DB Contractor Clause Samples
The 'DB Contractor' clause defines the entity responsible for both the design and construction aspects of a project, typically under a single contract. This clause specifies the contractor’s obligations, such as preparing design documents, obtaining necessary approvals, and executing the construction work according to agreed standards and timelines. By consolidating design and build responsibilities, the clause streamlines project delivery, reduces potential disputes between separate designers and builders, and clarifies accountability for project outcomes.
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DB Contractor and its Subcontractors have maintained, and throughout the Maintenance Period shall maintain, all required authority, license status, professional ability, skills and capacity to perform DB Contractor’s obligations hereunder and shall perform them in accordance with the requirements contained in the COMA Documents.
DB Contractor. (1) DBE Liaison Officer – [Insert name here], [Insert title here]
(2) Program Administration – [Insert name here], [Insert title here]
(3) Project Manager – [Insert name here]
(4) Deputy Project Manager – [Insert name here]
(5) Construction Manager – [Insert name here]
(6) Document Manager – [Insert name here]
DB Contractor. [, each Joint Venturer], and all Subcontractors have maintained, and
DB Contractor acknowledges and agrees that the award of this Agreement
DB Contractor acknowledges and agrees that it had the opportunity and obligation, prior to the Effective Date, to review the terms and conditions of the Contract Documents (including those Reference Information Documents that are referenced in the Contract Documents, and pursuant to Section
DB Contractor. The DB Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with the District other than that of an independent contractor. In no event shall the relationship between the District and the DB Contractor be construed as creating any relationship whatsoever between the District and any of the DB Contractor's employees. Neither the DB Contractor nor any of its employees is or shall be deemed to be an employee of the District. Except as otherwise specified in the Contract Documents, the DB Contractor has sole authority and responsibility to employ, discharge, and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors, and for all other Persons whom the DB Contractor or any Subcontractor hires or engages to perform or assist in performing the Work.
DB Contractor acknowledges and agrees that the award of this DBA by TxDOT to DB Contractor was based, in large part, on the qualifications and experience of the personnel listed in the Proposal and DB Contractor’s commitment that such individuals would be available to undertake and perform the Work. DB Contractor
DB Contractor acknowledges and agrees that because of the unique nature of the Project, the fact that it is an essential part of the Texas highway system, and the fact that inconvenience or hazard to the traveling public will be one of the significant impacts of any failure by DB Contractor to perform the Maintenance Services in an efficient and timely manner and properly maintain the facility, it is impracticable and extremely difficult to ascertain and determine the actual Losses which would accrue to TxDOT and the public in the event of such failure. Consequently, DB Contractor agrees to pay TxDOT the sums of money determined pursuant to Section 8.1 as deemed compensation to TxDOT resulting from DB Contractor’s failure to meet the Performance Requirements herein as evidenced by the Noncompliance Points. DB Contractor further acknowledges and agrees that such amounts are in the nature of liquidated damages and not a penalty and that such sums are reasonable under the circumstances existing as of the Effective Date.
DB Contractor acknowledges and agrees that the award of this Agreement by TxDOT to DB Contractor was based, in large part, on the qualifications and experience of the personnel listed in the Proposal and DB Contractor’s commitment that such individuals would be available to undertake and perform the Work. DB Contractor represents, warrants and covenants that such individuals are available for and will fulfill the roles identified for them in the Proposal in connection with the Work. Individuals filling Key Personnel roles shall be available for the Work and shall maintain active involvement in the prosecution and performance of the Work. In addition to the foregoing, TxDOT reserves the right to require a 100% time commitment per position from any Key Personnel if TxDOT, in its sole discretion, determines that such personnel are not devoting sufficient time to the prosecution and performance of the Work.
DB Contractor. The entire team is committed to work in collaboration with the DBE Liaison Officer to exceed the project goal.
(1) DBE Liaison Officer – TBD
(2) Program Administration – ▇▇▇▇ ▇▇▇▇▇▇▇, Regional DBE Manager
(3) Project Manager – ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
(4) Deputy Project Manager and Construction Manager – ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
(5) Document Manager – TBD