2025/06/04 Council Agenda Packet

11 Progressive Design Build Contract 7.6.1.11 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. 7.6.1.12 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 7.6.1.13 Site security, temporary fencing, signage and similar security and safety measures for active construction areas. 7.6.1.14 Costs for agreed-upon Allowance Items as described and defined in Section 7.8 herein. 7.6.2 Non-Reimbursable Costs. The following shall be excluded from the Cost of the Phase 2 Work: 7.6.2.1 Compensation for Design-Builder’s personnel stationed at Design-Builder’s principal or branch offices, except as provided for in connection with Sections 7.6.1.1, 7.6.1.2, and 7.6.1.3, costs associated with Construction General Conditions Work, items intended to be covered by the Design-Build Fee, and Pass-Through Costs. 7.6.2.2 General expenses not specifically provided for herein. 7.6.2.3 The cost of Design-Builder’s capital used in the performance of the Work. 7.6.2.4 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, unless Owner has approved an Adjustment or Change Order. 7.6.2.5 Any bonuses or incentive pay that is the obligation of Design-Builder to pay. 7.6.3 Pass-Through Costs. The following costs shall be “passed through” and paid without mark-up or any added Design-Build Fee: 7.6.3.1 Sales, use, or similar taxes, tariffs, or duties incurred in the performance of the Work. 7.6.3.2 Costs for permits, royalties, licenses, tests, and inspections. 7.6.3.3 Premiums for insurance and bonds required by this Contract or the performance of the Work. 7.7 The Guaranteed Maximum Price. 7.7.1 GMP. Design-Builder guarantees that the Contract Price shall not exceed the Guaranteed Maximum Price (“GMP”) established in the GMP Amendment. Documents used as basis for the GMP shall be identified in the GMP Amendment. Design-Builder agrees that it will be responsible for all costs of completing the Work which exceed the GMP, as it may be adjusted in accordance with the Contract Documents. 7.7.2 Contingency. The GMP shall include a Design-Builder’s contingency, in an amount that is no less than two-point five percent (2.5%) and no more than five percent (5%) of the estimated Cost of the Work, which will be negotiated between the Design-Builder and Owner as a part of the Phase 2 Proposal. The percentage shall depend upon the level of completion of the Design-Build Documents and certainty of subcontractor pricing at that time and depending upon any other risk factors agreed upon between the Design Builder and Owner.