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4 <br />Progressive Design Build General Conditions <br /> <br />Conditions of Contract and 8.4 of the Contract. <br />1.2.31 Final Completion is the date on which all Work, except for warranties, is complete in <br />accordance with the Contract Documents, including but not limited to, any items identified in the <br />punch list and the submission of all documents set forth in Section 6.6.2 of these General <br />Conditions of Contract. <br />1.2.32 Force Majeure Events are those unanticipated events that are beyond the control of both <br />Design-Builder and Owner, including the events of war, floods, national or regional labor disputes <br />(but not labor disputes involving Design-Builder), earthquakes, pandemics, epidemics, adverse <br />weather conditions not reasonably anticipated, and other acts of God. Force Majeure Events shall <br />not include known events or conditions (and associated Legal Requirements) in existence at the <br />time of execution of the GMP Amendment. <br />1.2.33 General Conditions of Contract refer to this Document. <br />1.2.34 GMP or Guaranteed Maximum Price is defined or described in Section 7.7 of the <br />Contract. <br />1.2.35 GMP Amendment is an amendment to the Contract contingent upon Owner’s approval of <br />the Phase 2 Proposal as defined or described in Section 2.3.2.2 of the Contract. <br />1.2.36 Good Faith Effort(s) (GFE) describes the Design-Builder’s efforts to meet the Apprentice <br />Utilization Requirement. <br />1.2.37 Hazardous Conditions are any materials, wastes, substances, and chemicals deemed to <br />be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or <br />disposal of which are regulated by applicable Legal Requirements. <br />1.2.38 Labor Hours are the total hours performed by all workers receiving an hourly wage who <br />are subject to prevailing wage requirements for work performed on the Contract as defined by <br />RCW 39.04.310. Labor Hours are determined based on the scope of work performed by the <br />individuals, rather than the title of their occupations in accordance with WAC 296-127. <br />1.2.39 Legal Requirements are all applicable federal, state, and local laws, codes, ordinances, <br />rules, regulations, orders and decrees of any government or quasi-government entity having <br />jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. <br />1.2.40 Notice to Proceed is a formal written notice from Owner to Design-Builder instructing it to <br />commence with all or some portion of the Work. <br />1.2.41 Open-Book means that all costs and expenses of any kind chargeable to the Owner shall <br />be open and transparent to Owner. Owner has the right, directly or through agents or <br />representatives of its choosing, to access and audit all information used or obtained by Design- <br />Builder in formulating the price in Article 7 of the Contract. Any adjustment to price throughout the <br />Project shall be made on an Open-Book basis as well. Open-Book pricing and payment <br />procedures will not apply to a Lump Sum payment structure. <br />1.2.42 Owner is the City of Everett, Washington. <br />1.2.43 Owner’s Initial Programming and Overview are developed by or for Owner to describe <br />Owner’s program opportunities and objectives for the Project, including use, space, price, time, <br />site, and expandability requirements, as well as other expectations or wants that may be used to <br />evaluate the Design-Builder’s performance of the Work. Owner’s Initial Programming and <br />Overview are set forth in Exhibit B to the Contract.