USACE Construction Approval. 6.11.3.1. The Initial Section 408 Approval alone does not permit DB Contractor to initiate construction activities within or adjacent to the Dallas Floodway. DB Contractor shall be responsible for obtaining USACE Construction Approval of those Project components subject to USACE review and approval within or directly adjacent to the Dallas Floodway. USACE Construction Approval review is based on 100 percent complete plans and specification package(s) prepared by DB Contractor and submitted to the USACE by TxDOT. Project components anticipated to require USACE review and approval are listed in Section 1.1, Project Information, of the USACE-TxDOT-NCTCOG Review Plan developed for the Project. DB Contractor shall bear the risk of failure to obtain USACE Construction Approval of those Project components subject to USACE review, and DB Contractor’s failure obtain required USACE Construction Approval shall not result in an increase in the Price or extension of the Completion Deadlines.
