SCHEDULE 10
REVIEW PROCEDURE
PART A – INITIAL WORKS
1.1
The provisions of Part A of this Schedule 10 shall apply to the Design Development
Submittals, the Construction Document Submittals, the Design Data and any and all
items, documents and anything else required or specified by this Project Agreement,
including all Works Submittals listed in Appendix A to this Schedule 10, in respect of the
Initial Works to be submitted to, reviewed or otherwise processed by HMQ in accordance
with the Review Procedure prior to or after Phase Substantial Completion of each of
Phase One and Phase Two and Substantial Completion in respect of the completion of
Minor Deficiencies, including any and all subsequent revisions, amendments and changes
thereto (collectively and individually, “Works Submittal” or “Works Submittals” as
applicable in Part A of this Schedule 10).
2.
SCHEDULE FOR WORKS SUBMITTALS
2.1
The Works Schedule shall provide for a progressive and orderly flow of Works
Submittals from Project Co to the HMQ Representative to allow sufficient time for
review of each Works Submittal by the HMQ Representative taking into account both the
resources necessary to be available to the HMQ Representative to conduct such review
and whether delay in the review of the subject matter of the Works Submittal shall have a
material impact on Project Co’s ability to progress future anticipated Works Submittals
and the Initial Works in accordance with the Works Schedule.
2.2
The Works Schedule and any amendment to the Works Schedule shall allow a period of
10 Business Days (or such longer period as the Parties may agree) from the date of
receipt for review of and response to each Works Submittal, provided that if Project Co
has made major changes to the grouping and volume of Works Submittals, such period of
time shall be adjusted by Project Co, acting reasonably, taking into account the factors set
forth in Section 2.1 of this Schedule 10.
2.3
Project Co shall, in scheduling Works Submittals and in the performance of the Project
Operations, allow adequate time prior to performing the Project Operations that are the
subject of the Works Submittals, for review of the Works Submittals and for Project Co
to make changes to Works Submittals that may be required if comments are received on
the Works Submittals, such review and required changes to be in accordance with Part A
of this Schedule 10.
2.4
If the Works Schedule indicates that a large number of Works Submittals will be made at
one time, the HMQ Representative may, at the HMQ Representative’s discretion, request
a longer period for review or a staggering of the Works Submittals, and Project Co shall
review and revise the Works Schedule accordingly, taking into account both the
resources necessary to be available to the HMQ Representative to conduct such review
and whether delay in the review of the subject matter of the Works Submittal shall have a
material impact on Project Co’s ability to progress future anticipated Works Submittals
and the Initial Works in accordance with the Works Schedule.
2.5
Project Co shall submit all Works Submittals to HMQ in accordance with the current
Works Schedule.
3.
GENERAL REQUIREMENTS FOR WORKS SUBMITTALS
3.1
Unless otherwise specified by the HMQ Representative, Project Co shall issue 3 printed
copies of all Works Submittals to HMQ, together with an electronic copy in a format
agreed by the Parties acting reasonably and one printed copy of each Works Submittal to
the Independent Certifier.
3.2
Project Co shall compile and maintain a register of the date and contents of the
submission of all Works Submittals and the date of receipt and content of all returned
Works Submittals and comments thereon.
3.3
All Works Submittals shall be in English.
3.4
All Works Submittals required by this Project Agreement or by Applicable Law to be
signed or sealed by persons with professional designations (including, where applicable,
by registered professional engineers or architects) shall, where applicable, be so signed
and sealed.
3.5
All Works Submittals shall include copies of all documents to be reviewed and shall
clearly identify the purpose of the Works Submittal and Project Co’s proposed course of
action relating to the Works Submittal and the Project Operations that are the subject of
the Works Submittal.
3.6
All Works Submittals shall, where applicable, refer to the relevant provisions of the
Output Specifications, any other applicable Schedule to the Project Agreement and to any
Design Data that has previously been subject to review.
3.7
All Works Submittals shall be clearly identified as a Works Submittal and shall be
delivered with appropriate covering documentation, which shall include a list of all
attached Works Submittals and for each Works Submittal:
(a)
the document number(s) or drawing number(s);
(b)
revision numbers (if applicable);
(c)
document or drawing title(s);
(d)
name of entity that prepared the Works Submittal;
(e)
the Works Submittal history showing date and delivery information and/or log
number of all previous submissions of that Works Submittal; and
(f)
identification of any previous Works Submittal superseded by the current Works
Submittal.
4.1
The HMQ Representative shall review and respond to each Works Submittal in
accordance with the time periods specified in Section 2.2 of this Schedule 10. The HMQ
Representative shall return Works Submittals to Project Co with a copy to the
Independent Certifier and assign one of the following 3 comments:
(b)
“REVIEWED AS NOTED”; or
4.2
The comment “REVIEWED” will be assigned to those Works Submittals that, in the
opinion of the HMQ Representative, conform to the requirements of this Project
Agreement. Project Co shall comply with and implement such Works Submittals.
4.3
The comment “REVIEWED AS NOTED” will be assigned to those Works Submittals
that, in the opinion of the HMQ Representative, generally conform to the requirements of
this Project Agreement, but in which immaterial deficiencies have been found by the
HMQ Representative’s review. Project Co shall correct these Works Submittals and
provide a copy of the corrected Works Submittals to the HMQ Representative. Project
Co shall comply with and implement such Works Submittals after correction, including
in accordance with the comments. If at any time it is discovered that Project Co has not
corrected the deficiencies on Works Submittals stamped “REVIEWED AS NOTED”,
then Project Co will be required to modify the Works Submittals and Project Operations,
including the Parkway if applicable, as required to ensure that the Initial Works comply
with the Output Specifications, any other applicable Schedule to the Project Agreement,
and the Project Co Proposal Extracts and Project Co may be required, at the HMQ
Representative’s discretion, to resubmit relevant Works Submittals. In such
circumstances the HMQ Representative shall act promptly in considering whether such
deficiencies have been corrected. No extension of time will be given or additional
compensation paid in respect of any such modification or re-submittal.
4.4
The comment “REJECTED” will be assigned to those Works Submittals that, in the
opinion of the HMQ Representative, contain significant deficiencies or do not generally
conform with the requirements of this Project Agreement, including this Schedule 10.
Project Co shall correct and re-submit these Works Submittals within 10 Business Days
after the comment has been provided to Project Co, or such longer period as Project Co
may reasonably require, and (unless the Works Submittal is re-submitted within 5
Business Days) shall give the HMQ Representative not less than 5 Business Days’ notice
of when the Works Submittals shall be resubmitted. The HMQ Representative will then
review such re-submitted Works Submittals and assign a comment to the corrected
Works Submittal. The Works Submittals shall be corrected, revised and resubmitted as
often as may be required to obtain a comment that permits Project Co to proceed. No
extension of time will be given or additional compensation paid in respect of any such
modification or re-submittal.
4.5
Where the HMQ Representative issues the comment “REVIEWED AS NOTED” or
“REJECTED”, the HMQ Representative shall provide reasons for the comment,
referencing the particulars of the Section(s) of this Project Agreement that the Works
Submittal fails to satisfy, and, if requested by the Project Co Representative, the HMQ
Representative shall meet with the Project Co Representative to discuss the reasons for
the comment.
4.6
If, at any time after assigning any comment to a Works Submittal, the HMQ
Representative or Project Co discovers any significant deficiencies or any failure to
conform to the requirements of this Project Agreement, the HMQ Representative may
revise the comment assigned to any Works Submittal. If the Parties agree or it is
determined in accordance with Section 5 of this Schedule 10 that the revised comment is
correct, Project Co shall make all such corrections to the Works Submittals and the
Project Operations. No extension of time will be given or additional compensation paid
in respect of any such modification or re-submittal.
4.7
For the purpose of facilitating and expediting the review and correction of Works
Submittals, the HMQ Representative and the Project Co Representative shall meet as
may be mutually agreed to discuss and review any outstanding Works Submittals and any
comments thereon.
4.8
Where a Works Submittal is voluminous, the HMQ Representative at his or her discretion
may elect to stamp only the cover page or first sheet of the Works Submittal with the
appropriate comment, if any, and return to Project Co the cover page or first page
together with individual pages or sheets on which comments are made, together with an
explanation of the status of all pages not returned to Project Co. Any pages returned
without such an explanation as to their status shall be deemed to be “REVIEWED” by
HMQ.
4.9
In lieu of returning a Works Submittal, the HMQ Representative may by letter notify
Project Co of the comment assigned to the Works Submittal and if such comment is
“REVIEWED AS NOTED” or “REJECTED” the letter shall contain comments in
sufficient detail for Project Co to identify the correction sought.
5.1
If Project Co disputes any act of HMQ or the HMQ Representative in respect of a Works
Submittal under this Part A, Project Co shall promptly notify the HMQ Representative
and the Independent Certifier of the details of such Dispute and shall submit the reasons
why Project Co believes a different comment should be assigned, together with
appropriate supporting documentation. The HMQ Representative shall review the Works
Submittal, the reasons and supporting documentation and within 5 Business Days after
receipt thereof shall either confirm the original comment or notify Project Co of a revised
comment. If the HMQ Representative confirms the original comment, Project Co may
request the Independent Certifier to resolve the Dispute and render a decision within 5
Business Days of such request.
5.2
If either Party is not satisfied, acting reasonably, with the resolution of the Independent
Certifier, subject to Section 10.2 of this Schedule 10, either Party may refer the matter for
determination in accordance with Schedule 27 - Dispute Resolution Procedure.
5.3
Notwithstanding the provisions of Sections 5.1 and 5.2, HMQ may direct that Project Co
to revise the Works Submittals in accordance with the comments of HMQ and proceed to
perform and complete the Initial Works on the basis of such revised Works Submittals.
For clarity, such direction shall be considered a Dispute and Project Co may proceed in
accordance with Section 58 and Schedule 27 - Dispute Resolution Procedure of the
Project Agreement.
6.1
Any review and comment by HMQ or the HMQ Representative of any Works Submittals
is for general conformity to the obligations and requirements of this Project Agreement,
and any such review and comment shall not relieve Project Co of the risk and
responsibility for the Project Operations and for meeting all of its obligations under and
requirements of this Project Agreement, and shall not create any new or additional
obligations or liabilities for HMQ. Without limiting the generality of the foregoing any
and all errors or omissions in Works Submittals or of any review and comment shall not
exclude or limit Project Co’s obligations or liabilities in respect of the Initial Works
under this Project Agreement or exclude or limit HMQ’s rights in respect of the Initial
Works under this Project Agreement.
7.
WORKS SUBMITTAL EXPLANATION
7.1
At any time, the HMQ Representative may, acting reasonably, require Project Co or any
Project Co Parties, including Project Co’s consultants and any other relevant personnel, at
no additional cost to HMQ, to explain to the HMQ Representative and HMQ’s advisors
the intent of Project Co’s Works Submittals, including in relation to any design and any
associated documentation and as to its satisfaction of the Output Specifications or any
other Schedule to the Project Agreement, as applicable.
8.1
Project Co shall ensure that Works Submittals keep the same, unique reference number
throughout the review process, and that subsequent revisions of the same Works
Submittal are identified by a sequential revision number. Correspondence related to such
Works Submittal shall reference the reference number and revision number.
8.2
Re-submittals shall clearly show all revisions from the previous Works Submittal. Bound
documents, including reports and manuals, shall contain a preface that clearly states how
revisions are marked and the previous revision number against which the revisions have
been marked. A consistent format for mark-ups of documents shall be used (e.g.
deletions struck out and additions underscored). Revised portions of drawings shall be
clearly marked (with appropriate means to visually distinguish between the parts of the
drawing that are revised and the parts that are not revised) and the revision number and
description of the revision shall be included on the drawing.
8.3
All revisions on print media shall be initialled by hand by the individual designer, design
checker and, where applicable, by the drafter and the drafting checker and shall identify
the persons who initialled the Works Submittal. Electronic versions of the Works
Submittal shall identify the persons who initialled the revisions to the printed version of
the Works Submittal. All such revisions must be able to be integrated into the As Built
Drawings.
8.4
Project Co shall keep all Design Data current. If any Design Data is revised as part of a
Works Submittal, all other Design Data relying on or based on that Design Data shall also
be revised accordingly. All such revised Design Data shall also be submitted with the
Works Submittal to which it relates.
9.
AUDIT BY THE HMQ REPRESENTATIVE
9.1
Without limiting any other right under this Project Agreement, the HMQ Representative
shall have the right to audit all Works Submittals, including comparing all Works
Submittals to previous Works Submittals.
9.2
If during an audit or at any other time it is discovered by HMQ or Project Co (or resolved
pursuant to Section 9.3 of this Schedule 10) that any Works Submittals were not correctly
implemented, Project Co shall at its sole cost immediately take all necessary steps to
correct and modify the applicable Works Submittals and the Project Operations to which
they relate and shall advise the HMQ Representative of all such corrections and
modifications.
9.3
Any Dispute concerning the implementation of a Works Submittal, subject to Section 5.1
of this Schedule 10, shall be referred in the first instance to the Independent Certifier for
resolution.
10.1
No alteration or modification to the design, quality and quantity of the Project Operations
arising from the development of detailed design or from the co-ordination of the design in
connection with any Works Submittal shall be construed or regarded as a Variation.
10.2
If, having received comments from the HMQ Representative on any Works Submittal,
Project Co considers that compliance with those comments would amount to a Variation,
Project Co shall, within 10 Business Days of receipt of and before complying with the
comments, provide written notice to HMQ of the same and, if it is agreed by the Parties
that a Variation would arise if the comments were complied with, HMQ may, at its
election, (a) issue a Variation Enquiry and it shall be dealt with in accordance with
Schedule 22 - Variation Procedure or (b) amend its comment on the Works Submittal. If
the Parties do not agree that a Variation would arise if the comments were complied with,
either party may proceed to resolve the matter in accordance with Section 5 of this
Schedule 10 including for clarity, the exercise by HMQ of its rights under Section 5.3 of
this Schedule 10. Subject to the foregoing sentence, any failure by Project Co to notify
HMQ in accordance with this Section 10.2 that Project Co considers compliance with any
comments of the HMQ Representative would amount to a Variation shall constitute an
irrevocable acceptance by Project Co that any compliance with the HMQ
Representative’s comments shall be without cost to HMQ and without any extension of
time.
PART B – OPERATIONAL PERIOD
11.1
The provisions of Part B of this Schedule 10 shall apply to any and all items, documents
and anything else required or specified by this Project Agreement, other than the Design
Development Submittals, the Construction Document Submittals and the Design Data, to
be submitted to, reviewed or otherwise processed by HMQ in accordance with the
Review Procedure in respect of Phase One or Phase Two, after Phase Substantial
Completion of Phase One or Phase Two, respectively, and in respect of Phase Three or
the entire Parkway, after Substantial Completion, except in respect of the completion of
Minor Deficiencies, including any and all subsequent revisions, amendments and changes
thereto (collectively and individually, “OM&R Submittal” or “OM&R Submittals” as
applicable in Part B of this Schedule 10).
11.2
Project Co shall allow a period of 10 Business Days (or such longer period as the Parties
may agree) from the date of receipt for review of and response to each OM&R Submittal.
11.3
Project Co shall, in scheduling OM&R Submittals and in the performance of the Project
Operations, allow adequate time prior to performing the Project Operations that are the
subject of the OM&R Submittals, for review of the OM&R Submittals and for Project Co
to make changes to OM&R Submittals that may be required if comments are received on
the OM&R Submittals, such review and required changes to be in accordance with Part B
of this Schedule 10.
12.
GENERAL REQUIREMENTS FOR OM&R SUBMITTALS
12.1
Unless otherwise specified by the HMQ Representative, Project Co shall issue 3 printed
copies of all OM&R Submittals to HMQ, together with an electronic copy in a format
agreed by the Parties acting reasonably.
12.2
Project Co shall compile and maintain a register of the date and contents of the
submission of all OM&R Submittals and the date of receipt and content of all returned
OM&R Submittals and comments thereon.
12.3
All OM&R Submittals shall be in English.
12.4
All OM&R Submittals required by this Project Agreement or by Applicable Law to be
signed or sealed by persons with professional designations (including, where applicable,
by registered professional engineers or architects) shall, where applicable, be so signed
and sealed.
12.5
All OM&R Submittals shall include copies of all documents to be reviewed and shall
clearly identify the purpose of the OM&R Submittal and Project Co’s proposed course of
action relating to the OM&R Submittal and the Project Operations that are the subject of
the OM&R Submittal.
12.6
All OM&R Submittals shall, where applicable, refer to the relevant provisions of the
Output Specifications and/or any other applicable Schedule to the Project Agreement.
12.7
All OM&R Submittals shall be clearly identified as an OM&R Submittal and shall be
delivered with appropriate covering documentation, which shall include a list of all
attached OM&R Submittals and for each OM&R Submittal:
(a)
the document number(s) or drawing number(s);
(b)
revision numbers (if applicable);
(c)
document or drawing title(s);
(d)
name of entity that prepared the OM&R Submittal;
(e)
the OM&R Submittal history showing date and delivery information and/or log
number of all previous submissions of that OM&R Submittal; and
(f)
identification of any previous OM&R Submittal superseded by the current
OM&R Submittal.
13.1
The HMQ Representative shall review and respond to each OM&R Submittal in
accordance with the time periods specified in Section 11.2 of this Schedule 10. The
HMQ Representative shall return OM&R Submittals to Project Co and assign one of the
following 3 comments:
(b)
“REVIEWED AS NOTED”; or
13.2
The comment “REVIEWED” will be assigned to those OM&R Submittals that, in the
opinion of the HMQ Representative, conform to the requirements of this Project
Agreement. Project Co shall comply with and implement such OM&R Submittals.
13.3
The comment “REVIEWED AS NOTED” will be assigned to those OM&R Submittals
that, in the opinion of the HMQ Representative, generally conform to the requirements of
this Project Agreement, but in which immaterial deficiencies have been found by the
HMQ Representative’s review. Project Co shall correct these OM&R Submittals and
provide a copy of the corrected OM&R Submittals to the HMQ Representative. Project
Co shall comply with and implement such OM&R Submittals after correction, including
in accordance with the comments. If at any time it is discovered that Project Co has not
corrected the deficiencies on OM&R Submittals stamped “REVIEWED AS NOTED”,
then Project Co will be required to modify the OM&R Submittals and Project Operations
as required to ensure that the Project Operations comply with the Output Specifications
and Project Co may be required, at the HMQ Representative’s discretion, to resubmit
relevant OM&R Submittals. In such circumstances the HMQ Representative shall act
promptly in considering whether such deficiencies have been corrected. No extension of
time will be given or additional compensation paid in respect of any such modification or
re-submittal.
13.4
The comment “REJECTED” will be assigned to those OM&R Submittals that, in the
opinion of the HMQ Representative, contain significant deficiencies or do not generally
conform with the requirements of this Project Agreement, including this Schedule 10.
Project Co shall correct and re-submit these OM&R Submittals within 10 Business Days
after the comment has been provided to Project Co, or such longer period as Project Co
may reasonably require, and (unless the OM&R Submittal is re-submitted within 5
Business Days) shall give the HMQ Representative not less than 5 Business Days’ notice
of when the OM&R Submittals shall be resubmitted. The HMQ Representative will then
review such re-submitted OM&R Submittals and assign a comment to the corrected
OM&R Submittal. The OM&R Submittals shall be corrected, revised and resubmitted as
often as may be required to obtain a comment that permits Project Co to proceed. No
extension of time will be given or additional compensation paid in respect of any such
modification or re-submittal.
13.5
Where the HMQ Representative issues the comment “REVIEWED AS NOTED” or
“REJECTED”, the HMQ Representative shall provide reasons for the comment,
referencing the particulars of the Section(s) of this Project Agreement that the OM&R
Submittal fails to satisfy, and, if requested by the Project Co Representative, the HMQ
Representative shall meet with the Project Co Representative to discuss the reasons for
the comment.
13.6
If, at any time after assigning any comment to an OM&R Submittal, the HMQ
Representative or Project Co discovers any significant deficiencies or any failure to
conform to the requirements of this Project Agreement, the HMQ Representative may
revise the comment assigned to any OM&R Submittal. If the Parties agree or it is
determined in accordance with Section 14 of this Schedule 10 that the revised comment is
correct, Project Co shall make all such corrections to the OM&R Submittals and the
Project Operations. No extension of time will be given or additional compensation paid
in respect of any such modification or re-submittal.
13.7
For the purpose of facilitating and expediting the review and correction of OM&R
Submittals, the HMQ Representative and the Project Co Representative shall meet as
may be mutually agreed to discuss and review any outstanding OM&R Submittals and
any comments thereon.
13.8
Where a OM&R Submittal is voluminous, the HMQ Representative at his or her
discretion may elect to stamp only the cover page or first sheet of the OM&R Submittal
with the appropriate comment, if any, and return to Project Co the cover page or first
page together with individual pages or sheets on which comments are made, together
with an explanation of the status of all pages not returned to Project Co. Any pages
returned without such an explanation as to their status shall be deemed to be
“REVIEWED” by HMQ.
13.9
In lieu of returning an OM&R Submittal, the HMQ Representative may by letter notify
Project Co of the comment assigned to the OM&R Submittal and if such comment is
“REVIEWED AS NOTED” or “REJECTED” the letter shall contain comments in
sufficient detail for Project Co to identify the correction sought.
14.1
If Project Co disputes any act of HMQ or the HMQ Representative in respect of an
OM&R Submittal under this Part B, Project Co shall promptly notify the HMQ
Representative of the details of such Dispute and shall submit the reasons why Project Co
believes a different comment should be assigned, together with appropriate supporting
documentation. The HMQ Representative shall review the OM&R Submittal, the
reasons and supporting documentation and within 5 Business Days after receipt thereof
shall either confirm the original comment or notify Project Co of a revised comment.
14.2
If after such review by the HMQ Representative Project Co disputes the comment on an
OM&R Submittal, subject to Section 19.1 of this Schedule 10 Project Co may refer the
matter for determination in accordance with Schedule 27 - Dispute Resolution Procedure.
15.1
Any review and comment by HMQ or the HMQ Representative of any OM&R
Submittals is for general conformity to the obligations and requirements of this Project
Agreement, and any such review and comment shall not relieve Project Co of the risk and
responsibility for the Project Operations and for meeting all of its obligations under and
requirements of this Project Agreement, and shall not create any new or additional
obligations or liabilities for HMQ. Without limiting the generality of the foregoing any
and all errors or omissions in OM&R Submittals or of any review and comment shall not
exclude or limit Project Co’s obligations or liabilities under this Project Agreement in
respect of matters related to the OM&R Submittal or exclude or limit HMQ’s rights
under this Project Agreement in respect of matters related to the OM&R Submittal.
16.
OM&R SUBMITTAL EXPLANATION
16.1
At any time, the HMQ Representative may, acting reasonably, require Project Co or any
Project Co Parties, including Project Co’s consultants and any other relevant personnel, at
no additional cost to HMQ, to explain to the HMQ Representative and HMQ’s advisors
the intent of Project Co’s OM&R Submittals, including as to its satisfaction of the Output
Specifications.
17.1
Project Co shall ensure that OM&R Submittals keep the same, unique reference number
throughout the review process, and that subsequent revisions of the same OM&R
Submittal are identified by a sequential revision number. Correspondence related to such
OM&R Submittal shall reference the reference number and revision number.
17.2
Re-submittals shall clearly show all revisions from the previous OM&R Submittal.
Bound documents, including reports and manuals, shall contain a preface that clearly
states how revisions are marked and the previous revision number against which the
revisions have been marked. A consistent format for mark-ups of documents shall be
used (e.g. deletions struck out and additions underscored). Revised portions of drawings
shall be clearly marked (with appropriate means to visually distinguish between the parts
of the drawing that are revised and the parts that are not revised) and the revision number
and description of the revision shall be included on the drawing.
17.3
All revisions on print media shall be initialled by hand by the individual designer, design
checker and, where applicable, by the drafter and the drafting checker and shall identify
the persons who initialled the OM&R Submittal. Electronic versions of the OM&R
Submittal shall identify the persons who initialled the revisions to the printed version of
the OM&R Submittal.
18.
AUDIT BY THE HMQ REPRESENTATIVE
18.1
Without limiting any other right under this Project Agreement, the HMQ Representative
shall have the right to audit all OM&R Submittals, including comparing all OM&R
Submittals to previous OM&R Submittals.
18.2
If during an audit or at any other time it is discovered by HMQ or Project Co that any
OM&R Submittals were not correctly implemented, Project Co shall at its sole cost
immediately take all necessary steps to correct and modify the applicable OM&R
Submittals and the Project Operations to which they relate and shall advise the HMQ
Representative of all such corrections and modifications.
19.1
If, having received comments from the HMQ Representative on any OM&R Submittal,
Project Co considers that compliance with those comments would amount to a Variation,
Project Co shall, within 10 Business Days of receipt of and before complying with the
comments, provide written notice to HMQ of the same and, if it is agreed by the Parties,
or is determined pursuant to Schedule 27 - Dispute Resolution Procedure, that a Variation
would arise if the comments were complied with, HMQ may at its election, either issue a
Variation Enquiry and it shall be dealt with in accordance with Schedule 22 - Variation
Procedure or amend its comment on the OM&R Submittal. Any failure by Project Co to
notify HMQ in accordance with this Section 19.1 that Project Co considers compliance
with any comments of the HMQ Representative would amount to a Variation shall
constitute an irrevocable acceptance by Project Co that any compliance with the HMQ
Representative’s comments shall be without cost to HMQ and without any extension of
time.
MINIMUM DESIGN AND CONSTRUCTION
1.
TECHNICAL APPRAISAL FORMS
1.1
Submission Requirements
(a)
Each Final Design Development Submittal and Construction Document Submittal
package submitted by Project Co shall be accompanied by a completed Technical
Appraisal Form (TAF).
(b)
In any case where submitted Design Data involves any mechanical or electrical
and/or intelligent transportation system functions, or similar specialization,
Project Co shall submit to the HMQ Representative in accordance with the
Review Procedure a TAF in respect of such data and functions.
(c)
In any case where the Works involves the complete or partial demolition of an
existing Structure, Project Co shall submit to the HMQ Representative in
accordance with the Review Procedure a TAF in respect of such complete or
partial demolition.
1.2
TAF Form and Content
Each TAF submitted by Project Co pursuant to Section 1.2 [Submission Requirements] of this
Appendix A shall be in the format shown in Attachment 1 [Sample Contents for a Structural
TAF] to this Schedule and shall:
(a)
for Final Design Development Submittals, include the relevant design criteria,
environmental and ground considerations, and interface requirements, together
with a listing of the design documentation included in the design package;
(b)
be signed by:
(i)
the Project Co Representative; and
(ii)
the designer(s) and constructor(s), or their respective principal(s), as
necessary.
1.3
TAF Variation
Any variation to a TAF which has been subject to the Review Procedure during design,
assessment or any Construction Activity shall be submitted in accordance with the Review
Procedure as an addendum to the TAF.
2.
DESIGN SUBMISSIONS, REVIEW AND REPORTS
2.1
Format of Design Submissions
(a)
Project Co shall provide two hard copies and one electronic copy of each Design
Development Submittal.
(b)
Drawings shall be in a format in accordance with the requirements of MTO
standards. Project Co shall confirm drawing conventions and standards, including
AutoCAD and InRoads standards, title block and stationing convention, with the
HMQ Representative prior to commencing design drawing production.
(c)
Drawings for the New Municipal Infrastructure to be constructed by Project Co
shall be in accordance with the applicable standards of the relevant municipality.
2.2
Pre-final and Final Design Review
Final designs from all design disciplines shall be submitted to the HMQ Representative in
accordance with the Review Procedure and shall consist of the relevant TAF(s) together with all
final design drawings, supporting Design Data and calculations required in accordance with this
Appendix A.
2.3
Objection to Design Data
If the HMQ Representative objects to any Design Data in accordance with the Review
Procedure, the HMQ Representative shall so notify Project Co and Project Co shall, unless
Project Co disputes the objection by the HMQ Representative to such Design Data in accordance
with the Dispute Resolution Procedure, either:
(a)
cause to be made such alterations and additions as may be necessary such that the
Design Data accords with the project requirements and all other requirements of
this Project Agreement, all in accordance with the Review Procedure; or
(b)
subject to the other provisions of this Project Agreement, submit an Innovation
Proposal.
2.4
Issued for Construction Drawings
Project Co shall submit copies of all drawings that are “issued for construction”, together with
manuals, instructions to the Construction Contractor and other relevant information as requested
by the HMQ Representative, to the HMQ Representative and to the Independent Certifier.
2.5
Temporary Works
(a)
As a minimum, design submissions for Temporary Works shall include those
items intended for public use and/or potentially affecting public safety. Final
designs for these Temporary Works shall be submitted to the HMQ
Representative in accordance with the Review Procedure.
(b)
Design Data relating to any Temporary Works shall be checked as follows:
(i)
any such Design Data prepared by or on behalf of the Construction
Contractor requires an independent check by the designer; and
(ii)
any such Design Data prepared by the designer requires an independent
check by a Checking Team which may be from the designer but shall be
independent of the Design Team.
(c)
In performing the check referred to in paragraph (a) above, the designer shall
satisfy itself that:
(i)
the Design Data meets the project requirements and otherwise complies
with the requirements of the Project Agreement;
(ii)
the Temporary Works (as a whole and the constituent parts) are
satisfactory for the safe and proper discharge of Project Co’s relevant
obligations; and
(iii)
the Design Data reflects the requirements of the relevant governmental
authorities for all affected highways or other roads or areas used by or
accessible to the public other than the New Parkway Infrastructure.
(d)
Where any Temporary Works may endanger public safety on other road or area
used by or accessible to the public other than the New Parkway Infrastructure,
Project Co shall consult the relevant governmental authority and the Design Data
shall reflect the requirements of such authority.
3.
FINAL DESIGN DEVELOPMENT SUBMITTALS
3.1
General
(a)
Final Design Development Submittals shall be prepared and shall have indexes
and sectional dividers. The design folders shall contain pertinent correspondence,
shall be arranged by subject matter in chronological order, and shall include
design calculations and backup information. Design submissions shall include,
without limitation, copies of all approvals, design reports, correspondence and
calculations.
(b)
Final design drawings and reports shall be signed and sealed by the responsible
engineer, who shall be a duly experienced Professional Engineer of an appropriate
discipline.
3.2
Roadway Design
The Final Design Development Submittals shall, without limitation:
(a)
contain all signed and sealed drawings, including complete laning and geometrics,
profiles, typical and template cross-sections, and drainage;
(b)
address any comments of the HMQ Representative from the Design Review
Meetings, internal design reviews, quality control, and design reports; and
(c)
include revisions, stakeholder issues, plans for utility relocations, critical
constructability and traffic handling considerations, environmental issues and
mitigation plans.
3.3
Drainage Design
The Final Design Development Submittals shall, without limitation:
(a)
contain all signed and sealed drainage drawings
(b)
include a stormwater management plan and drainage design report;
(c)
address any comments of the HMQ Representative from the Design Review
Meetings, internal design reviews, quality control, and design reports; and
(d)
include revisions, stakeholder issues, environmental issues and mitigation plans.
3.4
Recreational Trail Structures, Tunnel, Culvert, Submerged Culverts, and Overhead
Sign Support Structure
The Final Design Development Submittals shall contain, without limitation, the following:
(b)
a geotechnical report for the Structures;
(c)
environmental mitigation/compensation plans;
(d)
resolution of all issues identified during reviews of the First Pre-final Design
Development Submittals and the Second Pre-final Design Development
Submittals;
(e)
any special provisions for the construction of the Structures (including deck
replacement methodology for new Structures); and
(f)
a neat, bound, indexed set of design calculations for the Structures initialled by
the responsible engineer, who shall be a duly experienced Professional Engineer
of the appropriate discipline.
(g)
For proprietary precast Culverts the responsible engineer, who shall be a duly
experienced Professional Engineer of the appropriate discipline shall certify the
design and construction of the precast Culverts.
(h)
For proprietary pedestrian bridges the responsible engineer, who shall be a duly
experienced Professional Engineer of the appropriate discipline shall certify the
design and construction of the pedestrian bridges.
3.5
Retaining Wall Design
(a)
The Final Design Development Submittals shall contain, without limitation, the
following:
(i)
final geotechnical foundation report for the walls;
(ii)
descriptions of aesthetic treatment for all walls;
(iii)
descriptions of maintenance considerations for walls;
(iv)
resolution of all issues identified during reviews of the First Pre-final
Design Development Submittals and the Second Pre-final Design
Development Submittals; and
(v)
all final design drawings; and
(vi)
a neat, bound, indexed set of design calculations for the walls initialled by
the responsible engineer, who shall be a duly experienced Professional
Engineer of the appropriate discipline.
(b)
For proprietary retaining walls, the responsible engineer, who shall be a duly
experienced Professional Engineer of the appropriate discipline, shall certify the
design and construction of the retaining walls.
3.6
Geotechnical Foundation Design
(a)
For the Final Design Development Submittals Project Co shall prepare a
comprehensive geotechnical report for the Project that covers existing
geotechnical information and known site conditions, new investigations
performed for the Project, geotechnical engineering analysis, geotechnical design
assumptions and design parameters (and the basis for these) and geotechnical
design recommendations. The report shall be submitted to the HMQ
Representative at the pre-final design completion level and updated and
resubmitted with final design.
(b)
In addition, the Final Design Development Submittals shall, without limitation,
contain:
(i)
a summary of any additional work and subsurface investigations that have
been completed since the interim progress report, including drafted drill
summary logs in MTO format;
(ii)
final recommendations for foundation systems, allowable loads and
estimates of total and differential settlements at 2, 5, 10, 20, 40 and 75
years following construction;
(iii)
geotechnical design recommendations for retaining structures;
(iv)
geotechnical design recommendations for Pavements;
(v)
design of high fill embankments, including fill stages and consolidation
period between each fill stage;
(vi)
design details to time-rate-of-settlement control measures such as
prefabricated vertical drains, lightweight fills, and preload/surcharge;
(vii)
estimates of total and differential settlement of embankments and
roadways at 2, 5, 10, 20, 40 and 75 years following construction;
(viii)
a monitoring and instrumentation plan along with details of
instrumentation to be installed, monitoring requirements, and
instrumentation reading threshold values at which construction is halted or
resumed;
(ix)
requirements for ground improvement measures necessary to meet the
static and seismic performance requirements for foundations, cut and fill
slopes, embankments and retaining structures;
(x)
an assessment of the stability of approach embankments, road
embankments, cut slopes and fill slopes under static and seismic loading
conditions and the ability of these to meet the seismic performance
requirements;
(xi)
reduced size (11” x 17”) drawings showing the road alignment in plan and
profile with drill hole locations shown on the plan and simplified summary
logs shown on the profile (design notes are to be shown along the bottom
of the drawings); and
(xii)
a final geotechnical progress report for the structures with reduced size
(11” x 17”) drawings showing the general arrangements for Structures,
including Bridge, pedestrian bridge, Tunnel, Culvert, Retaining Wall, and
Overhead Sign Support Structure in plan and profile, with drill locations
shown in plan and simplified summary logs shown in profile.
3.7
Electrical, Signing and Pavement Markings Design
(a)
The Final Design Development Submittals shall include electrical (including
signals, lighting and telecommunications), signing and both Temporary and
Permanent Pavement Marking Plans (as defined in Schedule 15-1 – Output
Specifications – Definitions and Reference Documents).
(b)
Design drawings for all electrical systems shall contain, without limitation, the
following:
(i)
electrical equipment and all associated support structure locations;
(ii)
lighting calculations where appropriate
(iii)
service locations; and
(iv)
schematics showing electrical wiring layout.
(c)
Design drawings for the telecommunications conduit network shall contain,
without limitation, the following:
(i)
network diagram showing conduit locations; and
(ii)
design drawings showing the locations for all interconnection points.
(d)
The Final Design Development Submittals shall include resolution of all issues
identified during Design Review Meetings and reviews of the First Pre-final
Design Development Submittals and the Second Pre-final Design Development
Submittals.
(e)
Sign design sheets shall be submitted for all custom guide signs.
(f)
All cantilever and sign bridge Structures submissions shall be undertaken in
accordance with the MTO Sign Support Manual.
3.8
Landscaping and Site Restoration
The Final Design Development Submittals shall contain detailed landscape drawings that reflect
any highway design changes and incorporate comments made on the interim submissions.
Project Co shall document changes and describe the design work that has been completed since
the Second Pre-final Design Development Submittals, and document public consultation
conducted as part of the development the landscape drawings. Drawings shall be of a suitable
scale for legibility, and provide enlarged detailing where needed.
3.9
Traffic Engineering
The Final Design Development Submittals shall contain, without limitation, the following:
(a)
traffic engineering analysis and associated reports and files in accordance with
Article 1 [Highway Geometrics Design Criteria] of Part 2 of the Design and
Construction Specifications;
(b)
signal timing sheets associated with the design of signalized intersections;
(c)
the assigned traffic volumes, along with the signal timing sheets for opening day
operation of signalized intersections; and
(d)
traffic engineering analysis and signal timing sheets whenever traffic signal
timings are adjusted after opening day.
3.10
Environmental Design
The Final Design Development Submittals shall contain, without limitation, the following:
(a)
applicable construction drawings that include:
(i)
Final Urban Design, Landscape, and Ecological Restoration Plan for
ecological restoration areas including Species-at-Risk and any
environmentally sensitive areas, and all restoration areas;
(ii)
all fisheries compensation plan areas to secure Federal Fisheries Act
approval from DFO;
(iii)
all Wetland Compensation Plan areas for the Parkway;
(iv)
all remaining built heritage features;
(v)
all noise barrier and/or berm locations;
(vi)
all drainage and stormwater management pond areas; and
(vii)
all archaeological features;
(b)
riparian restoration and terrestrial reclamation/revegetation drawings that, as a
minimum, describe timing requirements, seed mixes and applications rates of
hydroseeding and site specific restoration plans, including species type, size and
spacing for riparian areas, areas of higher sensitivity, and areas prone to erosion
or shallow slope movement;
(c)
environmental design drawings that show environmental mitigation and
compensation features and any environmental features to be constructed;
(d)
environmental design documentation including:
(i)
regulatory agency review and acceptance documentation for the
Environmental Management System Plan specific to the work designed;
(ii)
all licenses, notifications, permits, authorisations and approvals specific to
the work designed; and
(iii)
all assessments, studies, surveys, monitoring reports, and plans specific to
the work designed;
(e)
an environmental design criteria checklist that lists general environmental
commitments and assurances, environmental design commitments, site specific
environmental features and environmental mitigation/compensation plans
including all commitments, assurances and plans relating to archaeological
features; and
(f)
Resolution of all issues identified during Design Review Meetings and reviews of
the First Pre-final Design Development Submittals and the Second Pre-final
Design Development Submittals.
4.
CHECKING OF STRUCTURAL DESIGN
4.1
In accordance with Article 3.2 [General Requirements] of Schedule 15-2 – Design and
Construction, for relevant design submissions submitted in accordance with the Review
Procedure, Project Co shall submit an Independent Structural Design Check Certificate,
in the form provided as Attachment 2 to this Appendix A.
Sample Contents for a Structural TAF
SAMPLE CONTENTS FOR A STRUCTURAL TAF
1.
PROJECT DESCRIPTION
1.1
Name and location of structure
1.2
Permitted traffic speed (for a Bridge give over and/or under)
2.
PROPOSED STRUCTURE
2.1
Description of Structure
Structural type
Foundation type
Span arrangements
(Include reasons for choice)
(Include reasons for choice)
(Include reasons for choice)
2.6
Proposed arrangements for inspection and maintenance
2.7
Materials and finishes
3.
DESIGN/ASSESSMENT CRITERIA
3.1
Live Loading, Clearances
3.1.1
Bridge code loading
3.1.4
Provision for exceptional abnormal loads:
3.1.4.2
Axle load and spacing
3.1.4.3
Location of vehicle track on deck cross-section
3.1.5
Any special loading not covered above
3.1.6
Minimum clearances provided (vertical and horizontal)
3.1.7
Authorities consulted and any special conditions required
3.2
List of relevant design documents
4.
STRUCTURAL ANALYSIS
4.1
Methods of analysis proposed for superstructure, substructure and foundations
4.2
Description and diagram of structure to be used for analysis
4.3
Assumptions intended for calculation of structural element property and stiffness
4.4
Proposed earth pressure coefficients (ka, ko, or kp) to be used in design of earth
retaining elements
5.
GROUND CONDITIONS
5.1
Acceptance of interpretative recommendations of the soils report to be used in the
design and reasons for any proposed departures
5.2
Describe foundations fully including the reasons for adoption of allowable and
proposed bearing pressures/pile loads, strata in which foundations are located, provision
for skin friction effects on piles and for lateral pressures due to compression of
underlying strata, etc.
5.3
Differential settlement to be allowed for in design of structure
5.4
Anticipated ground movements or settlement due to embankment loading,
flowing water, and measures proposed to deal with these defects as far as they affect the
structure
5.5
Results of tests of ground water (e.g. pH value, chloride or sulphate content) and
any counteracting measures proposed (as applicable)
5.6
Anticipated ground movements or settlement due to seismic loading, measures
proposed to deal with these impacts as far as they affect the structure
6.
CHECKING
6.1
Name of proposed Checking Team
7.
DRAWINGS AND DOCUMENTS
7.1
List of drawings (including numbers) and documents accompanying the
submission. To include (without limitation):
7.1.2
a preliminary general arrangement drawing; and
7.1.3
relevant parts of the ground investigation report.
8.
THE ABOVE DESIGN AND CONSTRUCTION PROPOSALS ARE SUBMITTED
FOR REVIEW.
Signed: .....................................................................
Design/Construction Manager
Name: .......................................................................
Engineering Qualifications:......................................
Date: .........................................................................
Professional Registration Number: ………………….
Affix Professional Seal
Signed:.......................................................................
Project Co Representative
Name:.........................................................................
Date:...........................................................................
Professional Registration Number: ………………….
Affix Professional Seal
SAMPLE CONTENTS FOR A TUNNEL TAF
1 PROJECT DESCRIPTION
1.1
Name and location of Tunnel
1.2
Permitted traffic speed
2 TUNNEL DETAILS
2.1
Basic layout (Number of lanes, length, etc.)
2.2
Restrictions to traffic
3 BRIEF DESCRIPTION OF TUNNEL, TRAFFIC AND TUNNEL GEOMETRY
3.1
Structural form of Tunnel
3.2
Structural form of portal structures
3.3
Traffic and geometry
3.3.1
Horizontal and vertical alignment of Tunnel and Tunnel approaches
3.3.2
Cross-section (include space provided for any mechanical and electrical
equipment)
3.3.3
Standards used (include design traffic flows and speeds and any proposed
departures from standards)
3.3.4
Accommodation of mechanical and electrical services in Tunnel
3.3.5
Minimum headroom, horizontal clearances
3.4
Proposed arrangements for inspection and maintenance
3.5
Provision to be made in the Tunnel layout for emergency communication and
escape facilities, fire, etc.
3.6
Landscaping above Tunnel and protection of Tunnel roof
3.7
Materials and finishes
4 DESIGN/ASSESSMENT CRITERIA
4.1
Live loading
4.1.1
Loading relating to normal traffic under applicable code loading and
regulations
4.1.3
Provision for exceptional abnormal loads:
4.1.3.2
Axle load spacing
4.1.3.3
Location of vehicle track on deck cross-section
4.1.4
Any special loading not covered above
4.1.5
Heavy or high load route requirements and arrangements being made to
preserve the route and any provisions for future heavier loads or future
widening
4.1.6
Authorities consulted or any special conditions required
5 STRUCTURAL ANALYSIS
5.1
Methods of analysis proposed
5.2
Assumptions of structural element (strength, stiffness, etc)
5.3
Proposed earth pressure coefficient (ka, ko or kp)
5.4
Proposed fire design including protection of structure and cable
6 GROUND CONDITIONS
6.1
Details of geotechnical investigation proposed to validate basis of
design/assessment
6.2
Acceptance of interpretative recommendations of the soils report used in the
design/assessment and reasons for any proposed departures
6.3
Describe foundations fully including the reasons for adoption and allowable and
proposed bearing pressures/pile loads, strata in which foundations are located,
provision for skin friction effects on piles and for lateral pressures due to
compression of underlying strata, etc.
6.4
Results of test of ground water (e.g. pH value, chloride or sulphate content) and
any counteracting measures proposed
7 DRAINAGE AND WATERPROOFING
7.1
Details of proposed/existing drainage
7.1.1
Ground water seepage and run off
7.1.2
Accidental spillage, water carried in by vehicles
7.2
Details of proposed waterproofing
7.3
List special requirements of local drainage authority
8 TUNNEL SUPPORT SYSTEM AND METHOD OF CONSTRUCTION
8.1
Basis of the design of the Tunnel support system for temporary and permanent
conditions and any proposals for ground treatment
8.2
Show how the proposed method of construction, i.e. excavation and applicable
ground support, will ensure the continued safe use of the Parkway and prevent
structural failure
8.3
Give details of predicted settlements on adjacent structures
8.4
State methods to be adopted to monitor and control the effects of Tunnel
construction to ensure compliance with any criteria imposed to limit surface
movements or vibration (if applicable)
9 CHECKING
9.1
Name of proposed Checking Team
10 DRAWINGS AND DOCUMENTS
10.1
List of drawings (including numbers) and documents accompanying the
submission. To include (without limitation):
10.3
a preliminary general arrangement drawing; and
10.4
relevant parts of the ground investigation report.
Signed: .....................................................................
Design/Construction Manager
Name: .......................................................................
Engineering Qualifications:......................................
Date: .........................................................................
Professional Registration Number: ………………….
Affix Professional Seal
Signed:.......................................................................
Project Co Representative
Name:.........................................................................
Date:...........................................................................
Professional Registration Number: ………………….
Affix Professional Seal
INDEPENDENT STRUCTURAL DESIGN CHECK CERTIFICATE
Defined terms and expressions used in this Certificate have the same meanings in given in the
agreement between HMQ and Project Co dated December 15, 2010 (“the Project Agreement”)
relating to the Project.
Form of certificate to be used by the Checking Team for certifying the design of structures
incorporated in the Parkway, in accordance with Part 2 of the Design and Construction
Specifications to the Project Agreement.
1.
We certify that we have the requisite professional qualifications, skill and experience to
perform an independent check of the Design Data referred to herein in accordance with
the requirements of the Project Agreement.
2.
We certify that we have performed an independent check (as required by the Project
Agreement for significant and complex Structures) of the Design Data for [..............]
[Name of the Structure and list of all elements of the Structure included in the
Design Data] listed in the Schedule hereto and utilizing the standards of care, skill and
diligence that, in accordance with the standards of our profession, are required of
experienced professionals undertaking such an independent check, and that in our
professional opinion:
i.
the said Design Data meets performance expectations outlined in the Project
Agreement, [including Technical Appraisal Form] No. [............] dated [........],
as amended by the following:
[List, if any, the changes made and any addenda to the foregoing Technical
Appraisal Form]; and
ii.
the design, methodologies and assumptions are consistent with Good Industry
Practice.
SCHEDU
LE
[Include here drawing numbers and titles and reports, calculations, etc. ]
Signed: ....................................
Checking Team (Principal)
Name: .....................................
Title: .......................................
Date: .......................................
Professional Registration Number: ………………….
Affix Professional Seal
Signed: ....................................
Project Co Representative
Name: .....................................
Date: .......................................