Design Build Contract Template - The City of San Antonio

completion of the Construction Work, including Project construction and payment to
Design-Builder, as designed and in accordance with this Contract, liability for and payment
of such additional amounts shall be the sole responsibility of Design-Builder and its
Contract Surety herein, and Owner never shall be liable for same. Design-Builder's
absolute responsibility for the completion of the Project, in accordance with the Contract
Documents/Plans/Specifications, within the agreed cost constraints, as well as Design-
Builder's Contract to bear all costs in excess of the approved Fixed Price without recourse
to Owner if such excess costs are necessary for the completion of the Construction Work,
shall be incontrovertible and undisputable, and shall take precedence over all other terms
and provisions of this Contract and the Exhibits hereto, no part of which shall be deemed to
alter, diminish or waive such obligations.
GUARANTEED MAXIMUM PRICE OPTION
8.4 Contract Price. The Contract Price is the Not-to-Exceed amount of
__________________________ and ZERO/100 Dollars ($_________________.00), shall
consist of the Design Services Fee and the Guaranteed Maximum Price (GMP) for
Construction work, as set out herein. The quantities of the various elements of the Work to
be done and material to be furnished are determined by Design-Builder. It is expressly
understood and agreed by Owner and Design-Builder that the Contract Price, including
authorized adjustments, is the total amount payable by Owner to Design-Builder and shall
cover the cost for all design and all Work required to complete the Project in accordance
with the Contract Documents, regardless of what the final measurement of quantities is
determined to be.
8.5 The GMP is intended to address all items for the performance of all design and
Construction Work required by the Contract, and the performance of all other requirements
of this Contract, to include preconstruction services fees, design costs, General Conditions
costs, Pass Through costs, assumptions, Owner-controlled contingencies, schedules and
other matters necessary and relevant for proper execution and completion of the Work for
the GMP. Design-Builder shall provide a fully functional and operational facility as
intended in the GMP.
8.6 The GMP shall adopt and incorporate all of the terms and conditions of this Contract and all
other documents that comprise the Contract between the Owner and Design-Builder. Any
exceptions to or modifications of such terms and conditions proposed by Design-Builder in
the GMP shall not be effective unless they are expressly stated and conspicuously
identified in the GMP and specifically are accepted and approved by Owner.
8.6.1 The GMP shall consist of the Cost of Design Services and the Cost of the
Construction Work, as defined in the Contract, plus Design-Builder’s Management
Fee, which is ____________________________ and ZERO/100 Dollars
($_____________.00). Owner agrees to perform its responsibilities so as to assist
Design-Builder to facilitate the completion of the Construction Work and represents
to Design-Builder that there will be sufficient funds available to pay Design-Builder
up to the GMP of ________________________________ZERO/100 Dollars
($_______________.00), as adjusted by any Change Order. The GMP, unless
Design-Build Services for Las Moras Prefabricated Metal Facility
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