Common use of Project Development, Design and Construction Clause in Contracts

Project Development, Design and Construction. The TIFIA Lender shall have the right in its sole discretion to monitor (or direct its agents to monitor) the development, including environmental compliance, design, right-of-way acquisition, and construction of the Project. [The Borrower][Other applicable state agency] shall be responsible for administering construction oversight of the Project in accordance with the FHWA Oversight Agreement. [[The Borrower’s][other applicable state agency’s] oversight of Project development, environmental compliance, design, right-of-way acquisition, and construction monitoring shall be conducted pursuant to the FHWA Oversight Agreement, which may be amended from time to time upon mutual agreement of [the Borrower][other applicable state agency] and the [FHWA Division Office][insert other USDOT modal agency field office, if applicable], or when so required by federal statute or otherwise required by the Congress.]124 The Borrower agrees to cooperate in good faith with the TIFIA Lender [and [insert other USDOT modal agency field office, if applicable]] in the conduct of such monitoring by promptly providing the TIFIA Lender [and [insert other USDOT modal agency field office, if applicable]] with such reports, documentation or other information as shall be requested by the TIFIA Lender [and [insert other USDOT modal agency field office, if applicable]], or its agents, including any independent engineer reports, documentation or information.

Project Development, Design and Construction. The TIFIA Lender shall have the right in its sole discretion to monitor (or direct its agents to monitor) the development, including environmental compliance, design, right-of-way acquisition, and construction of the Project. [[The Borrower][Other applicable state agency] shall be responsible for administering construction oversight of the Project in accordance with the FHWA Oversight Agreement. [[The Borrower’s][other applicable state agency’s] oversight of Project development, environmental compliance, design, right-of-way acquisition, and construction monitoring shall be conducted pursuant to the FHWA Oversight Agreement, which may be amended from time to time upon mutual agreement of [the Borrower][other applicable state agency] and the [FHWA Division Office][insert other USDOT modal agency field office, if applicable], or when so required by federal statute or otherwise required by the Congress.]124 The Borrower agrees to cooperate in good faith with the TIFIA Lender [and [insert other USDOT modal agency field office, if applicable]] in the conduct of such monitoring by promptly providing the TIFIA Lender [and [insert other USDOT modal agency field office, if applicable]] with such reports, documentation or other information as shall be requested by the TIFIA Lender [and [insert other USDOT modal agency field office, if applicable]], or its agents, including any independent engineer reports, documentation or information.