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 5.2.1 Substantial Completion of the entire Work shall be achieved no later than Eleven-Hundred Forty-Three (1,143) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). "Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes, provided, however, that Substantial Completion shall be deemed to have been achieved no later than the date of issuance of a Temporary Certificate of Occupancy issued by the local building official, if a Temporary Certificate of Occupancy is applicable to the Project." 5.2.2 Final Completion of the Work shall be achieved within sixty (60) days of the date of Substantial Completion of all Work unless the Parties mutually agree, in writing, to extend the date for Final Completion. All items of Wok that remain, all punch list work, and any nonconforming work then known to exist, shall be completed as expeditiously as reasonably practicable. 5.3 Time limits stated in the Contract Documents are of the essence of the Contract. In all aspects of the Work, time is of the essence of the Contract. By executing the Cost Proposal Agreement Amendment, the Design-Builder confirms that the Contract Time is a reasonable period for performing the Work. 5.4 Liquidated Damages. Design-Builder acknowledges and recognizes that Owner is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. The Design-Builder further acknowledges and agrees that, if the Design-Builder fails to achieve the Project completion obligations from Section 5.2, the Owner will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. 5.4.1 Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner and Design-Builder agree that Design-Builder shall pay Owner Two Thousand Five Hundred Dollars ($2,500)as liquidated damages for each calendar day that Substantial Completion extends beyond the date from section 5.2.1. 5.4.2 Because Final Completion is required before Owner can comply with its regulatory permit obligations and utilize the Project for its intended Design-Builder understands that if Final Completion is not achieved within 60 days of Substantial Completion Date, Owner and Design- Builder agree that Design-Builder shall pay to Owner Two Thousand Five Hundred Dollars ($2,500), as liquidated damages for each calendar day that Final Completion is delayed beyond the date from section 5.2.2. 5.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving Substantial Completion, Interim Milestone Dates (if any) or Final Completion. Article 6 Contract Price 6.1 Contract Price. 6.1.1 Owner shall pay Design-Builder in accordance with Article 6 of the General Conditions of Contract the sum of Three Million, Five-Hundred Eighteen Thousand, Four-Hundred Five Dollars ($3,518,405.00) for the Phase 1 Services in accordance with the Phase 1 Fee Proposal attached hereto as Exhibit A, subject to adjustments made in accordance with the General Conditions of Contract. DBIA Document No.545 Page 6 Progressive Design-Build Agreement for Water and Wastewater Projects © 2022 Design-Build Institute of America