8937-17 Authorize Design-Build Contract for WWTP

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A. In the event of selection of a Fixed Contract Sum: The Contract Sum shall represent the total amount payable to the DB for the performance of the entirety of the Work including the Construction Stage. B. In the event of selection of GMP Pricing: Upon selection by the City, the Contract Sum shall be governed by the calculation associated with the Construction Stage Work. As fully addressed in the General Conditions, no claims for extras, additions or alterations shall be made by DB except in the instance of an approved Change Order. No modification, amendment or alteration shall be made in or to the Contract Documents, except by Change Order in accordance with the Contract Documents. When a Change Order is executed, the Contract Sum shall be accordingly adjusted as shall the Schedule of Values. Immediately after the City selects either a GMP or Fixed Price associated with the Construction Stage, the DB shall generate a Schedule of Values setting forth a detailed statement outlining the elements and portions of the Contract Sum, allocating monetary amounts for the various parts of the Work as shall be utilized as the basis for submitting and reviewing progress payments. Same shall be reviewed by the City and approved if deemed acceptable. The Schedule of Values shall be amended only by change order. Additionally, the DB shall provide such other pertinent information as the City requires, including a guaranteed date of completion and other information as the City Engineer prescribes. The City Engineer may also require the presentment of other forms and reporting documents generated by the City, the Criteria Engineer or by the DB and those forms shall be utilized uniformly during the course of performance of the Project and submitted in accordance with such directions and on a timely basis as the City directs. ARTICLE III: CITY OPTIONS The City reserves the right to accept or reject some or all of the components of the Work proposed by the DB and to allow for the bidding and /or performance of the Work by others in its sole and exclusive discretion. In such event, the DB shall be compensated for its generation of plans and specifications by the FOR and /or other activities undertaken by the DB related to activities required of the DB prior to receipt of an Authorization to Proceed with performance of the Work. In such instance the City shall be granted, without further action, an irrevocable and permanent license to utilize the plans and specifications and other work product of the DB for any purpose the City deems appropriate and/or necessary. The City's option rights under this Article III are independent of its "Termination for Convenience" rights as set forth in Article 10 of the General Conditions. The City retains the right to terminate this Contract for convenience at any time in accordance with Article 10 of the General Conditions. ARTICLE IV. SUPPLEMENTATION OF CITY DIRECTIONS AND PROCEDURES 131Page __