2021/11/17 Council Agenda Packet

liquidated damages for each calendar day that Substantial Completion extends beyond the Scheduled Substantial Completion Date. 6.4.1.2 For each subsequent calendar day beyond the Initial Period, eight thousand Dollars ($8,000) as liquidated damages for each calendar day that Substantial Completion extends beyond the Scheduled Substantial Completion Date. 6.4.2 Design -Builder understands that if Final Completion is not achieved by the Scheduled Final Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Final Completion is not achieved by the Scheduled Final Completion Date, Design -Builder shall pay to Owner five hundred Dollars ($500), as liquidated damages for each calendar day that Final Completion is delayed beyond the Scheduled Final Completion Date. 6.4.3 The categories of liquidated damages set forth above are cumulative and may accrue simultaneously. 6.4.4 Any liquidated damages assessed pursuant to this Contract shall be in lieu of all monetary liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are caused by any delay in achieving Substantial Completion or Final Completion, provided this limitation shall not apply to Design - Builder's duty to indemnify the Owner or to warrant Design -Builder's Work as provided in this Contract and shall not apply to any loss, damage, cost or liability incurred by Owner due to factors unrelated to Design - Builder's delay. Article 7 Price 7.1 Phase 1 Price. For completion of the Phase 1 Scope of Services (Exhibit C), Owner shall pay Design -Builder in accordance with Article 8 of this Contract and Article 6 of the General Conditions a sum not to exceed Seven Hundred Fifty Three Thousand and Seventy -Nine Dollars ($753,079.00). Phase 1 Services shall be billed at the all-inclusive billing rates and labor categories set forth in Exhibit E which rates shall not be subject to increase for any Phase 1 services. Unless otherwise provided in the Contract Documents, the Phase 1 Services compensation is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements. 7.2 Phase 2 Price. For Phase 2 Services, Owner shall pay Design -Builder in accordance with Article 8 of this Contract and Article 6 of the General Conditions a contract price ("Contract Price") set forth in the GMP Amendment which shall be equal to the Pass -Through Costs (as defined in Section 7.5.3 hereof), plus Design -Build Fee percentage (as defined in Section 7.4 hereof) applied to the Cost of the Phase 2 Work, plus the Construction General Conditions Fee (as defined in Section 7.3 hereof), plus the Cost of the Phase 2 Work (as defined in Section 7.5.1 hereof) , subject to the GMP established in the GMP Amendment and governed by Section 7.6 hereof, and any adjustments made in accordance with the General Conditions. 7.3 Construction General Conditions Fee. Owner shall pay the Lump Sum Construction General Conditions Fee of Two Hundred Eighty Thousand Dollars ($280,000.00) for all Construction General Conditions Work as defined in Exhibit D. The Construction General Conditions Fee shall be paid monthly based on the percent of Cost of Work completed in the month covered by Design -Builder's pay application. The Construction General Conditions Fee shall cover all Construction General Conditions Work, regardless of whether the work is completed by the Design -Builder, a Key Firm, or Subcontractor. 7.4 Design -Build Fee. 7.4.1 Design -Build Fee shall be Fifteen percent (15%) of the Cost of the Phase 2 Work, as adjusted in accordance with Section 7.4.2 below. PROGRESSIVE DESIGN -BUILD CONTRACT, Page 10