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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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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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8/11/2025 11:02:36 AM
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Resolutions
City Clerk - Type
Approving
Number
2025-125
Date
7/1/2025
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Docusign Envelope ID: DA4FA5BF-D9AF-4543-AD49-B8F98E2726F6 <br /> in the drawings and specifications and is specifically included as part of the Basis of Design <br /> Documents; <br /> 1.3.1.4 The Scheduled Substantial Completion Date upon which the Proposal is based, <br /> to the extent said date has not already been established under Section 5.2.1 hereof, and <br /> a baseline schedule upon which the Scheduled Substantial Completion Date is based <br /> demonstrating the critical path, a Project Schedule, for the Work; <br /> 1.3.1.5 If applicable, a list of Allowance Items, Allowance Values, and a statement of <br /> their basis; <br /> 1.3.1.6 If applicable, a schedule of alternate prices; <br /> 1.3.1.7 If applicable, a schedule of unit prices; <br /> 1.3.1.8 If applicable, a statement of Additional Services which may be performed but <br /> which are not included in the Proposal, and which, if performed, shall be the basis for an <br /> increase in the Contract Price and/or Contract Time(s); <br /> 1.3.1.9 If applicable, a Savings provision; <br /> 1.3.1.10 If applicable, Performance Incentives; <br /> 1.3.1.11 The time limit for acceptance of the Proposal; and <br /> 1.3.1.12 An Owner's permit list, a list detailing the permits and governmental approvals <br /> that Owner will bear responsibility to obtain. <br /> 1.3.2 Review and Adjustment to Proposal. <br /> 1.3.2.1 After submission of the Proposal, Design-Builder and Owner shall meet to <br /> discuss and review the Proposal. If Owner has any comments regarding the Proposal, or <br /> finds any inconsistencies or inaccuracies in the information presented, it shall promptly <br /> give written notice to Design-Builder of such comments or findings. If appropriate, Design- <br /> Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the <br /> Proposal. <br /> 1.3.2.2 Acceptance of Proposal. If Owner accepts the Proposal, as may be amended by <br /> Design-Builder, Owner and Design-Builder will execute the Contract Price Amendment <br /> which shall be included as a Contract Document. The Parties'agreement and execution of <br /> the Contract Price Amendment signify the end of Phase 1 and commencement of Phase <br /> 2. <br /> 1.3.2.3 Failure to Accept the Proposal. If Owner rejects the Proposal, or fails to notify <br /> Design-Builder in writing on or before the date specified in the Proposal that it accepts the <br /> Proposal, the Proposal shall be deemed withdrawn and of no effect. In such event, Owner <br /> and Design-Builder shall meet and confer as to how the Project will proceed, with Owner <br /> having the following options: <br /> i Owner may suggest modifications to the Proposal, whereupon, if such <br /> modifications are accepted in writing by Design-Builder, the Contract Price <br /> Amendment will be executed reflecting the agreed modifications; or <br /> ii Owner may terminate this Agreement, compensate Design-Builder for all <br /> unpaid Phase 1 services, and may utilize any instruments of service for which <br /> ownership has passed from Design-Builder to Owner for future Project <br /> development and construction. Unless Owner has terminated for cause in <br /> DBIA Document No.545 Page 3 <br /> Progressive Design-Build Agreement for Water and Wastewater Projects <br /> © 2022 Design-Build Institute of America <br />
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