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues statutes or regulations, shall be treated as Changes in Law rather than a TxDOT change TxDOT-Directed Change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Design Build Agreement
Performance Standards; Deviations. 2.1.2.1 Developer DB Contractor shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Texas Department of Transportation RFP Addendum #2 SH 99 Grand Parkway Segments H, I-1 & I-2 August 17, 2015 12 Design-Build Agreement Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer DB Contractor acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous erroneous, conflicting or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer DB Contractor believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and or to correct a potentially unsafe condition safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer DB Contractor neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer DB Contractor knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer DB Contractor commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer DB Contractor shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer DB Contractor may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for DB Contractor requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer DB Contractor shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer DB Contractor applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any Except as set forth in Section 2.1.2.4, any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standardssafety standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues statutes or regulations, shall be treated as Changes in Law rather than a TxDOT change TxDOT-Directed Change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Design Build Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safeor to correct a potentially unsafe condition, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Whe re Developer applies for a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any Except as set forth in Section 2.1.2.4, any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations Laws adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Development Agreement
Performance Standards; Deviations. 2.1.2.1 Developer DB Contractor shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Final Design Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.. Texas Department of Transportation SH 249 Extension Project 10 Request for Proposals Design-Build Agreement September 28, 2016
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer DB Contractor acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous erroneous, conflicting or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer DB Contractor believed were the minimum necessary to render the provisions correct and and/or to render a potentially unsafe condition safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safeor to correct a potentially unsafe condition, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer DB Contractor neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer DB Contractor knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer DB Contractor commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer DB Contractor shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer DB Contractor may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the ProjectProject in accordance with Section 13.12. All applications for Deviations shall be in writing. Where Developer applies for DB Contractor requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer DB Contractor shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer DB Contractor applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process Except as set forth in Section Texas Department of Transportation SH 249 Extension Project September 28, 2016 11 Request for a TxDOT- Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.Proposals Design-Build Agreement
Appears in 1 contract
Sources: Design Build Agreement
Performance Standards; Deviations. 2.1.2.1 Developer DB Contractor shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract Documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Texas Department of Transportation RFP Addendum #5 SH 99 Grand Parkway Segments H, I-1 & I-2 October 22, 2015 12 Design-Build Agreement Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer DB Contractor acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous erroneous, conflicting or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions that Developer DB Contractor believed were the minimum necessary to render the provisions correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and or to correct a potentially unsafe condition safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer DB Contractor neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer DB Contractor knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer DB Contractor commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer DB Contractor shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer DB Contractor may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for DB Contractor requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer DB Contractor shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer DB Contractor applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any Except as set forth in Section 2.1.2.4, any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standardssafety standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues statutes or regulations, shall be treated as Changes in Law rather than a TxDOT change TxDOT-Directed Change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Design Build Agreement
Performance Standards; Deviations. 2.1.2.1 Developer shall furnish all aspects of the Work and shall construct the Project and/or Utility Adjustments included in the Work as designed, free from defects (except to the extent that such defects are inherent in prescriptive specifications required under the Contract DocumentsCDA documents) and in accordance with: (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the Contract CDA Documents, (c) the Project Schedule, (d) all Laws, (e) the requirements, terms and conditions set forth in all Governmental Approvals, (f) the approved Project Management Plan and all component plans prepared or to be prepared thereunder, and (g) the Construction Documents, in each case taking into account the Project ROW limits and other constraints affecting the Project.
2.1.2.2 The Project design and construction shall be subject to certification pursuant to the procedure contained in the approved Quality Management Plan.
2.1.2.3 Developer acknowledges that prior to the Effective Date it had the opportunity to identify any provisions of the Technical Provisions that are erroneous or create a potentially unsafe condition, and the opportunity and duty to notify TxDOT in writing of such fact and of the changes to the provisions provision that Developer believed were the minimum necessary to render the provisions it correct and safe. If it is reasonable or necessary to adopt changes to the Technical Provisions after the Effective Date to make the provisions correct and safe, such changes shall not be grounds for any adjustment to the Price, Completion Deadline or other Claim, unless: (a) Developer neither knew nor had reason to know prior to the Effective Date that the provision was erroneous or created a potentially unsafe condition or (b) Developer knew of and reported to TxDOT the erroneous or potentially unsafe provision prior to the Effective Date and TxDOT did not adopt reasonable and necessary changes. If Developer commences or continues any Work affected by such a change after the need for the change was discovered or suspected, or should have been discovered or suspected through the exercise of reasonable care, Developer shall bear any additional costs associated with redoing the Work already performed. Inconsistent or conflicting provisions of the Contract CDA Documents shall not be treated as erroneous provisions under this Section 2.1.2.3, but instead shall be governed by Section 1.2.
2.1.2.4 Developer may apply for TxDOT approval of Deviations from applicable Technical Provisions regarding the design or construction of the Project. All applications for Deviations shall be in writing. Where Developer applies for requests a Deviation as part of the submittal of a component plan of the Project Management Plan, Developer shall specifically identify and label the proposed Deviation. TxDOT shall consider, consider in its sole discretion, but have no obligation to approve, any such application. Developer shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves TxDOT’s applicable safety standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Project Management Plan shall constitute: (a) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, Deviation and (b) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT's lack of issuance of a written approval for any Deviation within 14 days after Developer applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures of this Agreement.
2.1.2.5 References in the Technical Provisions to manuals or other publications governing the Work shall mean the most recent editions in effect as of the Proposal Due Date, unless expressly provided otherwise. Any changes to the Technical Provisions related to the Work shall be subject to the Change Order process for a TxDOT- TxDOT-Directed Change in accordance with Section 13.
2.1.2.6 New or revised statutes or regulations adopted after the Proposal Due Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Work, as well as revisions to the Technical Provisions to conform to such new or revised statues or regulations, shall be treated as Changes in Law rather than a TxDOT change to the Technical Provisions; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.
Appears in 1 contract
Sources: Comprehensive Development Agreement