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Design Build Contract Template - The City of San Antonio

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8.8.18 <strong>The</strong> reasonable, actual direct cost <strong>of</strong> computer services, including jobsite and main<br />

<strong>of</strong>fice terminal, for purposes <strong>of</strong> field payroll preparation and control. Such costs<br />

specifically shall be documented as having been done for the Project.<br />

8.8.19 <strong>Design</strong>-<strong>Build</strong>er shall be responsible for enforcing warranties and for obtaining<br />

correction and/or replacement <strong>of</strong> all defective Construction Work not constructed or<br />

installed in accordance with the <strong>Contract</strong> Documents. All such corrective or<br />

remedial Construction Work required by the <strong>Contract</strong> Documents shall be<br />

performed by responsible Subcontractors under the terms <strong>of</strong> their Subcontracts,<br />

without additional cost to the Owner. Costs incurred by <strong>Design</strong>-<strong>Build</strong>er to correct or<br />

remedy Construction Work performed by <strong>Design</strong>-<strong>Build</strong>er's own forces, or where<br />

the responsible Subcontractor fails to perform, shall NOT be a Cost <strong>of</strong> the<br />

Construction Work and shall be <strong>Design</strong>-<strong>Build</strong>er's sole responsibility, at no<br />

additional cost to Owner; provided, however, <strong>Design</strong>-<strong>Build</strong>er shall be entitled to the<br />

proceeds <strong>of</strong> any Subcontractor maintenance bond, where such Subcontractor has<br />

defaulted in this regard.<br />

8.8.20 Salaries <strong>of</strong> <strong>Design</strong>-<strong>Build</strong>er's personnel, not included in the cost <strong>of</strong> General<br />

Conditions, earned after the date <strong>of</strong> approval and funding <strong>of</strong> the GMP, whether<br />

stationed at the Field Office or at the Main Office <strong>of</strong> <strong>Design</strong>-<strong>Build</strong>er, for that<br />

portion <strong>of</strong> their time spent on this Construction Work.<br />

8.8.21 Where not otherwise included in the Cost <strong>of</strong> the Construction Work, the cost <strong>of</strong><br />

central accounting services in connection with the Construction Work, such as<br />

payment <strong>of</strong> invoices, maintaining material cost records, computer services,<br />

preparation <strong>of</strong> W-2 Reports, payroll tax reporting and preparation <strong>of</strong> other reports.<br />

<strong>The</strong> following, while considered as a Cost <strong>of</strong> Work, only will be paid by Owner to <strong>Design</strong>-<br />

<strong>Build</strong>er at the actual costs incurred, as a direct pass through cost, without any <strong>Design</strong>-<br />

<strong>Build</strong>er fee or markup applied and only upon the prior written approval <strong>of</strong> Owner:<br />

8.8.22 Cost <strong>of</strong> the premiums for all <strong>Design</strong>-<strong>Build</strong>er’s bonds and insurance coverage<br />

required by this <strong>Contract</strong>, or deemed necessary by <strong>Design</strong>-<strong>Build</strong>er, in the normal<br />

pursuit <strong>of</strong> the Construction Work. Premiums for company-wide coverage will be<br />

pro-rated on the basis <strong>of</strong> value <strong>of</strong> Construction Work on this Project completed<br />

during the premium period. <strong>The</strong> cost <strong>of</strong> (or payment <strong>of</strong>) all deductible amounts, not<br />

otherwise recoverable from third parties or not the result <strong>of</strong> a claim based upon<br />

<strong>Design</strong>-<strong>Build</strong>er's negligence, under any insurance furnished by Owner, or under<br />

insurance policies required by this <strong>Contract</strong> or deemed necessary by <strong>Design</strong>-<strong>Build</strong>er<br />

in the normal pursuit <strong>of</strong> the Construction Work. Owner retains the option <strong>of</strong> paying<br />

<strong>Design</strong>-<strong>Build</strong>er the cost for <strong>Design</strong>-<strong>Build</strong>er bonds and insurance in either a lump<br />

sum payment at the beginning <strong>of</strong> the Project, on a monthly basis or as Owner so<br />

determines.<br />

8.8.23 Taxes, if any, related to the Work. However, as Owner qualifies for exemption<br />

under Section 151.309 <strong>of</strong> the Texas Limited Sales, Excise and Use Tax Act,<br />

<strong>Design</strong>-<strong>Build</strong>er shall alert all Sub-Consultants and Subcontractors to prevent<br />

<strong>Design</strong>-<strong>Build</strong> Services for Las Moras Prefabricated Metal Facility<br />

Page 22 <strong>of</strong> 50

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