2021/11/17 Council Agenda Packet

2.2.2 Phase 2 Services. Design -Builder's Phase 2 services shall consist of the procurement of all materials and equipment for the Project, the performance of construction services for the Project, development of various documents associated with Phase 2, training of Owner's operations staff, and the provision of warranty services, all as may be described in the Phase 2 Proposal and GMP Amendment. 2.2.3 Early Works Packages. Owner may negotiate one or more early works packages with Design -Builder prior to the GMP Amendment. Scope of work, bonding (consistent with the requirements of Article 11), insurance (consistent with the requirements of Article 11), pricing, and other terms for any early works shall be negotiated and memorialized in a written executed agreement prior to issuance of a notice to proceed. Pricing shall be substantially similar to the pricing structure for Phase 2 set forth in Article 7 hereof and any General Conditions Fee shall be pro -rated to the scope of General Conditions Work included in the early works package. 2.3 Phase 2 Proposal. Design -Builder may develop a Phase 2 Proposal at any point following completion of the 60 percent design, and any other Basis of Design Documents upon which the parties may agree. Design -Builder shall submit a proposal to Owner (the "Phase 2 Proposal") for the construction and associated Work and the Contract Price. The Contract Price in the Phase 2 Proposal shall be based on the Design -Build Fee (Section 7.4), the Construction General Conditions Fee (Section 7.3), Pass -Through Costs (Section 7.5.3) plus the Cost of the Phase 2 Work (Section 7.5) as provided in Article 7 hereof, presented on an open -book basis, all subject to a Guaranteed Maximum Price (GMP). 2.3.1 The Phase 2 Proposal shall include the following unless the parties mutually agree otherwise: 2.3.1.1 The Contract Price, subject to a GMP, shall be the sum of: i. Design -Build Fee as defined in as defined in Section 7.4 hereof; and ii. Construction General Conditions Fee as defined in Section 7.3 hereof; and iii. The Cost of the Phase 2 Work as defined in Section 7.5 hereof, inclusive of any Design -Builder's Contingency as defined in Section 7.6.2 hereof; and iv. Pass -Through Costs as defined in Section 7.5.3 hereof. 2.3.1.2 The Basis of Design Documents, which shall include, by way of example, Owner's Project Criteria (Exhibit B), as may have been modified pursuant to Section 2.1.2 hereof, drawings and specifications, all of which are set forth in detail and are attached to the Phase 2 Proposal; 2.3.1.3 A list of the assumptions and clarifications made by Design -Builder in the preparation of the Phase 2 Proposal, which list is intended to supplement the information contained in the drawings and specifications and is specifically included as part of the Basis of Design Documents; 2.3.1.4 A Project Schedule for the Phase 2 Work based upon the Contract Time(s) set forth in Article 6 hereof; basis; 2.3.1.5 If applicable, a list of Allowance Items, Allowance Values, and a statement of their 2.3.1.6 If applicable, a schedule of alternate prices; 2.3.1.7 If applicable, a schedule of unit prices; PROGRESSIVE DESIGN -BUILD CONTRACT, Page 4