Design Build Contract Template - The City of San Antonio

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12.9 Notwithstanding anything to the contrary contained herein, all previously owned intellectual property of Design-Builder including, but not limited to, any computer software (object code and source code), tools, systems, equipment or other information used by Design-Builder or its Suppliers in the course of delivering the Services hereunder, and any know-how, methodologies or processes used by Design-Builder to provide the services or protect deliverables to Owner including, without limitation, all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto, shall remain the sole and exclusive property of Design-Builder or its Suppliers. ARTICLE XIII INSURANCE REQUIREMENTS Prior to the commencement of any work under this Project, Design-Builder shall purchase and maintain insurance, as set forth in Article XI of Owner’s General Conditions for Design/Build Contracts, and any Supplementary General Conditions or Special Conditions, if applicable. 13.2 CPS INDEMNIFICATION: RESPONSIBILITY FOR DAMAGE CLAIMS, requires: The Contractor agrees to indemnify and save harmless CPS Energy, its agents, and employees from all suits, action or claims and from all liability and damages for any and all injuries or damages sustained by any person or property of any character in consequence of any neglect in the performance of the contract by the Contractor and from any claims or amounts arising or recovered under the "Workers' Compensation Laws"; Chapter 101, Texas Civil Practice and Remedies Code (Texas Tort Claims Act), or any other laws. He shall further so indemnify and be responsible for all damages or Injury to property of any character occurring during the prosecution of the work to the extent resulting in whole or in part from any act, omission, neglect or misconduct on his part In the manner or method of executing the work; or from failure to properly execute the work; or from defective work or materials purchased by Contractor, except those claims for damages caused solely by the negligence of CPS Energy. Contractor shall not be released from these responsibilities until all claims have been settled and suitable evidence to the effect furnished to CPS Energy. The indemnification provided herein shall survive the termination of this Contract. ARTICLE XIV SMALL BUSINESS ECONOMIC DEVELOPMENT ADVOCACY (SBEDA) PROGRAM The applicable Small Business Economic Development Advocacy (hereafter referred to as “SBEDA”) Program for this Project is attached hereto, made a part of this Contract and labeled as Exhibit “D”. Design-Build Services for Las Moras Prefabricated Metal Facility Page 34 of 50
ARTICLE XV DESIGNATED REPRESENTATIVES 15.1 REPRESENTATIVES OF THE PARTIES 15.1.1 Owner’s Designated Representatives. Owner designates the individual listed below or his designee as its Engineer Representative, said individual having the authority and responsibility for avoiding and resolving disputes in project delivery, addressing project management issues and for avoiding and addressing technical disputes regarding engineering design services provided under the provisions of this Contract. ______________________ ___ (title)______________________ 114 W. Commerce St. San Antonio, Texas 78205 (210) 207-8223 Owner designates the individual listed below as its Owner’s Designated Project Management Representative (ODR), said individual having the authority and responsibility for day-to-day Project management activities as set forth in this Contract. _______________________________ (title)__________________________ 114 W. Commerce St. San Antonio, Texas 78205 (210) 207-7640 15.1.2 Design-Builder’s Designated Representatives: Design-Builder designates the individual listed below as its Senior Representative (hereafter referred to as "Design-Builder’s Senior Designated Representative"), said individual having the authority and responsibility for avoiding and resolving disputes under the provisions of this Contract: (name)_________________________ (title)__________________________ (address)_______________________ _______________________________ (telephone)______________________ Design-Builder designates the individual listed below as its Representative (hereafter referred to as “Design-Builder’s Representative”), said individual having the authority and responsibility for day-to-day project management activities as set forth in this Contract: Design-Build Services for Las Moras Prefabricated Metal Facility Page 35 of 50
Page 1 and 2: STATE OF TEXAS COUNTY OF BEXAR OWNE
Page 3 and 4: ARTICLE I. DEFINITIONS As used in t
Page 5 and 6: 1.15 “Final Compensation” means
Page 7 and 8: Licensing & Regulation, Architectur
Page 9 and 10: and other meetings as required by O
Page 11 and 12: liability resulting from the neglig
Page 13 and 14: date of the Notice to Proceed. The
Page 15 and 16: is not strict compliance. Any Const
Page 17 and 18: 7.12 Conditions to Site Access. Whi
Page 19 and 20: changed by Supplemental Agreement o
Page 21 and 22: costs thereof, at rental charges co
Page 23 and 24: erroneous payment of taxes covered
Page 25 and 26: (1) for an Owner-requested increase
Page 27 and 28: has submitted properly updated or r
Page 29 and 30: Design-Builder shall not imbalance
Page 31 and 32: expressly does not warrant any geot
Page 33: verification or adaptation by Desig
Page 37 and 38: fees, fines or any other charges as
Page 39 and 40: EXHIBIT A PROGRAMMING DOCUMENTS PRE
Page 41 and 42: EXHIBIT C GENERAL CONDITIONS FOR CI
Page 43 and 44: EXHIBIT E PAYMENT AND PERFORMANCE B
Page 45 and 46: 5. IN TESTIMONY WHEREOF, witness ou
Page 47 and 48: 5. IN TESTIMONY WHEREOF, witness ou
Page 49 and 50: EXHIBIT G DESIGN-BUILDER’S WORK P

Design Build Contract Template - The City of San Antonio

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