2021/11/17 Council Agenda Packet

7.5.1.10 Deposits which are lost, except to the extent caused by Design -Builder's negligence. 7.5.1.11 Costs incurred in preventing damage, injury, or loss in case of an emergency affecting the safety of persons and property except to the extent caused by Design -Builder's negligence. 7.5.1.12 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 7.5.1.13 Site security, temporary fencing, signage and similar security and safety measures for active construction areas. 7.5.1.14 Costs for agreed -upon Allowance Items as described and defined in Section 7.7 herein. 7.5.2 Non -Reimbursable Costs. The following shall be excluded from the Cost of the Phase 2 Work: 7.5.2.1 Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices, except as provided for in connection with Sections 7.5.1.1, 7.5.1.2, and 7.5.1.3, costs associated with Construction General Conditions Work, items intended to be covered by the Design - Build Fee, and Pass -Through Costs. 7.5.2.2 General expenses not specifically provided for herein. 7.5.2.3 The cost of Design -Builder's capital used in the performance of the Work. 7.5.2.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. 7.5.2.5 Any bonuses or incentive pay that is the obligation of Design -Builder to pay. 7.5.3 Pass -Through Costs. The following costs shall be passed through and paid without mark- up or any added Design -Build Fee: 7.5.3.1 Premiums for insurance and bonds required by this Contract or the performance of the Work. Work. 7.5.3.2 Sales, use, or similar taxes, tariffs, or duties incurred in the performance of the 7.5.3.3 Costs for permits, royalties, licenses, tests and inspections. 7.5.3.4 Costs for the work of any personnel charged at all-inclusive, market -based billing rates as set forth in Exhibit E. 7.6 The Guaranteed Maximum Price. 7.6.1 Design -Builder guarantees that it will not exceed any GMP that may be established in the GMP Amendment. Documents used as basis for the GMP shall be identified in the GMP Amendment. Design -Builder does not guarantee any specific line item provided as part of the GMP, provided, however, that it does guarantee the line item(s) for its general project management and general conditions costs ("General Conditions Cap"). Design -Builder agrees that it will be responsible for paying the applicable general conditions costs in excess of the General Conditions Cap, as well as be responsible for all costs of PROGRESSIVE DESIGN -BUILD CONTRACT, Page 12