Additional Works. (a) Contracting Authority reserves the right to carry out Additional Works. Contracting Authority may assign to Project Co responsibility for: (i) directing the methods and means of construction of the Additional Works; (ii) coordinating and scheduling the Additional Works; and/or (iii) providing safety training in respect of the Additional Works. (b) In connection with the Additional Works, Contracting Authority shall: (i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works; (ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Sites; (iii) enter into separate contracts with Additional Contractors containing terms and provisions which are (A) consistent with the terms and provisions of this Project Agreement (including Schedule 27 – Dispute Resolution Procedure), (B) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), require Additional Contractors to comply with all directions of Project Co in respect of any matter regarding methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works and
Appears in 1 contract
Sources: Project Agreement
Additional Works.
(a) Contracting Authority reserves the right to carry out Additional Works. Contracting Authority may assign to Project Co responsibility for:for:
(i) directing the methods and means of construction of the Additional Works;
(ii) coordinating and scheduling the Additional Works; and/or
(iii) providing safety training in respect of the Additional Works.
(b) In connection with the Additional Works, Contracting Authority shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works;Works;
(ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the SitesSite;
(iii) enter into separate contracts with Additional Contractors containing terms and provisions which are (A) are consistent with the terms and provisions of this Project Agreement (including Schedule 27 – Dispute Resolution Procedure), (B) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), require Additional Contractors to comply with all directions of Project Co in respect of any matter regarding methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works and (C) require Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site;
(iv) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works to provide seamless insurance coverage to Project Co and Contracting Authority (including, if appropriate, naming Contracting Authority and Project Co as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and
(v) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works.
(c) In connection with the Additional Works, Project Co shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), and subject to the performance by Contracting Authority of its obligations under Sections 11.13(b)(i) and 11.13(b)(iii), direct the methods and means of construction of the Additional Works, coordinate and schedule the Additional Works with the Works to be performed under this Project Agreement, as applicable, and provide safety training in respect of the Additional Works;
(ii) subject to the performance by Contracting Authority of its obligations under Section 11.13(b)(i) and 11.13(b)(iii), assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act prior to Substantial Completion and, at the request of Contracting Authority exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Substantial Completion;
(iii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works;
(iv) participate with Contracting Authority and Additional Contractors in reviewing their construction schedules when directed to do so by Contracting Authority; and
(v) where all or part of the performance of the Works is affected by, or depends upon, the completion and/or proper execution of the Additional Works, promptly, and prior to proceeding with the affected Works, report to Contracting Authority in writing any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against Contracting Authority by reason of such readily apparent deficiencies.
(d) If, in respect of Additional Works carried out prior to Substantial Completion at the Site:
(i) any Additional Contractors cause any damage to the Works;
(ii) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), Project Co incurs any additional costs or there is any delay in the Works as a result of any Additional Contractors not complying with the reasonable instructions of Project Co regarding methods and means of construction, coordination and scheduling or safety; or
(iii) Project Co incurs any additional costs or there is any delay in the Works as a result of any such Additional Works, then, provided such delay in the Works or additional costs are not as a result of Project Co’s failure to perform any of its obligations under Section 11.13(c) or any act or omission of Project Co or a Project Co Party, any such delay in the Works or additional costs in respect of the Works shall, subject to and in accordance with Article 31, be treated as a Delay Event and, subject to and in accordance with Article 32, be treated as a Compensation Event.
(e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with by negotiation, adjudication and/or arbitration in a reasonably similar manner to what is contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors are subject to binding reciprocal obligations in the contracts between Contracting Authority and the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any Additional Contractor whose contract with Contracting Authority contains a binding reciprocal agreement to arbitrate.
(f) In connection with the Additional Works, Project Co may propose a Variation as follows:
(i) Project Co shall have a period of 10 Business Days following Notice from Contracting Authority of Contracting Authority’s intention to carry out such Additional Works, including a reasonable description of such Additional Works, to propose a Variation if such Additional Works are (A) reasonably expected to void a warranty in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, or
Appears in 1 contract
Sources: Project Agreement
Additional Works. (a) Contracting Authority reserves the right to carry out Additional Works. Contracting Authority may assign to Project Co responsibility for:
(i) directing the methods and means of construction of the Additional Works;
(ii) coordinating and scheduling the Additional Works; and/or
(iii) providing safety training in respect of the Additional Works.
(b) In connection with the Additional Works, Contracting Authority shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works;
(ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the SitesSite;
(iii) enter into separate contracts with Additional Contractors containing terms and provisions which are (A) consistent with the terms and provisions of this Project Agreement (including Schedule 27 – Dispute Resolution Procedure), (B) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), require Additional Contractors to comply with all directions of Project Co in respect of any matter regarding methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works and (C) require Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site;
(iv) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works to provide seamless insurance coverage to Project Co and Contracting Authority (including, if appropriate, naming Contracting Authority and Project Co as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and
(v) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works.
(c) In connection with the Additional Works, Project Co shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), and subject to the performance by Contracting Authority of its obligations under Sections 11.13(b)(i) and 11.13(b)(iii), direct the methods and means of construction of the Additional Works, coordinate and schedule the Additional Works with the Works to be performed under this Project Agreement, as applicable, and provide safety training in respect of the Additional Works;
(ii) subject to the performance by Contracting Authority of its obligations under Section 11.13(b)(i) and 11.13(b)(iii), assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act prior to Substantial Completion and, at the request of Contracting Authority exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Substantial Completion;
(iii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works;
(iv) participate with Contracting Authority and Additional Contractors in reviewing their construction schedules when directed to do so by Contracting Authority; and
(v) where all or part of the performance of the Works is affected by, or depends upon, the completion and/or proper execution of the Additional Works, promptly, and prior to proceeding with the affected Works, report to Contracting Authority in writing any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against Contracting Authority by reason of such readily apparent deficiencies.
(d) If, in respect of Additional Works carried out prior to Substantial Completion at the Site:
(i) any Additional Contractors cause any damage to the Works;
(ii) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the instructions of Project Co regarding methods and means of construction, coordination and scheduling or safety; or
(iii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any such Additional Works, then, provided such delay in the Works Schedule or additional costs are not as a result of Project Co’s failure to perform any of its obligations under Section 11.13(c) or any act or omission of Project Co or a Project Co Party, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Article 30, be treated as a Delay Event and, subject to and in accordance with Article 31, be treated as a Compensation Event.
(e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Section 8 of Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors are subject to binding reciprocal obligations in the contracts between Contracting Authority and the Additional Contractors. Project Co shall be deemed to have consented to binding arbitration of any dispute with any Additional Contractor whose contract with Contracting Authority contains a binding reciprocal agreement to arbitrate.
(f) In connection with the Additional Works, Project Co may propose a Variation as follows:
(i) Project Co shall have a period of 10 Business Days following notice from Contracting Authority of Contracting Authority’s intention to carry out such Additional Works, including a reasonable description of such Additional Works, to propose a Variation if such Additional Works are (A) reasonably expected to void a warranty in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, or
Appears in 1 contract
Sources: Project Agreement
Additional Works.
(a) Contracting Authority reserves the right to carry out Additional Works. Contracting Authority may assign to Project Co responsibility for:for:
(i) directing the methods and means of construction of the Additional Works;
(ii) coordinating and scheduling the Additional Works; and/or
(iii) providing safety training in respect of the Additional Works.
(b) In connection with the Additional Works, Contracting Authority shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a11.12(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works;Works;
(ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the SitesSite and the Lands;
(iii) enter into separate contracts with Additional Contractors containing terms and provisions which are (A) are consistent with the terms and provisions of this Project Agreement (including Schedule 27 – Dispute Resolution Procedure), (B) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a11.12(a), require Additional Contractors to comply with all directions of Project Co in respect of any matter regarding methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works and (C) require Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site and the Lands;
(iv) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works to provide seamless insurance coverage to Project Co and Contracting Authority (including, if appropriate, naming Contracting Authority and Project Co as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and
(v) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works.
(c) In connection with the Additional Works, Project Co shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.12(a), and subject to the performance by Contracting Authority of its obligations under Sections 11.12(b)(i) and 11.12(b)(iii), direct the methods and means of construction of the Additional Works, coordinate and schedule the Additional Works with the Works to be performed under this Project Agreement, as applicable, and provide safety training in respect of the Additional Works;
(ii) subject to the performance by Contracting Authority of its obligations under Section 11.12(b)(i) and 11.12(b)(iii), in respect of the Expansion Infrastructure, assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site and the Lands, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act prior to Substantial Completion and, at the request of Contracting Authority exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site or the Lands following Substantial Completion;
(iii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works;
(iv) participate with Contracting Authority and Additional Contractors in reviewing their construction schedules when directed to do so by Contracting Authority; and
(v) where all or part of the performance of the Works is affected by, or depends upon, the completion and/or proper execution of the Additional Works, promptly, and prior to proceeding with the affected Works, report to Contracting Authority in writing any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against Contracting Authority by reason of such readily apparent deficiencies.
(d) If, in respect of Additional Works carried out on the Lands prior to Substantial Completion:
(i) any Additional Contractors cause any damage to the Works;
(ii) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.12(a), Project Co incurs any additional costs or there is any delay in the Works as a result of any Additional Contractors not complying with the reasonable instructions of Project Co regarding methods and means of construction, coordination and scheduling or safety; or
(iii) Project Co incurs any additional costs or there is any delay in the Works as a result of any such Additional Works, then, provided such delay in the Works or additional costs are not as a result of Project Co’s failure to perform any of its obligations under Section 11.12(c) or any act or omission of Project Co or a Project Co Party, any such delay in the Works or additional costs in respect of the Works shall, subject to and in accordance with Article 31, be treated as a Delay Event and, subject to and in accordance with Article 32, be treated as a Compensation Event.
(e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Section 8 of Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors are subject to binding reciprocal obligations in the contracts between Contracting Authority and the Additional Contractors. Project Co shall be deemed to have consented to binding arbitration of any dispute with any Additional Contractor whose contract with Contracting Authority contains a binding reciprocal agreement to arbitrate.
(f) In connection with the Additional Works, Project Co may propose a Variation as follows:
(i) Project Co shall have a period of 10 Business Days following Notice from Contracting Authority of Contracting Authority’s intention to carry out such Additional Works, including a reasonable description of such Additional Works, to propose a Variation if such Additional Works are (A) reasonably expected to void a warranty in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, or
Appears in 1 contract
Sources: Project Agreement
Additional Works. (a) Contracting Authority reserves the right to carry out Additional Works. Contracting Authority may assign to Project Co responsibility for:
(i) directing the methods and means of construction of the Additional Works;
(ii) coordinating and scheduling the Additional Works; and/or
(iii) providing safety training in respect of the Additional Works.
(b) In connection with the Additional Works, Contracting Authority shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works;
(ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the SitesSite;
(iii) enter into separate contracts with Additional Contractors containing terms and provisions which are (A) consistent with the terms and provisions of this Project Agreement (including Schedule 27 – Dispute Resolution ProcedureProcess), (B) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), require Additional Contractors to comply with all directions of Project Co in respect of any matter regarding methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works and
Appears in 1 contract
Sources: Project Agreement
Additional Works. (a) Contracting Authority reserves the right to carry out Additional Works. Contracting Authority may assign to Project Co responsibility for:
(i) directing the methods and means of construction of the Additional Works;
(ii) coordinating and scheduling the Additional Works; and/or
(iii) providing safety training in respect of the Additional Works.
(b) In connection with the Additional Works, Contracting Authority shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a11.12(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works;
(ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the SitesSite and the Lands;
(iii) enter into separate contracts with Additional Contractors containing terms and provisions which are (A) are consistent with the terms and provisions of this Project Agreement (including Schedule 27 – Dispute Resolution Procedure), (B) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a11.12(a), require Additional Contractors to comply with all directions of Project Co in respect of any matter regarding methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works and (C) require Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site and the Lands;
(iv) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works to provide seamless insurance coverage to Project Co and Contracting Authority (including, if appropriate, naming Contracting Authority and Project Co as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and
(v) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works.
(c) In connection with the Additional Works, Project Co shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.12(a), and subject to the performance by Contracting Authority of its obligations under Sections 11.12(b)(i) and 11.12(b)(iii), direct the methods and means of construction of the Additional Works, coordinate and schedule the Additional Works with the Works to be performed under this Project Agreement, as applicable, and provide safety training in respect of the Additional Works;
(ii) subject to the performance by Contracting Authority of its obligations under Section 11.12(b)(i) and 11.12(b)(iii), in respect of the Expansion Infrastructure, assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site and the Lands, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act prior to Substantial Completion and, at the request of Contracting Authority exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site or the Lands following Substantial Completion;
(iii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works;
(iv) participate with Contracting Authority and Additional Contractors in reviewing their construction schedules when directed to do so by Contracting Authority; and
(v) where all or part of the performance of the Works is affected by, or depends upon, the completion and/or proper execution of the Additional Works, promptly, and prior to proceeding with the affected Works, report to Contracting Authority in writing any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against Contracting Authority by reason of such readily apparent deficiencies.
(d) If, in respect of Additional Works carried out on the Lands prior to Substantial Completion:
(i) any Additional Contractors cause any damage to the Works;
(ii) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.12(a), Project Co incurs any additional costs or there is any delay in the Works as a result of any Additional Contractors not complying with the reasonable instructions of Project Co regarding methods and means of construction, coordination and scheduling or safety; or
(iii) Project Co incurs any additional costs or there is any delay in the Works as a result of any such Additional Works, then, provided such delay in the Works or additional costs are not as a result of Project Co’s failure to perform any of its obligations under Section 11.12(c) or any act or omission of Project Co or a Project Co Party, any such delay in the Works or additional costs in respect of the Works shall, subject to and in accordance with Article 31, be treated as a Delay Event and, subject to and in accordance with Article 32, be treated as a Compensation Event.
(e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Section 8 of Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors are subject to binding reciprocal obligations in the contracts between Contracting Authority and the Additional Contractors. Project Co shall be deemed to have consented to binding arbitration of any dispute with any Additional Contractor whose contract with Contracting Authority contains a binding reciprocal agreement to arbitrate.
(f) In connection with the Additional Works, Project Co may propose a Variation as follows:
(i) Project Co shall have a period of 10 Business Days following Notice from Contracting Authority of Contracting Authority’s intention to carry out such Additional Works, including a reasonable description of such Additional Works, to propose a Variation if such Additional Works are (A) reasonably expected to void a warranty in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, or
Appears in 1 contract
Sources: Project Agreement
Additional Works. (a) Contracting Authority reserves the right to carry out Additional Works. Contracting Authority may assign to Project Co responsibility for:
(i) directing the methods and means of construction of the Additional Works;
(ii) coordinating and scheduling the Additional Works; and/or
(iii) providing safety training in respect of the Additional Works.
(b) In connection with the Additional Works, Contracting Authority shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works;
(ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the SitesSite;
(iii) enter into separate contracts with Additional Contractors containing terms and provisions which are (A) are consistent with the terms and provisions of this Project Agreement (including Schedule 27 – Dispute Resolution Procedure), (B) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), require Additional Contractors to comply with all directions of Project Co in respect of any matter regarding methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works and (C) require Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site;
(iv) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works to provide seamless insurance coverage to Project Co and Contracting Authority (including, if appropriate, naming Contracting Authority and Project Co as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and
(v) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works.
(c) In connection with the Additional Works, Project Co shall:
(i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), and subject to the performance by Contracting Authority of its obligations under Sections 11.13(b)(i) and 11.13(b)(iii), direct the methods and means of construction of the Additional Works, coordinate and schedule the Additional Works with the Works to be performed under this Project Agreement, as applicable, and provide safety training in respect of the Additional Works;
(ii) subject to the performance by Contracting Authority of its obligations under Section 11.13(b)(i) and 11.13(b)(iii), assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act prior to Substantial Completion and, at the request of Contracting Authority exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Substantial Completion;
(iii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works;
(iv) participate with Contracting Authority and Additional Contractors in reviewing their construction schedules when directed to do so by Contracting Authority; and
(v) where all or part of the performance of the Works is affected by, or depends upon, the completion and/or proper execution of the Additional Works, promptly, and prior to proceeding with the affected Works, report to Contracting Authority in writing any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against Contracting Authority by reason of such readily apparent deficiencies.
(d) If, in respect of Additional Works carried out prior to Substantial Completion at the Site:
(i) any Additional Contractors cause any damage to the Works;
(ii) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.13(a), Project Co incurs any additional costs or there is any delay in the Works as a result of any Additional Contractors not complying with the reasonable instructions of Project Co regarding methods and means of construction, coordination and scheduling or safety; or
(iii) Project Co incurs any additional costs or there is any delay in the Works as a result of any such Additional Works, then, provided such delay in the Works or additional costs are not as a result of Project Co’s failure to perform any of its obligations under Section 11.13(c) or any act or omission of Project Co or a Project Co Party, any such delay in the Works or additional costs in respect of the Works shall, subject to and in accordance with Article 31, be treated as a Delay Event and, subject to and in accordance with Article 32, be treated as a Compensation Event.
(e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Section 8 of Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors are subject to binding reciprocal obligations in the contracts between Contracting Authority and the Additional Contractors. Project Co shall be deemed to have consented to binding arbitration of any dispute with any Additional Contractor whose contract with Contracting Authority contains a binding reciprocal agreement to arbitrate.
(f) In connection with the Additional Works, Project Co may propose a Variation as follows:
(i) Project Co shall have a period of 10 Business Days following Notice from Contracting Authority of Contracting Authority’s intention to carry out such Additional Works, including a reasonable description of such Additional Works, to propose a Variation if such Additional Works are (A) reasonably expected to void a warranty in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, or
Appears in 1 contract
Sources: Project Agreement