Common use of Oversight by TxDOT and Others Clause in Contracts

Oversight by TxDOT and Others. (a) TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisable: (i) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (ii) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 days after Developer receives them. (c) At all points in performance of the Work at which specific inspections or approvals by TxDOT are required by the Contract Documents or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or test the work. Such oversight, inspection or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (i) safe and unrestricted access to the Project at all times, (ii) safe access during normal business hours to Developer’s Project offices and operations buildings and (iii) unrestricted access to data related to the Work, subject to Section 20.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten (10) days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to Developer’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify DeveloperDB Contractor’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law22.5. TxDOT shall conduct such activity in accordance with DeveloperDB Contractor’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Project Management PlansPlan. Developer DB Contractor shall provide to TxDOT all test results and reports (reports, which may be provided in electronic format format, in accordance with the Technical Provisions) within 10 days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or approvals by TxDOT are required by the Contract Documents or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and test the work. Such oversight, inspection or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4 DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer DB Contractor shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1. TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisable: (i) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (ii) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2. TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer DB Contractor shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer DB Contractor receives them. (c) 5.4.2.3. At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4. DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5. Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6. Nothing in the Contract Documents shall preclude, and Developer DB Contractor shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify DeveloperDB Contractor’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with DeveloperDB Contractor’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer DB Contractor shall provide to TxDOT all test results and reports (reports, which may be provided in electronic format format, in accordance with the Technical Provisions) within 10 days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4 DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer DB Contractor shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast GuardCustoms and Border Protection, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to Developer’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA any federal entity may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify DeveloperDB Contractor’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.5. TxDOT shall conduct such activity in accordance with DeveloperDB Contractor’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer DB Contractor shall provide to TxDOT all test results and reports (reports, which may be provided in electronic format format, in accordance with the Technical Provisions) within 10 days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4 DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer DB Contractor shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify DeveloperDB Contractor’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law22.5. TxDOT shall conduct such activity in accordance with DeveloperDB Contractor’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management PlansPlan. Developer DB Contractor shall provide to TxDOT all test results and reports (reports, which may be provided in electronic format format, in accordance with the Technical Provisions) within 10 days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4 DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer DB Contractor shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisable: advisable to (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, requirements and requirements of the Port of Corpus Christi, (iib) to verify DeveloperDB Contractor’s compliance with the Contract Documents and the Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law22.4. TxDOT shall conduct such activity in accordance with DeveloperDB Contractor’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable the Project Management PlansPlan. Developer DB Contractor shall provide to TxDOT all test results and reports (reports, which may be provided in electronic format format, in accordance with the Technical Provisions) within 10 days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or approvals by TxDOT are required by the Contract Documents Documents, the CQMP, or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and test the work. Such oversight, inspection or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4 DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: Representative (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings buildings, and (iiic) unrestricted access to data related to the Work, subject to Section 20.122.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (ii) safe access during normal business hours to Developer’s Project offices and operations buildings and (iii) unrestricted access to data related to the Work, subject to Section 20.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.,

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract CDA Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 days after Developer receives them.applicable (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract CDA Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to Developer’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract CDA Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast GuardCustoms and Border Protection, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approveappr ove. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person Perso n a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated designat ed in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to Developer’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA any federal entity may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1. TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisable: (i) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (ii) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2. TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer DB Contractor shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer DB Contractor receives them. (c) 5.4.2.3. At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract DBA Documents or and/or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement DBA nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4. DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5. Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) Nothing in the Contract Documents shall preclude, and Developer 5.4.2.6. DB Contractor shall not interfere with, with any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to Developer’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract CDA Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract CDA Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to Developer’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract CDA Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast GuardCustoms and Border Protection, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in Texas Department of Transportation RFP Addendum #5 Loop 375 – Border Highway West Extension Project 34 Development Agreement March 19, 2014 accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to Developer’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA any federal entity may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with Texas Department of Transportation Request for ProposalsRFP Addendum 1 SH 99 Grand Parkway Project 34 Development Agreement May 3June 19, 2012 Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to Developer’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1. TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (ii) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law, 5.4.2.2. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer DB Contractor shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 days 48 hours after Developer DB Contractor receives them. (c) 5.4.2.3. At all points in performance of the Work at which specific inspections or approvals by TxDOT are required by the Contract DBA Documents or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or test the work. Such oversight, inspection or testing does not make such Person a party to this Agreement DBA nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4. DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5. Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1. TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (ii) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law, 5.4.2.2. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer DB Contractor shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 days 48 hours after Developer DB Contractor receives them. (c) 5.4.2.3. At all points in performance of the Work at which specific inspections or approvals by TxDOT are required by the Contract DBA Documents or and/or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement DBA nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4. DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5. Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1 TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (iib) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law21.4. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably Texas Department of Transportation RFP Addendum 1 2 SH 99 Grand Parkway Project 33 Development Agreement interfere with normal construction activity or normal operation and maintenance of the Project. (b) 5.4.2.2 TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 ten days after Developer receives them. (c) 5.4.2.3 At all points in performance of the Work at which specific inspections or and/or approvals by TxDOT are required by the Contract Documents or and/or the Project Management Plan, Developer shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right in writing to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or and/or test the work. Such oversight, inspection or and/or testing does not make such Person a party to this Agreement nor will it change the rights of the Parties. Developer hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) 5.4.2.4 Developer at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5 Without limiting the foregoing, Developer shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to Developer’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) 5.4.2.6 Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.

Oversight by TxDOT and Others. (a) 5.4.2.1. TxDOT and its Authorized Representative shall have the right at all times to monitor, inspect, sample, measure, attend, observe or conduct tests and investigations, and conduct any other oversight respecting any part or aspect of the Project or the Work, to the extent necessary or advisableadvisable to: (ia) to comply with FHWA, U.S. Coast Guard, U.S. Army Corps of Engineers or other applicable federal agency requirements, and requirements of the Port of Corpus Christi, (ii) to verify Developer’s compliance with the Contract Documents and Project Management Plan as provided in Section 20.5 or (iii) to comply with applicable Law, 5.4.2.2. TxDOT shall conduct such activity in accordance with Developer’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal construction activity or normal operation and maintenance of the Project. (b) TxDOT shall have the right to attend and witness any tests and verifications to be conducted pursuant to the Technical Provisions and applicable Management Plans. Developer DB Contractor shall provide to TxDOT all test results and reports (which may be provided in electronic format in accordance with the Technical Provisions) within 10 days after Developer receives them.and (c) 5.4.2.3. At all points in performance of the Work at which specific inspections or approvals by TxDOT are required by the Contract DBA Documents or the Project Management Plan, Developer DB Contractor shall not proceed beyond that point until TxDOT has made such inspection or approval or waived its right to inspect or approve. In addition, when any Utility Owner is to accept or pay for a portion of the cost of the Work, its respective representatives have the right to oversee, inspect or test the work. Such oversight, inspection or testing does not make such Person a party to this Agreement DBA nor will it change the rights of the Parties. Developer DB Contractor hereby consents to such oversight, inspection and owner verification testing. Upon request from TxDOT, Developer DB Contractor shall furnish information to such Persons as are designated in such request and shall permit such Persons access to the Site and all parts of the Work. (d) Developer 5.4.2.4. DB Contractor at all times shall coordinate and cooperate, and require its Subcontractors to coordinate and cooperate, with TxDOT and its Authorized Representative to facilitate TxDOT’s oversight activities. Developer DB Contractor shall cause its representatives to be available at all reasonable times for consultation with TxDOT. (e) 5.4.2.5. Without limiting the foregoing, Developer DB Contractor shall afford TxDOT and its Authorized Representative: (ia) safe and unrestricted access to the Project at all times, (iib) safe access during normal business hours to DeveloperDB Contractor’s Project offices and operations buildings and (iiic) unrestricted access to data related to the Work, subject to Section 20.121.1. Without limiting the foregoing, Developer DB Contractor shall deliver to TxDOT upon request accurate and complete books, records, data and information regarding Work, the Project and the Utility Adjustment Work, in the format required by the Technical Provisions. (f) Nothing in the Contract Documents shall preclude, and Developer shall not interfere with, any review or oversight of Submittals or of Work that the FHWA may desire to conduct.