Common use of DB Contractor Responsibility Clause in Contracts

DB Contractor Responsibility. DB Contractor agrees that it has full responsibility for the design of the Project and that DB Contractor will furnish the design of the Project, excluding only the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design, regardless of the fact that prior to the date of the execution of this Agreement certain conceptual design work occurred and was provided to DB Contractor as part of the Schematic Design as a preliminary basis for DB Contractor’s design. DB Contractor specifically acknowledges and agrees that: (a) DB Contractor has diligently reviewed and verified the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design for errors, omissions, inconsistencies or other defects which may affect constructability. (b) DB Contractor is not entitled to rely on: (i) the Schematic Design except as specified in Section 3.3.2, (ii) the Reference Information Documents, or (iii) any other documents or information provided by TxDOT, except to the extent specifically permitted in the Contract Documents. (c) DB Contractor is responsible for correcting any Errors in the Schematic Design through the design and/or construction process without any increase in the Price or extension of a Completion Deadline, subject only to the right to a Change Order with respect to Necessary Basic Configuration Changes to the extent permitted by Section 13.8.7, and except with respect to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design as provided in Sections 4.4.3 and 13.8.5. (d) TxDOT’s liability for Errors in the Schematic Design is limited to its obligations relating to Necessary Basic Configuration Changes as set forth in Section 2.1.3.3 and provision of access to parcels within the Schematic ROW limits, and is subject to the requirements and limitations of Section 13. TxDOT’s liability to DB Contractor for errors, omission and defects in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design is limited to the extent set forth in Section 4.4.3. The foregoing shall not be deemed to limit TxDOT’s obligations with respect to Differing Site Conditions as set forth in Section 13.8. (e) DB Contractor’s warranties and indemnities hereunder cover Errors in the Project even though they may arise from or be related to Errors in the Schematic Design. (f) DB Contractor is responsible for verifying all calculations and quantity takeoffs contained in the RFP Documents or otherwise provided by TxDOT. (g) DB Contractor is responsible for implementing any changes in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design made by the Person who sealed such design documents, as well as for making field changes approved by said designer serving the same purpose, without the right to receive a time extension or additional compensation with respect thereto, except to the extent that such costs are recoverable under Section 4.4.3.

DB Contractor Responsibility. DB Contractor agrees that it has full responsibility for the design of the Project and that DB Contractor will furnish the design of the Project, excluding only the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design, regardless of the fact that prior to the date of the execution of this Agreement certain conceptual design work occurred and was provided to DB Contractor as part of the Schematic Design as a preliminary basis for DB Contractor’s design. DB Contractor specifically acknowledges and agrees that: (a) DB Contractor has diligently reviewed and verified the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bridges Design for errors, omissions, inconsistencies or other defects which may affect constructability. (b) DB Contractor is not entitled to rely on: (i) the Schematic Design except as specified in Section 3.3.2, (ii) the Reference Information Documents, or (iii) any other documents or information provided by TxDOT, except to the extent specifically permitted in the Contract Documents. (c) DB Contractor is responsible for correcting any Errors in the Schematic Design through the design and/or construction process without any increase in the Price or extension of a Completion Deadline, subject only to the right to a Change Order with respect to Necessary Basic Configuration Changes to the extent permitted by Section 13.8.7, and except with respect to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design as provided in Sections 4.4.3 and 13.8.5. (d) TxDOT’s liability for Errors in the Schematic Design is limited to its obligations relating to Necessary Basic Configuration Changes as set forth in Section 2.1.3.3 and provision of access to parcels within the Schematic ROW limits, and is subject to the requirements and limitations of Section 13. TxDOT’s liability to DB Contractor for errors, omission and defects in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bridges Design is limited to the extent set forth in Section 4.4.3. The foregoing shall not be deemed to limit TxDOT’s obligations with respect to Differing Site Conditions as set forth in Section 13.8. (e) DB Contractor’s warranties and indemnities hereunder cover Errors in the Project even though they may arise from or be related to Errors in the Schematic Design. (f) DB Contractor is responsible for verifying all calculations and quantity takeoffs contained in the RFP Documents or otherwise provided by TxDOT. (g) DB Contractor is responsible for implementing any changes in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design made by the Person who sealed such design documents, as well as for making field changes approved by said designer serving the same purpose, without the right to receive a time extension or additional compensation with respect thereto, except to the extent that such costs are recoverable under Section 4.4.3.

DB Contractor Responsibility. DB Contractor agrees that it has full responsibility for the design of the Project and that DB Contractor will furnish the design of the Project, excluding only the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design, regardless of the fact that prior to the date of the execution of this Agreement certain conceptual design work occurred and was provided to DB Contractor as part of the Schematic Design as a preliminary basis for DB Contractor’s design. DB Contractor specifically acknowledges and agrees that: (a) DB Contractor has diligently reviewed and verified the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design for errors, omissions, inconsistencies or other defects which may affect constructability. (b) DB Contractor is not entitled to rely on: (i) the Schematic Design except as specified in Section 3.3.2, (ii) the Reference Information Documents, or (iii) any other documents or information provided by TxDOT, except to the extent specifically permitted in the Contract Documents.. Texas Department of Transportation RFP Addendum 12 US 77 Upgrade from Kingsville to ▇▇▇▇▇▇▇▇ Project 17 Design-Build Agreement October 3,23, 2012 (cb) DB Contractor is responsible for correcting any Errors in the Schematic Design through the design and/or construction process without any increase in the Price or extension of a Completion Deadline, subject only to the right to a Change Order with respect to Necessary Basic Configuration Changes to the extent permitted by Section 13.8.7, and except with respect to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design as provided in Sections 4.4.3 and 13.8.5. (dc) TxDOT’s liability for Errors in the Schematic Design is limited to its obligations relating to Necessary Basic Configuration Changes as set forth in Section 2.1.3.3 and provision of access to parcels within the Schematic ROW limits, and is subject to the requirements and limitations of Section 13. TxDOT’s liability to DB Contractor for errors, omission and defects in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design is limited to the extent set forth in Section 4.4.3. The foregoing shall not be deemed to limit TxDOT’s obligations with respect to Differing Site Conditions as set forth in Section 13.8. (ed) DB Contractor’s warranties and indemnities hereunder cover Errors in the Project even though they may arise from or be related to Errors in the Schematic Design. (fe) DB Contractor is responsible for verifying all calculations and quantity takeoffs contained in the RFP Documents or otherwise provided by TxDOT. (g) DB Contractor is responsible for implementing any changes in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design made by the Person who sealed such design documents, as well as for making field changes approved by said designer serving the same purpose, without the right to receive a time extension or additional compensation with respect thereto, except to the extent that such costs are recoverable under Section 4.4.3.

DB Contractor Responsibility. DB Contractor agrees that it has full responsibility for the design of the Project and that DB Contractor will furnish the design of the Project, excluding only the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design, regardless of the fact that prior to the date aspects of the execution of this Agreement certain conceptual design work occurred and was Concept Plan have been provided to DB Contractor as part of the Schematic Design as a preliminary basis for DB Contractor’s design. DB Contractor specifically acknowledges and agrees that: (a) DB Contractor has diligently reviewed and verified the final ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design for errors, omissions, inconsistencies or other defects which may affect constructability. (b) DB Contractor is not entitled to rely on: (i) the Schematic Design Concept Plan except as specified in Section 3.3.2, (ii) the Reference Information Documents, or (iii) any other documents or information provided by TxDOT, except to the extent specifically permitted in the Contract Documents. (cb) DB Contractor is responsible for correcting any Errors in the Schematic Design Concept Plan through the design and/or construction process without any increase in the Price or extension of a Completion Deadline, subject only to the right to a Change Order with respect to Necessary Basic Configuration Changes to the extent permitted by Section 13.8.7, and except with respect to the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design as provided in Sections 4.4.3 and 13.8.513.8.6. (dc) TxDOT’s liability for Errors in the Schematic Design Concept Plan is limited to its obligations relating to Necessary Basic Configuration Changes as set forth in Section 2.1.3.3 and provision of access to parcels within the Schematic Preliminary ROW limits, and is subject to the requirements and limitations of Section 13. TxDOT’s liability to DB Contractor for errors, omission and defects in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design is limited to the extent set forth in Section 4.4.3. The foregoing shall not be deemed to limit TxDOT’s obligations with respect to Differing Site Conditions as set forth in Section 13.8. (ed) DB Contractor’s warranties and indemnities hereunder cover Errors in the Project even though they may arise from or be related to Errors in the Schematic DesignConcept Plan. (fe) DB Contractor is responsible for verifying all calculations and quantity takeoffs contained in the RFP Documents or otherwise provided by TxDOT. (g) . DB Contractor acknowledges and agrees that if DB Contractor wishes to deviate from the Preliminary ROW, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.4, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.2.3, DB Contractor must obtain TxDOT’s prior written approval to deviate from the Concept Plan unless the proposed modification meets all of the following: (a) is responsible for implementing any changes within the Preliminary ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Design made by Proposal. DB Contractor acknowledges and agrees that the Person who sealed such design documentsrequirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as for making field changes approved by said designer serving Site conditions, will impact DB Contractor’s ability to revise the same purposeconcepts contained in the Concept Plan, without the right to receive a time extension or additional compensation with respect thereto, except in addition to the extent that such costs are recoverable under Section 4.4.3requirement to obtain approval.