Common use of Engineering Plans Clause in Contracts

Engineering Plans. (a) Prior to the execution of this Agreement, the Developer and/or Developer’s Consultant shall: (i) Prepare the Engineering Plans for the Municipal Improvements, in accordance with the Engineering Design and Construction Standards; (ii) Submit the Engineering Plans to the Municipal Representative for review; (iii) provide to the Municipality the evidence of insurance coverage, and the security for performance of the Developer’s obligations under this Agreement, in the form and content required by this Agreement; (iv) Obtain any and all permits required in relation to the construction and installation of the Municipal Improvements (including, without restriction, any development permit from the Municipality, highway development permit or consent from Alberta Transportation, and any permit, license or consent from Alberta Environment and Parks, when and if applicable and/or required by the respective government or local authority); and (v) Obtain any required license, right-of-way, or right of entry necessary to allow the Developer or its contractors access to and lands (including, without restriction, any roads), when and if applicable and/or required by the respective owner, government or local authority). (b) The Municipality shall not unduly delay in accepting or rejecting the Engineering Plans, which have been submitted to the Municipal Representative. Once accepted, the Engineering Plans shall be deemed to be incorporated within this Agreement, and shall be considered attached to this Agreement as a schedule. If the Engineering Plans are rejected for any reason, the Municipal Representative shall provide the Developer’s Consultant with a written explanation of the reasons of rejection, whereupon the Developer’s Consultant must revise and correct the Plans and return them to the Municipal Representative pursuant to Section 3.2 (a), which shall apply mutatis mutandis. If the Municipal Representative rejects the revised or corrected Engineering Plans required to be submitted by the Developer to the Municipal Representative, the Developer shall be entitled to pursue Dispute Resolution in accordance with Section 2.21. (c) The Engineering Plans for the construction and installation of the Municipal Improvements for the Lands shall be stamped and signed by a Professional Engineer registered in the Province of Alberta. (d) Subject to the terms of this Agreement, the Developer shall be entitled to construct the Municipal Improvements in accordance with the Engineering Plans, once such Engineering Plans have been accepted by the Municipality. The reviews and comments provided by the Municipality do not relieve the Consulting Engineer of liability for any error or omissions in the designs. The Consulting Engineer is professionally responsible for the proper design of the Lands. (e) The Municipality’s review and acceptance of the Engineering Plans and all amendments after for the Municipal Improvements, as contemplated above, may be subject to the occurrence of unforeseen conditions, and in the case of unforeseen conditions which may adversely affect development of the detailed design specifications for any of the Municipal Improvements shall be subject to review and revision, from time to time, by the Municipal Representative to account for such circumstances in accordance with the Engineering Design and Construction Standards and in accordance with accepted engineering and construction practices. (f) The Developer shall not Commence Construction or installation of the Municipal Improvements, or any portion, until such time as the Municipality has issued written acceptance of the Engineering Plans. (g) The Municipality’s acceptance of the Engineering Plans is not and shall not be construed as a warranty, representation or guarantee by the Municipality, or its employees or consultants respecting the content of the Engineering Plans including, without restricting, the generality of the foregoing: (i) the Engineering Plans are suitable for the intended purpose; (ii) the Engineering Plans comply with any required Federal, Provincial, or Municipal legislation, regulation, bylaw, policy or guideline; (iii) the Engineering Plans comply with the Engineering Design and Construction Standards; and (iv) the Engineering Plans are in accordance with standard acceptable engineering practices.