Common use of REVIEW OF WORK Clause in Contracts

REVIEW OF WORK. Authorized representatives of the COMMISSION may at all reasonable times review and inspect the SERVICES under this CONTRACT and any Work Assignments thereunder or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION for inspection and review at all reasonable times in the General Offices of the COMMISSION. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, and other work product(s) prepared under this CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION shall not relieve the CONSULTANT of its contractual and professional obligation to correct, at its expense, any of its breaches, negligent acts, errors and/or omissions in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSION, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT is discovered by COMMISSION personnel after final acceptance of the work by the COMMISSION, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSION, or (2) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSION. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of work, then an accounting of all costs incurred by the COMMISSION resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION may at all reasonable times review and inspect the SERVICES being provided under this CONTRACT and any Work Assignments thereunder addenda or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION for inspection and review at all reasonable times in the General Offices of the COMMISSION. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, and other work product(s) prepared under this the CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION shall not relieve the CONSULTANT of its contractual and professional obligation to obligations. CONSULTANT shall correct, at its expense, any of its breaches, negligent acts, errors and/or omissions omissions, in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSION, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT is discovered by COMMISSION personnel after final acceptance of the work by the COMMISSION, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSION, or (2) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSION. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of work, then an accounting of all costs incurred by the COMMISSION resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided provide by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION may at all reasonable times review and inspect the SERVICES under this CONTRACT and any Work Assignments thereunder or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) maps and computations prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION for inspection and review at all reasonable times in the General Offices of the COMMISSION. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, studies and other work product(s) computations prepared under this CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION shall not relieve the CONSULTANT of its contractual and professional obligation to correct, at its expense, any of its breaches, negligent acts, errors and/or omissions in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSION, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION personnel after final acceptance of the work by the COMMISSION, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSION, or (2) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSION. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of workphase, then an accounting of all costs incurred by the COMMISSION resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION LPA may at all reasonable times review and inspect the SERVICES under this CONTRACT and any Work Assignments thereunder or amendments thereto. Authorized representatives of the MDOT and/or FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will MDOT and/or FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) maps and computations prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION LPA for inspection and review at all reasonable times in the General Offices of the COMMISSIONLPA. Authorized representatives of the MDOT and/or FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, studies and other work product(s) computations prepared under this CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION LPA shall not relieve the CONSULTANT of its contractual and professional obligation to correct, at its expense, any of its breaches, negligent acts, errors and/or omissions in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSIONLPA, to the satisfaction of the COMMISSIONLPA, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION LPA personnel after final acceptance of the work by the COMMISSIONLPA, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION LPA for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION LPA shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSIONLPA, or (2) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSIONLPA. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of workphase, then an accounting of all costs incurred by the COMMISSION LPA resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION LPA may at all reasonable times review and inspect the SERVICES under this CONTRACT and any Work Assignments thereunder addenda or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) studies and maps prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION LPA for inspection and review at all reasonable times in the General Offices of the COMMISSIONLPA. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, studies and other work product(s) maps prepared under this the CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION LPA shall not relieve the CONSULTANT of its contractual and professional obligation to correct, at its expense, any of its breaches, negligent acts, errors and/or omissions omissions, in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibitsexhibits attached to this contract, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSIONLPA, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION LPA personnel after final acceptance of the work by the COMMISSIONLPA, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION LPA for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION LPA shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSIONLPA, or (2) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSIONLPA. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of workphase, then an accounting of all costs incurred by the COMMISSION LPA resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION may at all reasonable times review and inspect the SERVICES being provided under this CONTRACT and any Work Assignments thereunder addenda or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION for inspection and review at all reasonable times in the General Offices of the COMMISSION. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, and other work product(s) prepared under this the CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION shall not relieve the CONSULTANT of its contractual and professional obligation to obligations. CONSULTANT shall correct, at its expense, any of its breaches, negligent acts, errors and/or omissions omissions, in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSION, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT is discovered by COMMISSION personnel after final acceptance of the work by the COMMISSION, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSION, or (2) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSION. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of work, then an accounting of all costs incurred by the COMMISSION resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION may at all reasonable times review and inspect the SERVICES under this CONTRACT and any Work Assignments thereunder or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION for inspection and review at all reasonable times in the General Offices of the COMMISSION. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, and other work product(s) prepared under this CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION shall not relieve the CONSULTANT of its contractual and professional obligation to correct, at its expense, any of its breaches, negligent acts, errors and/or omissions in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSION, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION personnel after final acceptance of the work by the COMMISSION, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSION, or (2) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSION. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of work, then an accounting of all costs incurred by the COMMISSION resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided provide by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION may at all reasonable times review and inspect the SERVICES being provided under this CONTRACT and any Work Assignments thereunder addenda or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION for inspection and review at all reasonable times in the General Offices of the COMMISSION. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, and other work product(s) prepared under this the CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION shall not relieve the CONSULTANT of its contractual and professional obligation to obligations. CONSULTANT shall correct, at its expense, any of its breaches, negligent acts, errors and/or omissions omissions, in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSION, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION personnel after final acceptance of the work by the COMMISSION, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSION, or (2) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSION. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of work, then an accounting of all costs incurred by the COMMISSION resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided provide by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION OSARC may at all reasonable times review and inspect the SERVICES under this CONTRACT and any Work Assignments thereunder or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION OSARC for inspection and review at all reasonable times in the General Offices of the COMMISSIONOSARC. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, and other work product(s) prepared under this CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION OSARC shall not relieve the CONSULTANT of its contractual and professional obligation to correct, at its expense, any of its breaches, negligent acts, errors and/or omissions in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSIONOSARC, to the satisfaction of the COMMISSIONOSARC, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION OSARC personnel after final acceptance of the work by the COMMISSIONOSARC, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION OSARC for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION OSARC shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION OSARC determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSIONOSARC, or (2) the COMMISSION OSARC determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSIONOSARC. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of work, then an accounting of all costs incurred by the COMMISSION OSARC resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided provide by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION OSARC when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION OSARC so there will be a minimum of delay to the contractor. When notified by the COMMISSION OSARC of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT OSARC Contract directly or through overhead. If after written notice from the COMMISSIONOSARC, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION OSARC may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION OSARC thereby, or offset and withhold a sum equal to said cost to the COMMISSION OSARC from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION OSARC may at all reasonable times review and inspect the SERVICES under this CONTRACT and any Work Assignments thereunder or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION OSARC for inspection and review at all reasonable times in the General Offices of the COMMISSIONOSARC. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, and other work product(s) prepared under this CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION OSARC shall not relieve the CONSULTANT of its contractual and professional obligation to correct, at its expense, any of its breaches, negligent acts, errors and/or omissions in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSIONOSARC, to the satisfaction of the COMMISSIONOSARC, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT is discovered by COMMISSION OSARC personnel after final acceptance of the work by the COMMISSIONOSARC, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION OSARC for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION OSARC shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION OSARC determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSIONOSARC, or (2) the COMMISSION OSARC determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSIONOSARC. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of work, then an accounting of all costs incurred by the COMMISSION OSARC resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION OSARC when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION OSARC so there will be a minimum of delay to the contractor. When notified by the COMMISSION OSARC of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT OSARC Contract directly or through overhead. If after written notice from the COMMISSIONOSARC, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION OSARC may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION OSARC thereby, or offset and withhold a sum equal to said cost to the COMMISSION OSARC from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION may at all reasonable times review and inspect the SERVICES being provided under this CONTRACT and any Work Assignments thereunder addenda or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION for inspection and review at all reasonable times in the General Offices of the COMMISSION. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, and other work product(s) prepared under this the CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION shall not relieve the CONSULTANT of its contractual and professional obligation to obligations. CONSULTANT shall correct, at its expense, any of its breaches, negligent acts, errors and/or omissions omissions, in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSION, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION personnel after final acceptance of the work by the COMMISSION, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSION, or (2) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSION. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of work, then an accounting of all costs incurred by the COMMISSION resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION LPA may at all reasonable times review and inspect the SERVICES under this CONTRACT and any Work Assignments thereunder addenda or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) studies and maps prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION LPA for inspection and review at all reasonable times in the General Offices of the COMMISSIONLPA. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, studies and other work product(s) maps prepared under this the CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION LPA shall not relieve the CONSULTANT of its contractual and professional obligation to correct, at its expense, any of its breaches, negligent acts, errors and/or omissions omissions, in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSIONLPA, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION LPA personnel after final acceptance of the work by the COMMISSIONLPA, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION LPA for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION LPA shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSIONLPA, or (2) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSIONLPA. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of workphase, then an accounting of all costs incurred by the COMMISSION LPA resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION LPA may at all reasonable times review and inspect the SERVICES under this CONTRACT and any Work Assignments thereunder or amendments thereto. Authorized representatives of the MDOT and/or FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will MDOT and/or FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) maps and computations prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION LPA for inspection and review at all reasonable times in the General Offices of the COMMISSIONLPA. Authorized representatives of the MDOT and/or FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, maps and other work product(s) computations prepared under this CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION LPA shall not relieve the CONSULTANT of its contractual and professional obligation to correct, at its expense, any of its breaches, negligent acts, errors and/or omissions in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSIONLPA, to the satisfaction of the COMMISSIONLPA, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION LPA personnel after final acceptance of the work by the COMMISSIONLPA, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION LPA for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION LPA shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSIONLPA, or (2) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSIONLPA. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of workphase, then an accounting of all costs incurred by the COMMISSION LPA resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION may at all reasonable times review and inspect the SERVICES being provided under this CONTRACT and any Work Assignments thereunder addenda or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) studies and maps prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION for inspection and review at all reasonable times in the General Offices of the COMMISSION. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, studies and other work product(s) maps prepared under this the CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION shall not relieve the CONSULTANT of its contractual and professional obligation to obligations. CONSULTANT shall correct, at its expense, any of its breaches, negligent acts, errors and/or omissions omissions, in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSION, to the satisfaction of the COMMISSION, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION personnel after final acceptance of the work by the COMMISSION, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSION, or (2) the COMMISSION determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSION. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of workphase, then an accounting of all costs incurred by the COMMISSION resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION so there will be a minimum of delay to the contractor. When notified by the COMMISSION of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overhead. If after written notice from the COMMISSION, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION thereby, or offset and withhold a sum equal to said cost to the COMMISSION from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.

REVIEW OF WORK. Authorized representatives of the COMMISSION LPA may at all reasonable times review and inspect the SERVICES being provided under this CONTRACT and any Work Assignments thereunder addenda or amendments thereto. Authorized representatives of the FHWA may also review and inspect the SERVICES under this CONTRACT should funds of the United States of America be in any way utilized in payment for said SERVICES. Such inspection shall not make the United States of America a party to this CONTRACT, nor will FHWA interfere with the rights of either party hereunder. All reports, drawings, designs, studies, maps, computations, or other work product(s) prepared by and for the CONSULTANT, shall be made available to authorized representatives of the COMMISSION LPA for inspection and review at all reasonable times in the General Offices of the COMMISSIONLPA. Authorized representatives of the FHWA may also review and inspect said reports, drawings, designs, studies, maps, computations, and other work product(s) prepared under this the CONTRACT should funds of the United States of America be in any way utilized in payment for the same. Acceptance by the COMMISSION LPA shall not relieve the CONSULTANT of its contractual and professional obligation to obligations. CONSULTANT shall correct, at its expense, any of its breaches, negligent acts, errors and/or omissions omissions, in the final version of the work. The CONSULTANT shall be responsible for performance of and compliance with all terms of this CONTRACT, including the Scope of Work and other exhibits, and including any technical specifications and special requirements of the COMMISSIONLPA, to the satisfaction of the COMMISSIONLPA, and shall be responsible for any negligent acts, errors and/or omissions, including those as to conduct and care, format and content, for all aspects of the CONTRACT, and including professional quality and technical accuracy of all designs, drawings, specifications, and other services furnished by the CONSULTANT. Failure to comply with any terms of this CONTRACT shall be corrected by the CONSULTANT without additional compensation. If any breach of CONTRACT CONTRACT, is discovered by COMMISSION LPA personnel after final acceptance of the work by the COMMISSIONLPA, then the CONSULTANT shall, without additional compensation, cure any deficiency or breach including any negligent acts, errors and/or omissions in designs, plans, drawings, specifications, or other services. In the event that the project schedule requires that a breach of this CONTRACT be corrected by someone other than the CONSULTANT then the actual costs incurred by the COMMISSION LPA for such corrections shall be the responsibility of the CONSULTANT. The COMMISSION LPA shall give the CONSULTANT an opportunity to correct said breach unless (1) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach within the schedule established by the COMMISSIONLPA, or (2) the COMMISSION LPA determines, in its sole discretion, that the CONSULTANT cannot cure the breach to the satisfaction of the COMMISSIONLPA. In the event that the CONSULTANT breaches this CONTRACT, and the breaches of the CONSULTANT are discovered during the construction phase or any phase of work, then an accounting of all costs incurred by the COMMISSION LPA resulting from such breach, including any negligent acts, errors and/or omissions, will be made and such amount will be recovered from the CONSULTANT. During construction or any phase of work performed by others based on the services provided provide by the CONSULTANT for this CONTRACT, the CONSULTANT shall confer with the COMMISSION LPA when requested for the purpose of interpreting the information, clarification of any ambiguities, and/or to correct any negligent acts, error or omission without additional compensation. The CONSULTANT shall prepare any plans or data needed to correct the negligent acts, error or omission without additional compensation, even though acceptance and/or final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes once notified by the COMMISSION LPA so there will be a minimum of delay to the contractor. When notified by the COMMISSION LPA of potential negligent acts, errors and/or omissions, during the development, construction, or any phase of the project, the CONSULTANT shall establish and maintain cost accounting records to segregate all costs associated with the evaluation and correction of any negligent acts, errors and/or omissions. All costs associated with any negligent acts, errors and/or omissions, including direct or indirect, must be borne by the CONSULTANT and may not be charged to any MDOT Contract directly or through overheadCONSULTANT. If after written notice from the COMMISSIONLPA, the CONSULTANT fails or refuses to correct any negligent acts, errors and/or omissions, the COMMISSION LPA may, by contract or otherwise, correct or replace with similar services and charge to the CONSULTANT the cost occasioned to the COMMISSION LPA thereby, or offset and withhold a sum equal to said cost to the COMMISSION LPA from payments on any existing contract(s) with the CONSULTANT or against any sums due the CONSULTANT under the terms of this CONTRACT or any other active contract(s). Potential errors and/or omissions discovered during the development, construction, or any phase of the project, shall follow the Errors and/or Omissions Process as outlined in the MDOT Consultant Services Unit Manual.