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2.3.1.8 If applicable, a statement of Additional Services which may be performed but which <br />are not included in the Phase 2 Proposal, and which, if performed, shall be the basis for an increase in the <br />GMP and/or Contract Time(s); <br />2.3.1.9 An expiration date for the Phase 2 Proposal provided that Design -Builder shall not <br />make the Phase 2 Proposal subject to expiration or withdrawal for at least ninety (90) days after submission <br />and Owner shall provide its initial review and comment on the Phase 2 Proposal within thirty (30) days of <br />submission; <br />2.3.1.10 A Permits and Approvals list detailing the permits and governmental approvals not <br />otherwise addressed in the Contract Documents that Owner and Design -Builder will need and assigning <br />responsibility for each; <br />2.3.1.11 A preliminary training plan; <br />2.3.1.12 A construction safety plan; and <br />2.3.1.13 A construction quality plan. <br />2.3.2 Review and Adjustment to Phase 2 Proposal. <br />2.3.2.1 After submission of the Phase 2 Proposal, Design -Builder will discuss and review <br />it with Owner. Owner may require modifications to the Phase 2 Proposal that Design -Builder shall in good <br />faith attempt to accommodate. Owner must approve the Phase 2 Proposal, as originally submitted or as <br />modified, and enter into a GMP Amendment incorporating the agreed Phase 2 Proposal in order for the <br />Design -Builder to proceed to Phase 2. <br />2.3.2.2 Acceptance of Phase 2 Proposal. If Owner accepts the Phase 2 Proposal, as <br />may be modified, the Contract Price and its basis shall be set forth in an amendment to this Contract (GMP <br />Amendment). Once the parties have agreed upon the GMP Amendment and Owner has issued a Notice to <br />Proceed with Phase 2, Design -Builder shall perform the Phase 2 Services, all as described in the GMP <br />Amendment. Design -Builder acknowledges and agrees that Owner's acceptance and execution of the <br />GMP Amendment and issuance of the Notice to Proceed are subject to Everett City Council approval, which <br />is at the Everett City Council's sole discretion. Design -Builder further acknowledges and agrees that its <br />execution of the GMP Amendment constitutes certification that there are no claims, obligations or liens <br />outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, <br />furnished or incurred for or in connection with the Phase I Services through the date of the GMP Amendment <br />which will in any way affect Owner's interests. <br />2.3.2.3 Failure to Accept the Phase 2 Proposal. If the parties cannot reach mutual <br />agreement on the Phase 2 Proposal, or if the Owner fails to notify Design -Builder in writing within ninety <br />(90) day after submission that it accepts the Phase 2 Proposal, Owner and Design -Builder shall meet and <br />confer as to how the Project will proceed, with Owner having the following options: <br />i. Terminate this Contract and pay Design -Builder for all Work performed <br />through the date of termination; <br />ii. Terminate this Contract, pay Design -Builder for all Work performed through <br />the date of termination and contract directly with the Design Consultant and <br />Design Sub -Consultants, if any, for completion of the Phase 1 Scope of <br />Services for the agreed upon Contract Price for Phase 1 Services set forth at <br />Section 7.1 minus payments for all Work performed through the date of <br />termination; <br />PROGRESSIVE DESIGN -BUILD CONTRACT, Page 5 <br />