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2021/11/17 Council Agenda Packet
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2021/11/17 Council Agenda Packet
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Council Agenda Packet
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11/17/2021
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Article 1 <br />General <br />1.1 Authorization. This Design -Build Contract (the "Contract") is authorized by and entered into in <br />accordance with the Design -Build requirements of RCW 39.10. The Design -Build Contract shall be <br />interpreted to be consistent with the requirements of those statutory provisions. <br />1.2 Definitions. Terms, words and phrases used in this Contract shall have the meanings given them <br />in the General Conditions of Contract Between Owner and Design -Builder, as modified for the Project <br />("General Conditions"). <br />Article 2 <br />Scope of Work <br />Design -Builder shall perform all design and construction services, and provide all material, equipment, <br />tools and labor, necessary to complete the Work (including both Phase 1 and Phase 2 Services) <br />described in and reasonably inferable from the Contract Documents. The Design -Builder is fully <br />responsible to design and to build the Project, as described in the Project Criteria, as may be revised in <br />accordance with Section 2.1.2 hereof. <br />2.1 General. <br />2.1.1 Owner has provided Design -Builder with access to the reference documents listed in <br />Exhibit A. Except as specifically indicated in Exhibit A, Owner provides such Reference Documents to <br />Design -Builder for information only, and subject to the conditions and qualifications identified in Section <br />3.2.1 of the General Conditions. <br />2.1.2 Owner's Project Criteria describing Owner's program requirements and objectives for the <br />Project are in Exhibit B. Owner's Project Criteria shall include Owner's use, space, time, site, and technical <br />requirements. Owner's Project Criteria may include conceptual documents, design specifications, design <br />performance specifications, and other technical materials and requirements prepared by or for Owner. <br />These shall be expanded upon by the Design -Builder as part of its Phase 2 Proposal to include additional <br />information developed during Phase 1 related to existing conditions, including but not limited to survey, <br />geotechnical and condition information. <br />2.1.3 Design -Builder shall review and prepare a written evaluation of Owner's Project Criteria <br />during Phase 1, including recommendations to Owner for different and innovative approaches to the design <br />and construction of the Project. The parties shall meet to discuss Design -Builder's written evaluation of <br />Owner's Project Criteria and agree upon what revisions, if any, should be made to such criteria. Any <br />modifications shall be incorporated into the Phase 2 Proposal (Section 2.3) and GMP Amendment (Section <br />2.3.2.2). <br />2.2 Phased Services. <br />2.2.1 Phase 1 Services. Design -Builder shall perform the services of design, pricing, and other <br />services for the Project based on Owner's Project Criteria, as may be revised in accordance with Section <br />2.1.2 hereof, as set forth in Exhibit C, Phase 1 Scope of Services. The Phase 1 Scope of Services includes <br />completion of the 100 percent design. However, Owner and Design -Builder may reach agreement on the <br />GMP Amendment for Phase 2 at any point following Design -Builder's completion of the 60 percent design, <br />including incorporation of any Owner comments thereon. As a result, Phase 1 may overlap with Phase 2. <br />The Contract Price and GMP for Phase 2 shall be developed during Phase 1 on an open -book basis. <br />Design -Builder's Compensation for Phase 1 Services is set forth in Article 7 hereof. <br />PROGRESSIVE DESIGN -BUILD CONTRACT, Page 3 <br />
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