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 Article 1 Design-Builder's Services and Responsibilities 1.1 General Services. 1.1.1 Owner's Project Criteria describing Owner's program requirements and objectives for the Project are set forth in City of San Marcos FM 1978 Water Reclamation Facility Basis of Design, included and attached as Exhibit A to this Agreement. 1.1.2 Design-Builder shall review Owner's Project Criteria and prepare a written evaluation of such criteria, 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. 1.2 Phased Services. 1.2.1 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 1.1 hereof, as set forth in Exhibit B, Scope of Services. Design-Builder shall perform such services to the level of completion required for Design-Builder and Owner to establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 on an "open-book" basis with cost information and estimating activities shared with Owner and discussed in progress meetings. The level of completion required for Phase 1 Services is defined in Exhibit B, Scope of Services (either as a percentage of design completion or by defined deliverables). 1.2.2 Phase 2 Services. Design-Builder's Phase 2 services shall consist of the completion of design services for the Project, the procurement of all materials and equipment for the Project, the performance of construction services for the Project, the start-up, testing and commissioning of the Project, and the provision of warranty services, all as further described in the Contract Price Amendment. Upon receipt of Design-Builder's proposed Contract Price for Phase 2, Owner may proceed as set forth in Article 1.3. 1.3 Proposal. Upon completion of the Phase 1 Services and any other Basis of Design Documents upon which the parties may agree, Design-Builder shall submit a proposal to Owner(the"Proposal")for the completion of the design and construction for the Project for the Contract Price, which shall be based on Cost of the Work with a Guaranteed Maximum Price (GMP). The GMP establishes the upper limit of Owner's payment obligations. 1.3.1 The Proposal shall include the following unless the parties mutually agree otherwise: 1.3.1.1 The Contract Price shall be the sum of: i Design-Builder's Fee as defined in Section 6.2.1 hereof; ii The estimated Cost of the Work based on allowable costs pursuant to Section 6.3 herein; and iii Design-Builder's schedule of values as required by the Contract Documents; 1.3.1.2 The Basis of Design Documents,which may include, byway of example,Owner's Project Criteria, which are set forth in detail and are attached to the Proposal; 1.3.1.3 A list of the assumptions and clarifications made by Design-Builder in the preparation of the Proposal,which list is intended to supplement the information contained DBIA Document No.545 Page 2 Progressive Design-Build Agreement for Water and Wastewater Projects © 2022 Design-Build Institute of America