Common use of Risk Mitigation Clause in Contracts

Risk Mitigation. As an early activity of the Predevelopment Work, provide a draft risk management Plan, and then conduct facilitated risk workshops with MDOT to evaluate the potential risks to the Work and develop and prioritize potential methods of eliminating, minimizing, mitigating or managing these risks. Potential strategies may include: (a) collecting additional MDOT, Governmental Entity and third party background materials; (b) obtaining additional field data (surveys, borings, test holes, etc.); (c) performing additional studies and engineering analyses (constructability reviews, alternative evaluations, mitigation studies, innovative design or construction techniques, etc.); (d) developing portions of the design more completely than what may be only minimally required for a determination of price reasonableness to ensure a full understanding of all Work requirements; (e) determining the required Limits of Disturbance ("LOD") and ROW needs for all Work, any ROW needed, and required Governmental Approvals for any additional LOD and ROW identified; (f) commencing certain activities early (property acquisition, Utility Adjustments, etc.) subject to constraints including but not limited to NEPA constraints, right-of-entry to properties, permit conditions and Governmental Approvals; (g) developing protocols, standard operating procedures, specifications, agreements, and any other mechanisms or processes required to ensure environmental compliance and mitigate the risk of the permit acquisition process; (h) identifying Governmental Approvals and third party approvals with a potential to impact the schedule and collaborate with these parties on mitigative actions; and (i) applying lessons learned from similar work performed for MDOT and from other similarly complex projects. Beyond the initial risk workshop, the identification, assessment, avoidance, minimization and mitigation of risk is a continuous activity and the responsibility of the Phase Developer throughout the Predevelopment Work with the goal of developing a Committed Section Proposal which effectively addresses all potential risks.