James W. Fowler Co. 12/1/2021 - Laserfiche WebLink

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