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5 <br />Progressive Design Build Contract <br /> <br />incorporating the agreed Phase 2 Proposal in order for the Design-Builder to proceed to <br />Phase 2. <br /> <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 <br />this Contract (the “GMP Amendment”). Once the parties have agreed upon the GMP <br />Amendment and Owner has issued a Notice to Proceed with Phase 2, Design-Builder shall <br />perform the Phase 2 Work, all as described in the GMP Amendment. If the Project is <br />subject to a Project Labor Agreement or Community Workforce Agreement, the Project <br />Labor Agreement/ Community Workforce Agreement will be attached to the GMP <br />Amendment as an exhibit and become part of this Contract, with the GMP including all <br />costs of compliance with the Project Labor Agreement/Community Workforce Agreement. <br />Design-Builder acknowledges and agrees that Owner’s acceptance and execution of the <br />GMP Amendment is subject to approval by the Everett City Council, which is at the Everett <br />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, <br />obligations, or liens outstanding or unsatisfied for labor, services, material, equipment, <br />taxes, or other items performed, furnished, or incurred for or in connection with the Phase <br />1 Work through the date of the GMP Amendment that will in any way affect Owner’s <br />interests. <br /> <br />2.3.2.3 Failure to Accept Phase 2 Proposal. If Owner rejects the Proposal, or fails to <br />notify Design-Builder in writing on or within ninety (90) day after submission that it accepts <br />the Phase 2 Proposal, the Phase 2 Proposal shall, unless otherwise agreed in writing by <br />the parties, be deemed withdrawn and of no effect. In such event, Owner and Design- <br />Builder shall meet and confer as to how the Project will proceed, with Owner having the <br />following options: <br /> <br />i. Terminate this Contract and pay Design-Builder for all Work performed <br />through the date of termination; <br /> <br />ii. Terminate this Contract, pay Design-Builder for all Work performed <br />through the date of termination and contract directly with the Design Consultant <br />and Design Sub-Consultants, if any, for completion of the Phase 1 Scope of <br />Services for the agreed upon price for Phase 1 Work set forth at Section 7.1 minus <br />payments for all Work performed through the date of termination; <br /> <br />iii. Require Design-Builder to proceed with remaining Phase 1 Work for the <br />agreed upon price for Phase 1 Work set forth at Section 7.1 minus payments for <br />all Work performed through the date of termination; <br /> <br />iv. Require Design-Builder to perform any specific portion of the Work under <br />this Contract based on the Design-Build Fee (Section 7.5), the Construction <br />General Conditions Price (Section 7.4), Pass-Through Costs (Section 7.6.3) plus <br />the Cost of the Phase 2 Work (Section 7.6.1) as provided in Article 7 hereof without <br />a GMP Amendment, in which case all references in this Contract to the GMP <br />Amendment shall not be applicable; or <br /> <br />v. Require Design-Builder to continue to proceed with the Work, until further <br />notice (reserving the right to terminate this Contract pursuant to Section 2.3.2.3.i.) <br />on the basis of the Design-Build Fee (Section 7.5), the Construction General <br />Conditions Price (Section 7.4), Pass-Through Costs (Section 7.6.3) plus the Cost <br />of the Phase 2 Work (Section 7.6.1) as provided in Article 7 hereof without a GMP <br />Amendment, in which case all references in this Contract to the GMP Amendment <br />shall not be applicable. <br />