Common use of MOU Monitoring and Oversight Clause in Contracts

MOU Monitoring and Oversight. 8.2.1 The FHWA will provide necessary and appropriate monitoring and oversight of TxDOT's compliance with this MOU. The FHWA's monitoring and oversight activities under this MOU in years 1 through 4 of this MOU’s term will primarily consist of auditing as provided at 23 U.S.C. 327(g) and Part 11 of this MOU, and evaluating attainment of the performance measures listed in Part 10 of this MOU. After the fourth year of TxDOT’s participation in the Project Delivery Program, the FHWA will monitor TxDOT’s compliance with the MOU, including the provision by TxDOT of financial resources to carry out the MOU. The FHWA's monitoring and oversight may also include submitting requests for information to TxDOT and other relevant Federal agencies, verifying TxDOT's financial and personnel resources dedicated to carrying out the responsibilities assumed, and reviewing documents and other information. 8.2.2 Pursuant to 23 U.S.C. 327(c)(4), TxDOT is responsible for providing FHWA any information FHWA considers necessary to ensure that TxDOT is adequately carrying out the responsibilities assigned. At the request of FHWA, TxDOT will promptly (within 5 business days) provide FHWA with any information FHWA considers necessary to ensure that TxDOT is adequately carrying out the responsibilities assigned to TxDOT, including making relevant employees and consultants available at their work location (including in-person meeting, teleconference, videoconference or other electronic means as may be available). 8.2.3 TxDOT shall make project files and general administrative files pertaining to its discharge of the responsibilities it has assumed under this MOU reasonably available for inspection by FHWA at the files' locations upon reasonable notice, which is not less than 5 business days. These files shall include, but are not limited to, all letters and comments received from governmental agencies, the public, and others with respect to TxDOT's discharge of the responsibilities assumed under this MOU. 8.2.4 In carrying out the responsibilities assumed under this MOU, TxDOT agrees to carry-out regular quality control and quality assurance activities to ensure that the assumed responsibilities are being conducted in accordance with applicable law and this MOU. At a minimum, TxDOT's quality control and quality assurance activities will include the review and monitoring of its processes and performance relating to project decisions, environmental analysis, project file documentation, checking for errors and omissions, legal sufficiency reviews, and taking appropriate corrective action as needed. Within 3 months of the effective date of this MOU, TxDOT and FHWA shall finalize a quality control and quality assurance (QA/QC) process that satisfies the requirements of this subpart. In developing and implementing the QA/QC process, TxDOT shall consult with the FHWA Texas Division Office. TxDOT agrees to cooperate with FHWA to incorporate recommendations FHWA may have with respect to its QA/QC process. 8.2.5 TxDOT shall perform regular self-assessments of its QA/QC process and performance to determine whether its process is working as intended, to identify any areas needing improvements in the process, and to timely take any corrective actions necessary to address the areas needing improvement. At least 1 month prior to the date of a scheduled FHWA audit, TxDOT shall transmit a summary of its self-assessment(s) to the FHWA Texas Division Office. The summary shall include a description of the scope of the self-assessment(s) conducted and the areas reviewed, a description of the process followed in conducting the self-assessment, a list of the areas identified as needing improvement, any corrective actions that have been or will be implemented, a statement from the Director of TxDOT’s Environmental Affairs Division concerning whether the processes are ensuring that the responsibilities TxDOT has assumed under this MOU are being carried-out in accordance with this MOU and all applicable Federal laws and policies, and a summary of TxDOT's progress toward attaining the performance measures listed in Part 10 of this MOU. After a period of 2 years from the Effective Date of this MOU, TxDOT shall conduct its self-assessments no less frequently than annually. 8.2.6 Every month after the Effective Date of this MOU for a period of 2 years, TxDOT will provide a report to the FHWA Texas Division Office listing any approvals and decisions TxDOT has made with respect to the responsibilities TxDOT has assumed under this MOU. After a period of two years from Effective Date of this MOU, TxDOT shall submit its approval and decision report to the FHWA no less frequently than every 6 months.

MOU Monitoring and Oversight. 8.2.1 The FHWA will provide necessary and appropriate monitoring and oversight of TxDOTADOT's compliance with this MOU. The FHWA's monitoring and oversight activities under this MOU in years 1 one through 4 four of this MOU’s 's term will primarily consist of auditing an annual audit as provided at 23 U.S.C. 327(g) and Part 11 of this MOU, and evaluating attainment of the performance measures listed in Part 10 of this MOU. After the fourth year of TxDOT’s ADOT's participation in the Project Delivery Program, the FHWA will monitor TxDOT’s ADOT's compliance with the MOU, MOU including the provision by TxDOT ADOT of financial resources to carry out the MOUMOU as provided at 23 U.S.C. 327(h). The FHWA's monitoring and oversight may also include submitting requests for information to TxDOT ADOT and other relevant Federal agencies, verifying TxDOTADOT's financial and personnel resources dedicated to carrying out the responsibilities assumed, and reviewing documents and other information. 8.2.2 Pursuant to 23 U.S.C. 327(c)(4), TxDOT ADOT is responsible for providing FHWA any information FHWA reasonably considers necessary to ensure that TxDOT ADOT is adequately carrying out the responsibilities assigned. At When requesting information subject to section 327(c)(4), FHWA will provide the request of FHWAto ADOT in writing, TxDOT and the request will promptly (within 5 business days) provide identify with reasonable specificity the information required. FHWA with any will also indicate in the request a deadline for the information FHWA considers necessary to be provided. ADOT will, in good faith, work to ensure that TxDOT the information requested is adequately carrying out provided by the responsibilities assigned deadline. ADOT’s response to TxDOTan information request under this paragraph will include, including where appropriate, making relevant employees and consultants available at their work location (including in-person meeting, teleconference, videoconference or other electronic means as may be available). 8.2.3 TxDOT ADOT shall make project files and general administrative files pertaining to its the discharge of the responsibilities it has assumed under this MOU reasonably available for inspection by FHWA at the files' locations upon reasonable notice, which is not less than 5 five (5) business days. These files shall include, but are not limited to, all letters and comments received from governmental agencies, the public, and others with respect to TxDOTADOT's discharge of the responsibilities assumed under this MOU. 8.2.4 In carrying out the responsibilities assumed under this MOU, TxDOT ADOT agrees to carry-carry out regular quality control and quality assurance activities (QA/QC) reviews to ensure that the assumed responsibilities are being conducted in accordance with applicable law and this MOU. At a minimum, TxDOTADOT's quality control and quality assurance activities QA/QC process will include the review and monitoring of its processes and performance relating to project decisions, completion of environmental analysis, project file documentation, checking for errors and omissions, and legal sufficiency reviews, and taking appropriate corrective action as needed. Within 3 three (3) months of the effective date Effective Date of this MOU, TxDOT and FHWA ADOT shall finalize a quality control and quality assurance (QA/QC) QC process that satisfies the requirements of in this subpart. In developing and implementing the QA/QC process, TxDOT ADOT shall consult with the FHWA Texas Arizona Division Office. TxDOT ADOT agrees to cooperate with FHWA to incorporate consider recommendations from FHWA may have with respect to its QA/QC process. 8.2.5 TxDOT ADOT shall perform regular annual self-assessments of its QA/QC process and performance to determine whether if its process is working as intended. If any process areas are identified as needing improvement, to identify any areas needing improvements in the process, ADOT will take appropriate and to timely take any corrective actions necessary to address the areas needing improvementsuch areas. At least 1 one month prior to the date of a scheduled FHWA audit, TxDOT shall audit ADOT will transmit a summary of its most recent self-assessment(s) assessment to the FHWA Texas Arizona Division Office. The summary shall will include a description of the scope of the self-assessment(s) self- assessment conducted and the areas reviewed, a description of the process followed in conducting the self-assessment, a list of the areas identified as needing improvement, any corrective actions that have been or will be implemented, implemented and a statement from the Director of TxDOTADOT’s Environmental Affairs Division Planning Administrator concerning whether the processes are ensuring that the responsibilities TxDOT ADOT has assumed under this MOU are being carried-carried out in accordance with this MOU and all applicable Federal laws and policies, and a summary of TxDOTADOT's progress toward attaining the performance measures listed in Part 10 of this MOU. After a period of 2 years from . 8.2.6 Upon the Effective Date of this MOU, TxDOT shall conduct its self-assessments no less frequently than annually. 8.2.6 Every month after the Effective Date ADOT will maintain a list of this MOU for a period of 2 years, TxDOT will provide a report to the FHWA Texas Division Office listing any NEPA approvals and decisions TxDOT has made with respect to the responsibilities TxDOT has assumed (CE, EA, XXXXX, DEIS, FEIS, FEIS/ROD, ROD) and Section 4(f) approvals it makes under this MOU. After a period of two years from Effective Date of this MOUADOT will provide an updated list to FHWA Arizona Division every six (6) months (January 1 through June 30, TxDOT shall submit its approval and decision report to the FHWA no less frequently than every 6 monthsJuly 1 through December 31).

MOU Monitoring and Oversight. 8.2.1 The FHWA will provide necessary and appropriate monitoring and oversight of TxDOTODOT's compliance with this MOU. The FHWA's monitoring and oversight activities under this MOU in years 1 through 4 of this MOU’s 's term will primarily consist of auditing as provided at 23 U.S.C. 327(g) and Part 11 of this MOU, and evaluating attainment of the performance measures listed in Part 10 of this MOU. After the fourth year of TxDOT’s ODOT's participation in the Project Delivery Program, the FHWA will monitor TxDOT’s ODOT's compliance with the MOU, including the provision by TxDOT ODOT of financial resources to carry out the MOU. The FHWA's monitoring and oversight may also include submitting requests for information to TxDOT ODOT and other relevant Federal agencies, verifying TxDOTODOT's financial and personnel resources dedicated to carrying out the responsibilities assumed, and reviewing documents and other information. 8.2.2 Pursuant to 23 U.S.C. 327(c)(4), TxDOT ODOT is responsible for providing FHWA any information FHWA considers necessary to ensure that TxDOT ODOT is adequately carrying out the responsibilities assigned. At When requesting information subject to section 327(c)(4), FHWA will provide the request of FHWAto ODOT in writing, TxDOT and the request will promptly (within 5 business days) provide identify with reasonable specificity the information required. FHWA with any will also indicate in the request a deadline for the information FHWA considers necessary to be provided. ODOT will, in good faith, work to ensure that TxDOT the information requested is adequately carrying out provided by the responsibilities assigned deadline. ODOT’s response to TxDOTan information request under this paragraph will include, including where appropriate, making relevant employees and consultants available at their work location (including in-person meeting, teleconference, videoconference or other electronic means as may be available). 8.2.3 TxDOT ODOT shall make project files and general administrative files pertaining to its discharge of the responsibilities it has assumed under this MOU reasonably available for inspection by FHWA at the files' locations upon reasonable notice, which is not less than 5 business days. These files shall include, but are not limited to, all letters and comments received from governmental agencies, the public, and others with respect to TxDOTODOT's discharge of the responsibilities assumed under this MOU. 8.2.4 In carrying out the responsibilities assumed under this MOU, TxDOT ODOT agrees to carry-out regular quality control and quality assurance activities to ensure that the assumed responsibilities are being conducted in accordance with applicable law and this MOU. At a minimum, TxDOTODOT's quality control and control/quality assurance activities will include the review and monitoring of its processes and performance relating to project decisions, environmental analysis, project file documentation, checking for errors and omissions, legal sufficiency reviews, and taking appropriate corrective action as needed. Within 3 months of the effective date of this MOU, TxDOT and FHWA ODOT shall finalize a quality control and quality assurance (QA/QC) process that satisfies the requirements of this subpart. In developing and implementing the QA/QC process, TxDOT ODOT shall consult with the FHWA Texas Ohio Division Office. TxDOT ODOT agrees to cooperate with FHWA to incorporate recommendations FHWA may have with respect to its QA/QC process. 8.2.5 TxDOT shall perform regular self-assessments of its QA/QC process and performance to determine whether its process is working as intended, to identify any areas needing improvements in the process, and to timely take any corrective actions necessary to address the areas needing improvement. At least 1 month prior to the date of a scheduled FHWA audit, TxDOT shall transmit a summary of its self-assessment(s) to the FHWA Texas Division Office. The summary shall include a description of the scope of the self-assessment(s) conducted and the areas reviewed, a description of the process followed in conducting the self-assessment, a list of the areas identified as needing improvement, any corrective actions that have been or will be implemented, a statement from the Director of TxDOT’s Environmental Affairs Division concerning whether the processes are ensuring that the responsibilities TxDOT has assumed under this MOU are being carried-out in accordance with this MOU and all applicable Federal laws and policies, and a summary of TxDOT's progress toward attaining the performance measures listed in Part 10 of this MOU. After a period of 2 years from the Effective Date of this MOU, TxDOT shall conduct its self-assessments no less frequently than annually. 8.2.6 Every month after the Effective Date of this MOU for a period of 2 years, TxDOT will provide a report to the FHWA Texas Division Office listing any approvals and decisions TxDOT has made with respect to the responsibilities TxDOT has assumed under this MOU. After a period of two years from Effective Date of this MOU, TxDOT shall submit its approval and decision report to the FHWA no less frequently than every 6 months.

MOU Monitoring and Oversight. 8.2.1 The FHWA will provide necessary and appropriate monitoring and oversight of TxDOTDOT&PF's compliance with this MOU. The FHWA's monitoring and oversight activities under this MOU in years 1 one through 4 four of this MOU’s 's term will primarily consist of auditing an annual audit as provided at 23 U.S.C. 327(g) and Part 11 of this MOU, and evaluating attainment of the performance measures listed in Part 10 of this MOU. After the fourth year of TxDOT’s DOT&PF's participation in the Project Delivery Program, the FHWA will monitor TxDOT’s DOT&PF's compliance with the MOU, MOU including the provision by TxDOT DOT&PF of financial resources to carry out the MOU. The FHWA's monitoring and oversight may also include submitting requests for information to TxDOT DOT&PF and other relevant Federal agencies, verifying TxDOTDOT&PF's financial and personnel resources dedicated to carrying out the responsibilities assumed, and reviewing documents and other information. 8.2.2 Pursuant to 23 U.S.C. 327(c)(4), TxDOT DOT&PF is responsible for providing FHWA any information FHWA reasonably considers necessary to ensure that TxDOT DOT&PF is adequately carrying out the responsibilities assigned. At When requesting information subject to section 327(c)(4), FHWA will provide the request of FHWAto DOT&PF in writing, TxDOT and the request will promptly (within 5 business days) provide identify with reasonable specificity the information required. FHWA with any will also indicate in the request a deadline for the information FHWA considers necessary to be provided. DOT&PF will, in good faith, work to ensure that TxDOT the information requested is adequately carrying out provided by the responsibilities assigned deadline. DOT&PF’s response to TxDOTan information request under this paragraph will include, including where appropriate, making relevant employees and consultants available at their work location (including in-person meeting, teleconference, videoconference or other electronic means as may be available). 8.2.3 TxDOT The DOT&PF shall make project files and general administrative files pertaining to its the discharge of the responsibilities it has assumed under this MOU reasonably available for inspection by FHWA at the files' locations upon reasonable notice, which is not less than 5 five business days. These files shall include, but are not limited to, all letters and comments received from governmental agencies, the public, and others with respect to TxDOTDOT&PF's discharge of the responsibilities assumed under this MOU. The DOT&PF will maintain privileged communications in separate files and, at the request of FHWA, will provide those communications to FHWA’s counsel for the purposes of FHWA’s review and monitoring of the Program and to preserve DOT&PF’s privileges in those communications. 8.2.4 In carrying out the responsibilities assumed under this MOU, TxDOT DOT&PF agrees to carry-carry out regular quality control and quality assurance activities (QA/QC) reviews to ensure that the assumed responsibilities are being conducted in accordance with applicable law and this MOU. At a minimum, TxDOTDOT&PF's quality control and quality assurance activities QA/QC process will include the review and monitoring of its processes and performance relating to project decisions, completion of environmental analysis, project file documentation, checking for errors and omissions, and legal sufficiency reviews, and taking appropriate corrective action as needed. Within 3 three (3) months of the effective date Effective Date of this MOU, TxDOT and FHWA DOT&PF shall finalize a quality control and quality assurance (QA/QC) QC process that satisfies the requirements of in this subpart. In developing and implementing the QA/QC process, TxDOT DOT&PF shall consult with the FHWA Texas Alaska Division Office. TxDOT DOT&PF agrees to cooperate with FHWA to incorporate consider recommendations FHWA may have made with respect to its QA/QC process. 8.2.5 TxDOT The DOT&PF shall perform regular annual self-assessments of its QA/QC process and performance to determine whether if its process is working as intended. If any process areas are identified as needing improvement, to identify any areas needing improvements in the process, DOT&PF will take appropriate and to timely take any corrective actions necessary to address the areas needing improvementsuch areas. At least 1 one month prior to the date of a scheduled FHWA audit, TxDOT shall audit DOT&PF will transmit a summary of its most recent self-assessment(s) assessment to the FHWA Texas Alaska Division Office. The summary shall will include a description of the scope of the self-assessment(s) assessment conducted and the areas reviewed, a description of the process followed in conducting the self-assessment, a list of the areas identified as needing improvement, any corrective actions that have been or will be implemented, implemented and a statement from the Director of TxDOTDOT&PF’s Environmental Affairs Division Program Manager concerning whether the processes are ensuring that the responsibilities TxDOT DOT&PF has assumed under this MOU are being carried-carried out in accordance with this MOU and all applicable Federal laws and policies, and a summary of TxDOTDOT&PF's progress toward attaining the performance measures listed in Part 10 of this MOU. After a period of 2 years from . 8.2.6 Upon the Effective Date of this MOU, TxDOT shall conduct its self-assessments no less frequently than annually. 8.2.6 Every month after the Effective Date DOT&PF will maintain a list of this MOU for a period of 2 years, TxDOT will provide a report to the FHWA Texas Division Office listing any NEPA approvals and decisions TxDOT has made with respect to the responsibilities TxDOT has assumed (CE, EA, XXXXX, DEIS, FEIS, FEIS/ROD, ROD) and Section 4(f) approvals it makes under this MOU. After a period of two years from Effective Date of this MOU, TxDOT shall submit its approval and decision report The DOT&PF will provide an updated list to the FHWA no less frequently than every 6 six (6) months.