Res 2025-125 approving a contract with Burns & McDonnell Engineering Company, Inc. to provide Phase 1, Progressive Design-Build Services for the design of the FM 1978 Water Reclamation Facility project

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Docusign Envelope ID: DA4FA5BF-D9AF-4543-AD49-B8F98E2726F6 6.3.1.11 Deductibles for Builder's Risk coverage in the event of a claim. 6.3.1.12 All fuel and utility costs incurred in the performance of the Work. 6.3.1.13 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. Provided that if the Owner is exempt from such taxes and provides a tax exemption certificate or certificates to Design-Builder that effect, no such taxes shall apply. 6.3.1.14 Costs for permits, royalties, licenses, tests and inspections incurred by Design- Builder as a requirement of the Contract Documents. 6.3.1.15 Deposits which are lost, except to the extent caused by Design-Builder's negligence. 6.3.1.16 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 or anyone performing Work on its behalf. 6.3.1.17 Accounting and data processing costs related to the Work. 6.3.1.18 Costs incurred by Design-Builder to provide the payment and performance bonds, warranties and guarantees with respect to the Work as provided herein. 6.3.1.19 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 6.3.2 Non-Reimbursable Costs. The following shall be excluded from the Cost of the Work: 6.3.2.1 Compensation for Design-Builder's personnel stationed at Design-Builder's principal or branch offices, except as provided for in Sections 6.3.1.1 and 6.3.1.2. 6.3.2.2 Overhead, all costs and expenses that are not specific to the Project, and general expenses. 6.3.2.3 The cost of Design-Builder's capital used in the performance of the Work. 6.3.2.4 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. 6.3.2.5 Costs incurred by Design-Builder in repairing or correcting defective, damaged or nonconforming Work (including any warranty or corrective Work performed after Substantial Completion). 6.3.2.6 Any and all costs incurred by Design Builder, including but not limited to costs for project management and costs to comply with the General Conditions, to the extent that such costs would cause the GMP to be exceeded. 6.4 The Guaranteed Maximum Price shall be established in the Cost Price Amendment. 6.4.1 Design-Builder guarantees that the total charge to Owner for completion of all Work shall not exceed the GMP as stated in the Cost Price Amendment, which shall identify and include all details concerning Cost of the Work to support the GMP. Design-Builder agrees that it will be responsible for paying or absorbing all costs of completing the Work which exceed the GMP, as said GMP may be adjusted in accordance with the Contract Documents. DBIA Document No.545 Page 8 Progressive Design-Build Agreement for Water and Wastewater Projects © 2022 Design-Build Institute of America