Design Build Contract Template - The City of San Antonio

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8.11.6.1 Travel outside SAMSA, only if approved in writing by City prior to such travel. Reimbursement for travel costs shall be limited to costs directly associated with Design-Builder’s performance of Service under the Agreement. Travel costs are limited to the per diem rates set annually by the Federal Government’s General Services Administration. Design- Builder shall proved detailed receipts for all reimbursable charges. Travel expenses, if any, shall be negotiated with each Task Order issued. City does not pay for Design-Builder’s travel within SAMSA. 8.11.6.2 Mailing, courier services and copies of documents requested by City in writing in excess of the copies to be provided under Exhibit H of this Agreement. These costs, if any, shall not exceed the amount noted in Exhibit H herein, without further approval of City. Design-Builder shall bear these costs unless agreed to, in writing, by City. 8.11.6.3 Graphics, physical models, and presentation boards requested by City in writing in excess of the copies to be provided under Exhibit H of this Agreement. These costs shall not exceed the amount noted in Exhibit H herein without further approval of City. Design-Builder shall bear these costs unless agreed to, in writing, by City. 8.11.6.4 City does not allow a markup on any of the above reimbursable items and only will reimburse approved hard costs incurred. 8.11.7 Any and all cost or expense not specifically allowed pursuant to Section 8.2 herein. 8.12 Any and all cash discounts, rebates, or refunds relating to payments made by Design- Builder shall accrue to Owner and shall be credited or paid to Owner at its election. 8.13 Owner may, at its option, offset any amounts due and payable under this Contract against any debt (including taxes) lawfully due to Owner from Design-Builder, regardless of whether the amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to Owner has been reduced to judgment by a court. ARTICLE IX PAYMENT OF THE CONTRACT PRICE 9.1 Payment Procedure. Owner shall pay the Contract Price to Design-Builder in accordance with the procedures set forth in this Article IX and, for purposes of the Construction Work, the applicable provisions of Article IX of City’s General Conditions for Design/Build Contracts to the extent they do not conflict with this Article IX. 9.2 Project Contingency. With Owners’ written approval, Project Contingency shall be used: Design-Build Services for Las Moras Prefabricated Metal Facility Page 24 of 50
(1) for an Owner-requested increase in Project scope, resulting in an increase in the cost of work. (2) for unforeseen site conditions which may occur on the Project. (3) for any other reason Owner deems necessary. 9.3 Internet-Based Project Management Systems. Owner shall administer its Project design and construction management through an Internet-Based Project Management System. As such, Design-Builder agrees that it shall conduct communication through this media and perform all Project-related functions utilizing this Internet-Based Project Management System, to include correspondence, submittals, requests for information, vouchers, payment requests and processing, amendments, change orders and other administrative activities Design-Builder has with Owner. Owner shall administer the software to Design- Builder to access and operate the Project Management System, provide training to Project Team Members and make the software accessible via the Internet to all Project Team Members. 9.4 Requests for Payment through the Program Management System. All requests for payment shall be submitted through Owner’s Project Management System. Prior to submittal of the first draw, Design-Builder shall submit a schedule of values for payment to be approved by Owner, which approval shall not be unreasonably withheld, conditioned or delayed. Any changes to the schedule of values once approved will be processed and approved as task orders through the System. 9.5 Request for Payment for Design Services. As the Design Services progress, Design- Builder shall submit statements, at minimum, on a monthly basis for Design Services rendered, based upon a percentage of completion of the Design Services (and Management Fee?) and based upon the total cost for Design Services reflected in Design-Builder’s Schedule of Values. If special services or Owner-approved reimbursable expenses are included as part of the Design Services Fee, such services shall be paid on the basis of the hourly rates or actual cost, as applicable, for those items as needed or required by Owner. Owner shall make monthly payments for Design Services in the amount shown by Design- Builder’s approved monthly statements and other required documentation submitted within thirty (30) days after receipt by Owner of properly prepared and certified requests for payment for Design Services. Nothing contained in this Section 9.5 shall require Owner to pay for any Design Services which are unsatisfactory, as determined by Owner, or which are not submitted in compliance with the terms of this Contract and payment may be withheld until the Design Services at issue are corrected or compliance is achieved. Progress payments for Design Services under this Contract shall be up to but shall not exceed 95% of the total Design Services Fee; upon final completion and acceptance of the Construction Work, the balance of the Design Services Fee will be paid, along with any final payment for the Construction Work. Design-Build Services for Las Moras Prefabricated Metal Facility Page 25 of 50
Page 1 and 2: STATE OF TEXAS COUNTY OF BEXAR OWNE
Page 3 and 4: ARTICLE I. DEFINITIONS As used in t
Page 5 and 6: 1.15 “Final Compensation” means
Page 7 and 8: Licensing & Regulation, Architectur
Page 9 and 10: and other meetings as required by O
Page 11 and 12: liability resulting from the neglig
Page 13 and 14: date of the Notice to Proceed. The
Page 15 and 16: is not strict compliance. Any Const
Page 17 and 18: 7.12 Conditions to Site Access. Whi
Page 19 and 20: changed by Supplemental Agreement o
Page 21 and 22: costs thereof, at rental charges co
Page 23: erroneous payment of taxes covered
Page 27 and 28: has submitted properly updated or r
Page 29 and 30: Design-Builder shall not imbalance
Page 31 and 32: expressly does not warrant any geot
Page 33 and 34: verification or adaptation by Desig
Page 35 and 36: ARTICLE XV DESIGNATED REPRESENTATIV
Page 37 and 38: fees, fines or any other charges as
Page 39 and 40: EXHIBIT A PROGRAMMING DOCUMENTS PRE
Page 41 and 42: EXHIBIT C GENERAL CONDITIONS FOR CI
Page 43 and 44: EXHIBIT E PAYMENT AND PERFORMANCE B
Page 45 and 46: 5. IN TESTIMONY WHEREOF, witness ou
Page 47 and 48: 5. IN TESTIMONY WHEREOF, witness ou
Page 49 and 50: EXHIBIT G DESIGN-BUILDER’S WORK P

Design Build Contract Template - The City of San Antonio

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