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12 <br />Progressive Design Build Contract <br /> <br /> <br />7.7.3 Savings. If the sum of the actual Design-Build Fee (as defined in 7.5 hereof), the <br />Construction General Conditions Price (Section 7.4), Pass-Through Costs (Section 7.6.3) plus the <br />Cost of the Phase 2 Work (Section 7.6.1) as provided in Article 7 hereof is less than the GMP, as <br />such GMP may have been adjusted over the course of the Project, the difference (“Savings”) may <br />be incorporated back into the Project as agreed, or returned to Owner. The Design Builder will keep <br />Owner informed of the status of all costs and opportunities to increase the outcomes of the project. <br /> <br />7.8 Allowance Items and Allowance Values. <br /> <br />7.8.1 Any and all Allowance Items, as well as their corresponding Allowance Values, shall be set <br />forth in the GMP Amendment. <br /> <br />7.8.2 Design-Builder and Owner will work together to review the Allowance Items and Allowance <br />Values based on design information then-available to determine that the Allowance Values <br />constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue <br />working closely together during the preparation of the design to develop Construction Documents <br />consistent with the Allowance Values. Nothing herein is intended in any way to constitute a <br />guarantee by Design-Builder that the Allowance Item in question can be performed for the <br />Allowance Value. <br /> <br />7.8.3 No Work shall be performed on any Allowance Item without Design-Builder first obtaining <br />in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is <br />not provided written authorization to proceed by the date set forth in the Project Schedule approved <br />with the GMP Amendment, due to no fault of Design-Builder, Design-Builder may be entitled to an <br />adjustment of the Contract Time(s) and Contract Price. <br /> <br />7.8.4 The Allowance Value includes the direct cost of labor, materials, equipment, transportation, <br />taxes, and insurance associated with the applicable Allowance Item. <br /> <br />7.8.5 Whenever the actual cost for an Allowance Item is more than or less than the stated <br />Allowance Value, the Design-Builder shall report such difference to Owner so that Owner can <br />maintain a running tally of Allowance Item costs against Allowance Values. Prior to final payment, <br />the Contract Price shall be adjusted accordingly by Change Order, subject to Section 7.8.4. The <br />amount of the Change Order shall reflect the difference between actual costs incurred by Design- <br />Builder for all Allowance Items and the total Allowance Value. <br /> <br />Article 8 <br />Procedure for Payment <br />8.1 Phase 1 Payments. Phase 1 Work shall be paid by Owner based on the not-to-exceed Phase 1 <br />Price at the all-inclusive billing rates and labor categories set forth herein and as may be established in a <br />Phase 1 Amendment. All-inclusive billing rates and labor categories shall not be subject to any overtime <br />pay obligations incurred by Design-Builder nor any rate increases during Phase 1. <br /> <br />8.1.1 Phase 1 Work may be invoiced to Owner on a monthly basis on the day agreed to during <br />Partnering activities. Application for payment will be based on cost incurred during the previous <br />billing cycle. Draft applications for payment will be reviewed and agreed during weekly project <br />meetings to ensure that costs and expenses are paid as incurred and not held until a later billing <br />period. <br /> <br />8.2 Phase 2 Payments. <br /> <br />8.2.1 Progress payments will be made monthly for work duly certified, approved, and performed <br />during the calendar month preceding the Application in accordance with the following procedure,