Design-Build Agreement

The Design-Build Agreement (DBA) serves as the foundational contract between the project owner (typically a public-sector entity or a special-purpose vehicle) and the design-builder. The design-builder is responsible for the detailed design, construction, and often the maintenance of the infrastructure project. This document outlines the roles and responsibilities of the design-builder, particularly in managing Service Zones, Service Areas, and Network Segments.

Overview of Service Zones and Areas

Service Zones are the broad geographical regions within the scope of the project. Each Service Zone encompasses multiple Service Areas, which are smaller, more focused regions that contain specific project requirements and deliverables. Within each Service Area, Network Segments are defined as the fundamental asset types that will be constructed, managed, and tracked.

Role of the Design-Builder

The design-builder takes on a comprehensive role that includes, but is not limited to:

  • Design Phase: Developing detailed designs and plans for each Network Segment. This includes assigning unique asset IDs and ensuring that all materials and resources are properly allocated.

  • Construction Phase: Executing the construction work as per the design plans. This involves managing daily on-site progress, adapting to any unforeseen challenges, and ensuring compliance with all regulatory and safety standards.

  • Digital Twin Creation: For every Network Segment, the design-builder must create a digital twin, which is a digital representation that serves as the real-time digital counterpart of the physical asset.

  • LIDAR and Permitting: Leveraging LIDAR (Light Detection and Ranging) technology to capture detailed measurements and ensuring that all permitting requirements are met for construction.

  • Reporting: Implementing a robust reporting system that captures daily progress and updates on the construction of Network Segments.

Contractual Components

The Design-Build Agreement is comprehensive and includes several key components that structure the relationship between the design-builder and the project owner:

  • Contract Prose: The textual portion of the contract that outlines legal terms, conditions, responsibilities, and the scope of work.

  • Contract State: The current status of the contract which includes tracking of progress, milestones, and deliverables.

  • Contract Flows:Documented processes and flows that detail the sequence of activities and interactions required throughout the duration of the project.

  • Contract KPIs: Key Performance Indicators (KPIs) that are used to measure and track the performance of the design-builder against the contractual obligations.

Asset Tracking and Progress Payments

A crucial aspect of the DBA is the tracking of each Network Segment as an asset. The agreement specifies that:

  • Every asset must have a corresponding digital twin and LIDAR data for accurate representation.

  • Permitting processes and daily progress must be meticulously documented.

  • Detailed plans and material allocations are recorded during the design phase.

  • During the build phase, as-built audits are conducted to confirm that construction aligns with the design specifications.

Progress payments are made based on the verifiable data collected by the reporting systems, which are tied to the achievement of specified milestones and KPIs outlined in the contract.

Conclusion

The Design-Build Agreement is a complex contract that necessitates precise management and coordination of numerous project elements. The success of the project hinges on the design-builder’s ability to adhere to the DBA’s requirements, ensuring that the infrastructure is delivered as designed and built to the highest standards.