Common use of Oversight, Inspection and Testing Clause in Contracts

Oversight, Inspection and Testing. 3.4.1 KYTC will have the right at all times to conduct Oversight to: (a) comply with FHWA or other applicable federal agency requirements; and (b) verify DBT’s compliance with the Contract Documents, , and any applicable Law. KYTC may designate any Person or Persons, including its consultants and independent auditors, to carry out any Oversight on KYTC’s behalf. KYTC will conduct Oversight in accordance with DBT’s safety procedures and manuals, and in a manner that does not unreasonably interfere with normal Project construction activity. The foregoing shall not be construed to limit KYTC’s Oversight or prevent KYTC from conducting any Oversight that KYTC, in its sole discretion, deems necessary. 3.4.2 KYTC’s Oversight rights shall include, but not be limited to, the following: (a) Monitoring and auditing DBT, DBT-Related Entities, and the Books and Records of the foregoing as more particularly set forth in Section 21.5; (b) Conducting periodic reviews of Project documentation and files; (c) Conducting material tests, according to KYTC’s test methods, to verify: (i) DBT’s compliance with all testing frequencies and requirements, including performance and acceptance testing set forth in the Contract Documents, (ii) the accuracy of the tests, inspections, and audits performed by or on behalf of DBT pursuant to the Quality Management Plan, and (iii) compliance of materials incorporated into the Project with the applicable requirements, conditions, and standards of the Contract Documents, Governmental Approvals, and Law; (d) Reviewing and commenting on Submittals; (e) Reviewing records and conducting interviews as necessary to verify compliance with federal, Commonwealth, and local laws and regulations; (f) Participating in meetings to discuss design progress, construction progress, DBT’s quality control processes, audit activities, and other issues; (g) Accompanying DBT on Inspections, conducting its own inspections in addition to the Inspections, assessing DBT’s records of Inspections and Project conditions, and assessing the condition of Elements; (h) Attending and witnessing DBT’s other tests and inspections; (i) Reviewing DBT’s certification of Record Drawings and surveys and schedule; and (j) Investigating and confirming DBT’s compliance with the Safety Management Plan. 3.4.3 KYTC will have the right to conduct formal reviews of every Design Document and Construction Document.

Oversight, Inspection and Testing. 3.4.1 KYTC 36 3.6.1 ADOT will have the right at all times to conduct Oversight to: : (a) comply with FHWA or other applicable federal agency requirements; and (b) to verify DBT38 Developer’s compliance with the Contract Documents, , Documents and any applicable LawProject Management Plan. KYTC 1 ADOT may designate any Person or Persons, including its consultants and independent 2 auditors, to carry out any Oversight on KYTCADOT’s behalf. KYTC ADOT will conduct Oversight in 3 accordance with DBTDeveloper’s safety procedures and manuals, and in a manner that 4 does not unreasonably interfere with normal Project construction activity or normal 5 Project operation and maintenance activity. The foregoing shall not be construed to limit KYTC’s Oversight or prevent KYTC from conducting any Oversight that KYTC, in its sole discretion, deems necessary. 3.4.2 KYTC6 3.6.2 ADOT’s Oversight rights shall include, but not be limited to, include the following: 7 (a) Monitoring and auditing DBTDeveloper, DBTDeveloper-Related Entities, Entities 8 and the their Books and Records of the foregoing as more particularly set forth in Section 21.5; (b) 23.5; Conducting periodic reviews of Project documentation and files; (c) ; Conducting material tests, according to KYTCADOT’s test methods, to verify: (i) DBT11 verify Developer’s compliance with all testing frequencies and requirements, including 12 performance and acceptance testing testing, set forth in the Contract DocumentsDocuments and the 13 approved Project Management Plan, (ii) the accuracy of the tests, inspections, inspections and audits 14 performed by or on behalf of DBT Developer pursuant to the approved Professional Services 15 Quality Management Plan and approved Construction Quality Management Plan, and (iii) 16 compliance of materials incorporated into the Project with the applicable requirements, conditions, 17 conditions and standards of the Contract Documents, Governmental Approvals, the 18 Project Management Plan and Law; ; 19 (d) 20 (e) Reviewing and commenting on Submittals; (e) Reviewing records ; Reviewing, commenting on and conducting interviews giving recommendations, 21 objections or exceptions regarding the Capital Asset Replacement Work Plan and 22 revisions thereto, as necessary to verify compliance with federal, Commonwealth, and local laws and regulations; provided in Section 8.3.2; 23 (f) Participating in meetings described in Section 3.10 to discuss 24 design progress, construction progress, DBTDeveloper’s quality control processes, audit 25 activities, and other Project Management Plan issues; ; 26 (g) Accompanying DBT Developer on Inspections, conducting its own 27 inspections in addition to the Inspections, assessing DBTDeveloper’s records of Inspections Inspections, 28 Maintenance Services and Project conditions, and assessing the condition of Elements; ; 29 (h) Attending and witnessing DBTDeveloper’s other tests and 30 inspections, including system start-up and acceptance tests and inspections; 31 (i) Reviewing DBTDeveloper’s certification of Record Drawings and 32 surveys and scheduleAs-Built Schedule; and and 33 (j) Investigating and confirming DBTDeveloper’s compliance with the 34 Safety Management Plan. 3.4.3 KYTC 35 3.6.3 ADOT will have the right right, but does not intend, to conduct formal 36 reviews of every Design Document and Construction Document. ADOT will have the 1 right to conduct “over-the-shoulder” reviews of Design Documents and other Submittals 2 in accordance with Section GP 110.10.2.6.1 of the Technical Provisions. However, no 3 over the shoulder review by or on behalf of ADOT shall constitute acceptance by ADOT 4 of materials or Work or waiver of any legal or equitable right under the Contract 5 Documents, at Law, or in equity. Whether or not over-the-shoulder reviews are 6 conducted, Developer at all times shall have an independent duty and obligation to fulfill 7 the requirements of the Contract Documents. 8 3.6.4 Nothing in the Contract Documents shall preclude, and Developer shall 11 to their agreements with ADOT and applicable Law.

Oversight, Inspection and Testing. 3.4.1 KYTC 36 3.6.1 ADOT will have the right at all times to conduct Oversight to: : (a) comply with FHWA or other applicable federal agency requirements; and (b) to verify DBT38 Developer’s compliance with the Contract Documents, , Documents and any applicable LawProject Management Plan. KYTC 1 ADOT may designate any Person or Persons, including its consultants and independent 2 auditors, to carry out any Oversight on KYTCADOT’s behalf. KYTC ADOT will conduct Oversight in 3 accordance with DBTDeveloper’s safety procedures and manuals, and in a manner that 4 does not unreasonably interfere with normal Project construction activity or normal 5 Project operation and maintenance activity. The foregoing shall not be construed to limit KYTC’s Oversight or prevent KYTC from conducting any Oversight that KYTC, in its sole discretion, deems necessary. 3.4.2 KYTC6 3.6.2 ADOT’s Oversight rights shall include, but not be limited to, include the following: 7 (a) Monitoring and auditing DBTDeveloper, DBTDeveloper-Related Entities, Entities 8 and the their Books and Records of the foregoing as more particularly set forth in Section 21.5; (b) 23.5; Conducting periodic reviews of Project documentation and files; (c) ; Conducting material tests, according to KYTCADOT’s test methods, to verify: (i) DBT11 verify Developer’s compliance with all testing frequencies and requirements, including 12 performance and acceptance testing testing, set forth in the Contract DocumentsDocuments and the 13 approved Project Management Plan, (ii) the accuracy of the tests, inspections, inspections and audits 14 performed by or on behalf of DBT Developer pursuant to the approved Professional Services 15 Quality Management Plan and approved Construction Quality Management Plan, and (iii) 16 compliance of materials incorporated into the Project with the applicable requirements, conditions, 17 conditions and standards of the Contract Documents, Governmental Approvals, the 18 Project Management Plan and Law; ; 19 (d) 20 (e) Reviewing and commenting on Submittals; (e) Reviewing records ; Reviewing, commenting on and conducting interviews giving recommendations, 21 objections or exceptions regarding the Capital Asset Replacement Work Plan and 22 revisions thereto, as necessary to verify compliance with federal, Commonwealth, and local laws and regulations; provided in Section 8.3.2; 23 (f) Participating in meetings described in Section 3.10 to discuss 24 design progress, construction progress, DBTDeveloper’s quality control processes, audit 25 activities, and other Project Management Plan issues; ; 26 (g) Accompanying DBT Developer on Inspections, conducting its own 27 inspections in addition to the Inspections, assessing DBTand scoring Developer’s records of Inspections 28 Inspections, Maintenance Services and Project conditions, and assessing the condition 29 of ElementsElements and performing Asset Condition Scoring; (h) Attending and witnessing DBT’s other tests and inspections; (i) Reviewing DBT’s certification of Record Drawings and surveys and schedule; and (j) Investigating and confirming DBT’s compliance with the Safety Management Plan. 3.4.3 KYTC will have the right to conduct formal reviews of every Design Document and Construction Document.

Oversight, Inspection and Testing. 3.4.1 KYTC 36 3.6.1 ADOT will have the right at all times to conduct Oversight to: : (a) comply with FHWA or other applicable federal agency requirements; and (b) to verify DBT38 Developer’s compliance with the Contract Documents, , Documents and any applicable LawProject Management Plan. KYTC 1 ADOT may designate any Person or Persons, including its consultants and independent 2 auditors, to carry out any Oversight on KYTCADOT’s behalf. KYTC ADOT will conduct Oversight in 3 accordance with DBTDeveloper’s safety procedures and manuals, and in a manner that 4 does not unreasonably interfere with normal Project construction activity or normal 5 Project operation and maintenance activity. The foregoing shall not be construed to limit KYTC’s Oversight or prevent KYTC from conducting any Oversight that KYTC, in its sole discretion, deems necessary. 3.4.2 KYTC6 3.6.2 ADOT’s Oversight rights shall include, but not be limited to, include the following: 7 (a) Monitoring and auditing DBTDeveloper, DBTDeveloper-Related Entities, Entities 8 and the their Books and Records of the foregoing as more particularly set forth in Section 21.5; (b) 23.5; Conducting periodic reviews of Project documentation and files; (c) ; Conducting material tests, according to KYTCADOT’s test methods, to verify: (i) DBT11 verify Developer’s compliance with all testing frequencies and requirements, including 12 performance and acceptance testing testing, set forth in the Contract DocumentsDocuments and the 13 approved Project Management Plan, (ii) the accuracy of the tests, inspections, inspections and audits 14 performed by or on behalf of DBT Developer pursuant to the approved Professional Services 15 Quality Management Plan and approved Construction Quality Management Plan, and (iii) 16 compliance of materials incorporated into the Project with the applicable requirements, conditions, 17 conditions and standards of the Contract Documents, Governmental Approvals, the 18 Project Management Plan and Law; ; 19 (d) 20 (e) Reviewing and commenting on Submittals; (e) Reviewing records ; Reviewing, commenting on and conducting interviews giving recommendations, 21 objections or exceptions regarding the Capital Asset Replacement Work Plan and 22 revisions thereto, as necessary to verify compliance with federal, Commonwealth, and local laws and regulations; provided in Section 8.3.2; 23 (f) Participating in meetings described in Section 3.10 to discuss 24 design progress, construction progress, DBTDeveloper’s quality control processes, audit 25 activities, and other Project Management Plan issues; ; 26 (g) Accompanying DBT Developer on Inspections, conducting its own 27 inspections in addition to the Inspections, assessing DBTDeveloper’s records of Inspections Inspections, 28 Maintenance Services and Project conditions, and assessing the condition of Elements; (h) Attending and witnessing DBT’s other tests and inspections; (i) Reviewing DBT’s certification of Record Drawings and surveys and schedule; and (j) Investigating and confirming DBT’s compliance with the Safety Management Plan. 3.4.3 KYTC will have the right to conduct formal reviews of every Design Document and Construction Document.