Oversight by Independent Engineer. The Independent Engineer will perform oversight, inspection, testing and auditing respecting the Design Work and Construction Work in accordance with Section 9.3 and the Independent Engineer Agreement.
Oversight by Independent Engineer. 9.3.1.1 From and after the Effective Date, the Independent Engineer shall have the right and responsibility to conduct the monitoring, reviewing, inspection, testing, reporting, auditing and other oversight functions set forth in the CDA Documents and the Independent Engineer Agreement. The Parties shall cause the Independent Engineer Agreement to include all the rights and responsibilities of the Independent Engineer set forth in the CDA Documents.
9.3.1.2 The Independent Engineer’s rights and responsibilities shall include throughout the Term the following:
(a) Monitoring and auditing Developer and its books and records to determine compliance with requirements of the CDA Documents and the approved Project Management Plan, including (i) audit review of Design Documents, Construction Documents and other Submittals and (ii) audit review regarding Patron Confidential Information; as provided in Section 8.8.7;
(b) Conducting field monitoring and inspections on an audit basis as indicated in the CDA Documents and Independent Engineer Agreement, including in connection with TxDOT’s certifications of Substantial Completion, Service Commencement and Final Acceptance;
(c) Conducting Owner Verification Tests (“OVT”) to verify Developer’s compliance with all testing frequencies and requirements, including performance and acceptance testing, set forth in the CDA Documents and the approved Project Management Plan. The Independent Engineer’s OVT effort during construction will focus on materials, components, systems and Elements where Nonconforming Work, Deviations, Defects or other non-compliance could affect safety, compliance with Governmental Approvals or the Residual Life at Handback. Notwithstanding any contrary provisions hereof, the Independent Engineer will perform OVT as the express agent of TxDOT, under TxDOT’s exclusive direction and control, and TxDOT will pay for all costs of the Independent Engineer’s OVT services;
(d) Providing simultaneously to Developer, TxDOT and the Collateral Agent reports, quality reports, regular audit reports, reports on Performance Requirements, Targets and Defects, other reports, and findings, opinions, evaluations, comments, objections and recommendations, all as more particularly set forth in the CDA Documents and the Independent Engineer Agreement;
(e) Reviewing and commenting on all Submittals for which TxDOT review and comment or approval is required under the CDA Documents, unless expressly provided otherwise in the CDA...
Oversight by Independent Engineer. (a) From and after the Effective Date, the Independent Engineer shall have the right and responsibility to conduct the monitoring, reviewing, inspection, testing, reporting, auditing and other oversight functions set forth in the CDA Documents and the Independent Engineer Agreement. The Parties shall cause the Independent Engineer Agreement to include all the rights and responsibilities of the Independent Engineer set forth in the CDA Documents.
(b) The Independent Engineer’s rights and responsibilities shall include throughout the Term the following:
(i) Monitoring and auditing Developer and its books and records to determine compliance with requirements of the CDA Documents and the approved Project Management Plan, including (1) audit review of Design Documents, Construction Documents and other Submittals and
