Common use of DB Contractor Inspection and Testing Clause in Contracts

DB Contractor Inspection and Testing. 5.4.1.1 DB Contractor shall perform the inspection, sampling, testing, quality control and quality assurance necessary for DB Contractor to comply with its obligations under the Contract Documents. All such testing and quality assurance activities shall be in accordance with the approved Quality Management Plan and the current version of the TxDOT Design-Build Quality Assurance Program. Without in any way diminishing its obligations under the Contract Documents, DB Contractor may utilize information developed by TxDOT related to acceptance testing for offsite fabricated materials, as more particularly described in Exhibit 24. In the event that DB Contractor elects to utilize such information, TxDOT may recover as TxDOT Recoverable Costs its reasonable expenses related to the performance of such services and the development of such information in accordance with the procedures described in Exhibit 24. 5.4.1.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DB CONTRACTOR ACKNOWLEDGES AND AGREES THAT TXDOT WILL NOT BE RESPONSIBLE OR BEAR ANY LIABILITY FOR, AND HEREBY RELEASES TXDOT FROM, ANY DAMAGES, INCREASED COSTS, REVENUE LOSSES, DELAYS, OR OTHER IMPACTS TO DB CONTRACTOR OR TO ANY DB CONTRACTOR-RELATED ENTITY, ARISING AS A RESULT OF THE SERVICES PERFORMED BY TXDOT PURSUANT TO EXHIBIT 24, INCLUDING THOSE ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 24, OR FAILURE OF OR DEFECT IN ANY MATERIAL OR PRODUCT INSPECTED OR TESTED BY TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 24, REGARDLESS OF WHEN SUCH FAILURE OR DEFECT MAY OCCUR OR BE DISCOVERED; PROVIDED HOWEVER TXDOT SHALL NOT BE RELIEVED OF LIABILITY FOR ANY KNOWING AND INTENTIONAL MATERIAL MISREPRESENTATION.

DB Contractor Inspection and Testing. 5.4.1.1 DB Contractor shall perform the inspection, sampling, testing, quality control and quality assurance necessary for DB Contractor to comply with its obligations under the Contract Documents. All such testing and quality assurance activities shall be in accordance with the approved Quality Management Plan and the current version of the TxDOT Quality Assurance Program for CDA/Design-Build Quality Assurance ProgramProjects with a Capital Maintenance Agreement with Three Optional Five-year Terms. Without in any way diminishing its obligations under the Contract Documents, DB Contractor may utilize information developed by TxDOT related to acceptance testing for offsite off-site fabricated materials, as more particularly described in Exhibit 2421. In the event that DB Contractor elects to utilize such information, TxDOT may recover as TxDOT Recoverable Costs its reasonable expenses related to the performance of such services and the development of such information in accordance with the procedures described in Exhibit 2421. 5.4.1.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DB CONTRACTOR ACKNOWLEDGES AND AGREES THAT TXDOT WILL NOT BE RESPONSIBLE OR BEAR ANY LIABILITY FOR, AND HEREBY RELEASES TXDOT FROM, ANY DAMAGES, INCREASED COSTS, REVENUE LOSSES, DELAYS, OR OTHER IMPACTS TO DB CONTRACTOR OR TO ANY DB CONTRACTOR-RELATED ENTITY, ARISING AS A RESULT OF THE SERVICES PERFORMED BY TXDOT PURSUANT TO EXHIBIT 2421, INCLUDING THOSE ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2421, OR FAILURE OF OR DEFECT IN ANY MATERIAL OR PRODUCT INSPECTED OR TESTED BY TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2421, REGARDLESS OF WHEN SUCH FAILURE OR DEFECT MAY OCCUR OR BE DISCOVERED; PROVIDED HOWEVER TXDOT SHALL NOT BE RELIEVED OF LIABILITY FOR ANY KNOWING AND INTENTIONAL MATERIAL MISREPRESENTATION.

DB Contractor Inspection and Testing. 5.4.1.1 DB Contractor shall perform the inspection, sampling, testing, quality control and quality assurance necessary for DB Contractor to comply with its obligations under the Contract Documents. All such testing and quality assurance activities shall be in accordance with the approved Quality Management Plan and the current version of the TxDOT Quality Assurance Program for CDA/Design-Build Quality Assurance ProgramProjects with a Capital Maintenance Agreement with Three Optional Five-Year Terms. Without in any way diminishing its obligations under the Contract Documents, DB Contractor may utilize information developed by TxDOT related to acceptance testing for offsite off-site fabricated materials, as more particularly described in Exhibit 2423. In the event that DB Contractor elects to utilize such information, TxDOT may recover as TxDOT Recoverable Costs its reasonable expenses related to the performance of such services and the development of such information in accordance with the procedures described in Exhibit 2423. 5.4.1.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DB CONTRACTOR ACKNOWLEDGES AND AGREES THAT TXDOT TxDOT WILL NOT BE RESPONSIBLE OR BEAR ANY LIABILITY FOR, AND HEREBY RELEASES TXDOT TxDOT FROM, ANY DAMAGES, INCREASED COSTS, REVENUE LOSSES, DELAYS, OR OTHER IMPACTS TO DB CONTRACTOR OR TO ANY DB CONTRACTOR-CONTRACTOR- RELATED ENTITY, ARISING AS A RESULT OF THE SERVICES PERFORMED BY TXDOT TxDOT PURSUANT TO EXHIBIT 2423, INCLUDING THOSE ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TXDOT TxDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2423, OR FAILURE OF OR DEFECT IN ANY MATERIAL OR PRODUCT INSPECTED OR TESTED BY TXDOT TxDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2423, REGARDLESS OF WHEN SUCH FAILURE OR DEFECT MAY OCCUR OR BE DISCOVERED; PROVIDED HOWEVER TXDOT PROVIDED, HOWEVER, THAT TxDOT SHALL NOT BE RELIEVED OF LIABILITY FOR ANY KNOWING AND INTENTIONAL MATERIAL MISREPRESENTATION.

DB Contractor Inspection and Testing. 5.4.1.1 5.4.1.1. DB Contractor shall perform the inspection, sampling, testing, quality control and quality assurance necessary for DB Contractor to comply with its obligations under the Contract DBA Documents. All such testing and quality assurance activities shall be in accordance with the approved Quality Management Plan and the current version of the TxDOT Design-Build Quality Assurance Program. Without in any way diminishing its obligations under the Contract DBA Documents, DB Contractor may utilize information developed by TxDOT related to in connection with the performance of acceptance testing for offsite fabricated materials, as more particularly described in Exhibit 2423. In the event that DB Contractor elects to utilize such information, TxDOT may recover as TxDOT Recoverable Costs its reasonable expenses related to for the performance of such services and the development of such information in accordance with the procedures described in Exhibit 2423. 5.4.1.2 5.4.1.2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DB CONTRACTOR ACKNOWLEDGES AND AGREES THAT TXDOT WILL NOT BE RESPONSIBLE OR BEAR ANY LIABILITY FOR, AND HEREBY RELEASES TXDOT FROM, ANY DAMAGES, INCREASED COSTS, REVENUE LOSSES, DELAYS, OR OTHER IMPACTS TO DB CONTRACTOR OR TO ANY DB CONTRACTOR-RELATED ENTITY, ARISING AS A RESULT OF THE SERVICES PERFORMED BY TXDOT PURSUANT TO EXHIBIT 2423, INCLUDING THOSE ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2423, OR FAILURE OF OR DEFECT IN ANY MATERIAL OR PRODUCT INSPECTED OR TESTED BY TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2423, REGARDLESS OF WHEN SUCH FAILURE OR DEFECT MAY OCCUR OR BE DISCOVERED; PROVIDED HOWEVER TXDOT SHALL NOT BE RELIEVED OF LIABILITY FOR ANY KNOWING AND INTENTIONAL MATERIAL MISREPRESENTATION.

DB Contractor Inspection and Testing. 5.4.1.1 DB Contractor shall perform the inspection, sampling, testing, quality control and quality assurance necessary for DB Contractor to comply with its obligations under the Contract Documents. All such testing and quality assurance activities shall be in accordance with the approved Quality Management Plan and the current version of the TxDOT Quality Assurance Program for CDA/Design-Build Quality Assurance ProgramProjects with a Capital Maintenance Agreement with Three Optional Five-year Terms. Without in any way diminishing its obligations under the Contract Documents, DB Contractor may utilize information developed by TxDOT related to acceptance testing for offsite fabricated materials, as more particularly described in Exhibit 2422. In the event that DB Contractor elects to utilize such information, TxDOT may recover as TxDOT Recoverable Costs its reasonable expenses related to the performance of such services and the development of such information in accordance with the procedures described in Exhibit 2422. 5.4.1.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DB CONTRACTOR ACKNOWLEDGES AND AGREES THAT TXDOT WILL NOT BE RESPONSIBLE OR BEAR ANY LIABILITY FOR, AND HEREBY RELEASES TXDOT FROM, ANY DAMAGES, INCREASED COSTS, REVENUE LOSSES, DELAYS, OR OTHER IMPACTS TO DB CONTRACTOR OR TO ANY DB CONTRACTOR-RELATED ENTITY, ARISING AS A RESULT OF THE SERVICES PERFORMED BY TXDOT PURSUANT TO EXHIBIT 2422, INCLUDING THOSE ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2422, OR FAILURE OF OR DEFECT IN ANY MATERIAL OR PRODUCT INSPECTED OR TESTED BY TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2422, REGARDLESS OF WHEN SUCH FAILURE OR DEFECT MAY OCCUR OR BE DISCOVERED; PROVIDED HOWEVER TXDOT SHALL NOT BE RELIEVED OF LIABILITY FOR ANY KNOWING AND INTENTIONAL MATERIAL MISREPRESENTATION.

DB Contractor Inspection and Testing. 5.4.1.1 DB Contractor shall perform the inspection, sampling, testing, quality control and quality assurance necessary for DB Contractor to comply with its obligations under the Contract Documents. All such testing and quality assurance activities shall be in accordance with the approved Quality Management Plan and the current version of the TxDOT Quality Assurance Program for CDA/Design-Build Quality Assurance ProgramProjects with a Capital Maintenance Agreement with Three Optional 5-year Terms. Without in any way diminishing its obligations under the Contract Documents, DB Contractor may utilize information developed by TxDOT related to acceptance testing for offsite off-site fabricated materials, as more particularly described in Exhibit 2421. In the event that DB Contractor elects to utilize such information, TxDOT may recover as TxDOT Recoverable Costs its reasonable expenses related to the performance of such services and the development of such information in accordance with the procedures described in Exhibit 2421. 5.4.1.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DB CONTRACTOR ACKNOWLEDGES AND AGREES THAT TXDOT WILL NOT BE RESPONSIBLE OR BEAR ANY LIABILITY FOR, AND HEREBY RELEASES TXDOT FROM, ANY DAMAGES, INCREASED COSTS, REVENUE LOSSES, DELAYS, OR OTHER IMPACTS TO DB CONTRACTOR OR TO ANY DB CONTRACTOR-RELATED ENTITY, ARISING AS A RESULT OF THE SERVICES PERFORMED BY TXDOT PURSUANT TO EXHIBIT 2421, INCLUDING THOSE ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2421, OR FAILURE OF OR DEFECT IN ANY MATERIAL OR PRODUCT INSPECTED OR TESTED BY TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2421, REGARDLESS OF WHEN SUCH FAILURE OR DEFECT MAY OCCUR OR BE DISCOVERED; PROVIDED HOWEVER TXDOT SHALL NOT BE RELIEVED OF LIABILITY FOR ANY KNOWING AND INTENTIONAL MATERIAL MISREPRESENTATION.

DB Contractor Inspection and Testing. 5.4.1.1 DB Contractor shall perform the inspection, sampling, testing, quality control and quality assurance necessary for DB Contractor to comply with its obligations under the Contract Documents. All such testing and quality assurance activities shall be in accordance with the approved Quality Management Plan and the current version of the TxDOT Quality Assurance Program for CDA/Design-Build Quality Assurance ProgramProjects with a Capital Maintenance Agreement with Three Optional Five-year Terms. Without in any way diminishing its obligations under the Contract Documents, DB Contractor may utilize information developed by TxDOT related to acceptance testing for offsite fabricated materials, as more particularly described in Exhibit 2422. In the event that DB Contractor elects to utilize such information, TxDOT may recover as TxDOT Recoverable Costs its reasonable expenses related to the performance of such services and the development of such information in accordance with the procedures described in Exhibit 2422. 5.4.1.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DB CONTRACTOR ACKNOWLEDGES AND AGREES THAT TXDOT WILL NOT BE RESPONSIBLE OR BEAR ANY LIABILITY FOR, AND HEREBY Texas Department of Transportation Request for Proposals SH 249 Extension Project September 28, 2016 35 Design-Build Agreement RELEASES TXDOT FROM, ANY DAMAGES, INCREASED COSTS, REVENUE LOSSES, DELAYS, OR OTHER IMPACTS TO DB CONTRACTOR OR TO ANY DB CONTRACTOR-RELATED ENTITY, ARISING AS A RESULT OF THE SERVICES PERFORMED BY TXDOT PURSUANT TO EXHIBIT 2422, INCLUDING THOSE ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2422, OR FAILURE OF OR DEFECT IN ANY MATERIAL OR PRODUCT INSPECTED OR TESTED BY TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2422, REGARDLESS OF WHEN SUCH FAILURE OR DEFECT MAY OCCUR OR BE DISCOVERED; PROVIDED HOWEVER TXDOT SHALL NOT BE RELIEVED OF LIABILITY FOR ANY KNOWING AND INTENTIONAL MATERIAL MISREPRESENTATION.

DB Contractor Inspection and Testing. 5.4.1.1 DB Contractor shall perform the inspection, sampling, testing, quality control and quality assurance necessary for DB Contractor to comply with its obligations under the Contract Documents. All such testing and quality assurance activities shall be in accordance with the approved Quality Management Plan and the current version of the TxDOT Design-Build Quality Assurance ProgramProgram for CDA / Design- Build Projects with a Capital Maintenance Agreement with Three Optional 5-Year Terms. Without in any way diminishing its obligations under the Contract Documents, DB Contractor may utilize information developed by TxDOT related to acceptance testing for offsite fabricated materials, as more particularly described in Exhibit 24. In the event that DB Contractor elects to utilize such information, TxDOT may recover as TxDOT Recoverable Costs its reasonable expenses related to the performance of such services and the development of such information in accordance with the procedures described in Exhibit 24. 5.4.1.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DB CONTRACTOR ACKNOWLEDGES AND AGREES THAT TXDOT WILL NOT BE RESPONSIBLE OR BEAR ANY LIABILITY FOR, AND HEREBY RELEASES TXDOT FROM, ANY DAMAGES, INCREASED COSTS, REVENUE LOSSES, DELAYS, OR OTHER IMPACTS TO DB CONTRACTOR OR TO ANY DB CONTRACTOR-RELATED ENTITY, ARISING AS A RESULT OF THE SERVICES PERFORMED BY TXDOT PURSUANT TO EXHIBIT 24, INCLUDING THOSE ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 24, OR FAILURE OF OR DEFECT IN ANY MATERIAL OR PRODUCT INSPECTED OR TESTED BY TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 24, REGARDLESS OF WHEN SUCH FAILURE OR DEFECT MAY OCCUR OR BE DISCOVERED; PROVIDED HOWEVER TXDOT SHALL NOT BE RELIEVED OF LIABILITY FOR ANY KNOWING AND INTENTIONAL MATERIAL MISREPRESENTATION.

DB Contractor Inspection and Testing. 5.4.1.1 DB Contractor shall perform the inspection, sampling, testing, quality control and quality assurance necessary for DB Contractor to comply with its obligations under the Contract Documents. All such testing and quality assurance activities shall be in accordance with the approved Quality Management Plan and the current version of the TxDOT Quality Assurance Program for CDA/Design-Build Quality Assurance ProgramProjects with a Capital Maintenance Agreement with Three Optional Five-year Terms. Without in any way diminishing its obligations under the Contract Documents, DB Contractor may utilize information developed by TxDOT related to acceptance testing for offsite off-site fabricated materials, as more particularly described in Exhibit 2422. In the event that DB Contractor elects to utilize such information, TxDOT may recover as TxDOT Recoverable Costs its reasonable expenses related to the performance of such services and the development of such information in accordance with the procedures described in Exhibit 2422. 5.4.1.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DB CONTRACTOR ACKNOWLEDGES AND AGREES THAT TXDOT WILL NOT BE RESPONSIBLE OR BEAR ANY LIABILITY FOR, AND HEREBY RELEASES TXDOT FROM, ANY DAMAGES, INCREASED COSTS, REVENUE LOSSES, DELAYS, OR OTHER IMPACTS TO DB CONTRACTOR OR TO ANY DB CONTRACTOR-RELATED ENTITY, ARISING AS A RESULT OF THE SERVICES PERFORMED BY TXDOT PURSUANT TO EXHIBIT 2422, INCLUDING THOSE ARISING FROM ANY NEGLIGENT ACT OR OMISSION OF TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2422, OR FAILURE OF OR DEFECT IN ANY MATERIAL OR PRODUCT INSPECTED OR TESTED BY TXDOT IN PERFORMING THE SERVICES PURSUANT TO EXHIBIT 2422, REGARDLESS OF WHEN SUCH FAILURE OR DEFECT MAY OCCUR OR BE DISCOVERED; PROVIDED HOWEVER TXDOT SHALL NOT BE RELIEVED OF LIABILITY FOR ANY KNOWING AND INTENTIONAL MATERIAL MISREPRESENTATION.