James W. Fowler Co. 12/1/2021 - Laserfiche WebLink

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