Common use of Oversight by TxDOT, FHWA Clause in Contracts

Oversight by TxDOT, FHWA. 9.3.2.1 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 Facility or the Work, to the extent necessary or advisable (a) to comply with FHWA, U.S. Army Corps of Engineers or other applicable federal agency requirements, (b) to verify on an audit basis Developer’s compliance with the CDA Documents and Facility Management Plan as provided in Section 22.2 and (c) to verify the Independent Engineer’s proper performance of its responsibilities and obligations. 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 Facility. 9.3.2.2 Refer to Section 22.2 for TxDOT’s rights to audit Developer and its Contractors. Developer acknowledges and agrees that TxDOT will have the right to audit, monitor and inspect the Independent Engineer and its compliance with Good Industry Practice and its responsibilities and obligations under the Independent Engineer Agreement. 9.3.2.3 TxDOT will not conduct formal prior reviews of Design Documents except to the extent necessary or advisable to comply with FHWA, U.S. Army Corps of Engineers or other applicable federal agency requirements or unless TxDOT chooses to do so pursuant to Section 18.5. TxDOT does not intend to conduct “over-the-shoulder” reviews of Design Documents or other Submittals but reserves the right to do so pursuant to Section 18.5. TxDOT shall have no obligation to conduct “over-the-shoulder” reviews.

Oversight by TxDOT, FHWA. 9.3.2.1 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 Facility Project or the Work, to the extent necessary or advisable (a) to comply with FHWA, U.S. Army Corps of Engineers or other applicable federal agency requirements, (b) to verify on an audit basis Developer’s compliance with the CDA Documents and Facility Project Management Plan as provided in Section 22.2 and (c) to verify the Independent Engineer’s proper performance of its responsibilities and obligations. 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 FacilityProject. 9.3.2.2 Refer to Section 22.2 for TxDOT’s rights to audit Developer and its Contractors. Developer acknowledges and agrees that TxDOT will have the right to audit, monitor and inspect the Independent Engineer and its compliance with Good Industry Practice and its responsibilities and obligations under the Independent Engineer Agreement. 9.3.2.3 TxDOT will not conduct formal prior reviews of Design Documents except to the extent necessary or advisable to comply with FHWA, U.S. Army Corps of Engineers or other applicable federal agency requirements or unless . TxDOT chooses to do so pursuant to Section 18.5. TxDOT does not intend to conduct “over-over- the-shoulder” reviews of Design Documents or other Submittals but reserves the right to do so pursuant to Section 18.5. TxDOT shall have no obligation to conduct “over-the-shoulder” reviews.

Oversight by TxDOT, FHWA. 9.3.2.1 (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 Facility Project or the Work, to the extent necessary or advisable (a) to comply with FHWA, U.S. Army Corps of Engineers or other applicable federal agency requirements, (b) to verify on an audit basis Developer’s compliance with the CDA Documents and Facility Project Management Plan as provided in Section 22.2 34.4 and (c) to verify the Independent Engineer’s proper performance of its responsibilities and obligations. 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 FacilityProject. 9.3.2.2 (b) Refer to Section 22.2 34.4 for TxDOT’s rights to audit Developer and its Contractors. Developer acknowledges and agrees that TxDOT will have the right to audit, monitor and inspect the Independent Engineer and its compliance with Good Industry Practice and its responsibilities and obligations under the Independent Engineer Agreement. 9.3.2.3 (c) TxDOT will not conduct formal prior reviews of Design Documents or Construction Documents except to the extent necessary or advisable to comply with FHWA, U.S. Army Corps of Engineers or other applicable federal agency requirements or unless TxDOT chooses to do so pursuant to Section 18.528.5. TxDOT does not intend to conduct “over-the-shoulder” reviews of Design Documents or other Submittals but reserves the right to do so pursuant to Section 18.528.5. TxDOT shall have no obligation to conduct “over-the-shoulder” reviews. (d) Nothing in the 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.