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 6.4.2 The Parties intend that the GMP will be increased or decreased by any additive or deductive Change Orders that change the scope of the Work, unless the Contract Price Amendment contains contingency, which shall be fully consumed prior to agreement on an additive change order increasing the GMP. Article 7 Procedure for Payment 7.1 Payment for Preliminary Services. Unless otherwise agreed, payments for Work performed prior to execution of the Contract Price Amendment shall be made monthly and Owner shall compensate Design- Builder as follows: 7.1.1 The hourly billing rates for services of the Design-Builder and the Design-Builder's Architect, Consultants and Contractors, if any, as set forth in and exhibit to this Agreement; 7.1.2 Compensation for Reimbursable Expenses Prior to Execution of Design-Build Amendment Reimbursable expenses, directly related to the Project, incurred by the Design-Builder and the Design-Builder's Architect, Subconsultants, and subcontractors, as follows: 7.1.2.1 Transportation and authorized out-of-town travel and subsistence; 7.1.2.2 Fees paid for securing approval of authorities having jurisdiction over the Project; 7.1.2.3 Printing, reproductions, plots, standard form documents; 7.1.2.4 Postage, handling and delivery; 7.1.2.5 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner; and 7.1.2.6 Other Project-related expenditures, if authorized in advance by Owner. 7.2 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be provided to the Owner with each application for payment or invoice on which any charges for reimbursable expenses appears. Further, Design-Builder shall maintain, at its office, a complete record of all costs and accounting data generated in relation to Reimbursable Expenses and services performed for a period of five years following execution of the Design-Build Amendment or termination of this Agreement, whichever occurs first. Upon request of Owner, and within a reasonable time following such request, Design-Builder will make available for inspection and duplication all records required to be maintained by this section or elsewhere in the Design-Build Documents. 7.3 Contract Price Progress Payments. 7.3.1 Design-Builder shall submit to Owner on the 1st day of each month, beginning with the first month after the Date of Commencement, Design-Builder's Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.3.2 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.3.3 If Design-Builder's Fee is a fixed amount for either Phase 1 or Phase 2, the amount of Design-Builder's Fee to be included in Design-Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design-Builder's Fee. 7.4 Retainage on Progress Payments. DBIA Document No.545 Page 9 Progressive Design-Build Agreement for Water and Wastewater Projects © 2022 Design-Build Institute of America