OFF RAMP. 1.4.1 The parties acknowledge that Owner’s ability to successfully complete the Project may be significantly impacted if Owner elects to terminate Design-Builder’s services at the end of Phase 1, rather than proceeding to Phase 2 under Section 1.3 (“Phase 2 Services”). Consequently, Design-Builder hereby agrees that if Owner terminates Design-Builder for any reason, Owner shall have the right to obtain the Plans, Design Drawings, Cost Estimates and all notes and correspondence related to the Design-Builder’s work up until the time of cancellation, upon payment of Design-Builder’s costs and expenses up until that time. Compensation for Design- Builder’s work will not include any anticipated costs or profits anticipated by Design-Builder during or as a result of Phase 2 of this project. 1.4.2 If the parties are unable to reach an agreement on Design-Builder’s proposed Contract Price for Phase 2 under Section 1.3 within the time limit for acceptance specified in the Proposal, as may be extended by the mutual agreement of the parties, then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 1. Owner may declare Phase 1 Services completed and authorize Design-Builder to continue to advance the final design of the Project as an extension of Phase 1 or as an Additional Service, as applicable; or 2. Owner may terminate the relationship with Design-Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design- Builder. 1.4.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, Design-Builder may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise either of the options under Section 1.4.2 within ten (10) days of receipt of Design-Builder’s notice, then this Agreement shall be deemed completed. 1.4.4 If Owner terminates the relationship with Design-Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design-Builder shall have no further liability or obligations to Owner under this Agreement
Appears in 1 contract
Sources: Design Build Agreement
OFF RAMP. 1.4.1 The parties acknowledge that Owner’s ability to successfully complete the Project may be significantly impacted if Owner elects to terminate Design-Builder’s services at the end of Phase 1, rather than proceeding to Phase 2 under Section 1.3 (“Phase 2 Services”)) and certain design subconsultants are not available to continue working on the Project. Consequently, Design-Design- Builder hereby agrees that that, if Owner terminates Design-Builder for any reason, Owner shall have the right to obtain the Planscontract directly with such design subconsultants for design-related services on this Project, Design Drawings, Cost Estimates and all notes and correspondence related to the Design-Builder’s work up until the time of cancellation, upon payment of Design-Builder’s costs and expenses up until that time. Compensation for Design- Builder’s work will not include any anticipated costs or profits anticipated by Design-Builder during shall take such steps as are reasonably necessary to enable Owner to implement such relationships. Design-Builder shall provide in any design subconsultancy agreements that Owner shall have the right to negotiate directly with such design subconsultants for the continuation of their services with respect to the Project, and that any provisions with respect to copyright or as a result the ownership of Phase 2 instruments of this projectservice confirm such right of Owner.
1.4.2 If the parties are unable to reach an agreement on Design-Builder’s proposed Contract Price for Phase 2 under Section 1.3 within the time limit for acceptance specified in the Proposal, as may be extended by the mutual agreement of the parties, then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options:
1. .1 Owner may declare Phase 1 Services completed and authorize Design-Builder to continue to advance the final design of the Project continue, as an extension of Phase 1 or 1, to complete a unified set of plans and specifications for use by Owner to solicit competitive bids for construction of the Project and completion of Design-Builder’s responsibilities as an Additional Servicethe Engineer of Record, as applicableincluding the provision of engineering services during construction; or
2. .2 Owner may terminate the relationship with Design-Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design- Design-Builder.
1.4.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, Design-Builder may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise either of the options under Section 1.4.2 within ten thirty (1030) days of receipt of Design-Builder’s notice, then this Agreement shall be deemed completed.
1.4.4 If Owner terminates the relationship with Design-Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design-Builder shall have no further liability or obligations to Owner under this Agreement
Appears in 1 contract
Sources: Progressive Design Build Agreement
OFF RAMP. 1.4.1 The parties acknowledge that Owner’s ability to successfully complete the Project may be significantly impacted if Owner elects to terminate Design-Builder’s services at the end of Phase 1, rather than proceeding to Phase 2 under Section 1.3 (“Phase 2 Services”)) and certain design subconsultants are not available to continue working on the Project. Consequently, Design-Design- Builder hereby agrees that if Owner terminates Design-Builder for any reason, Owner shall have the right to obtain the Planscontract directly with such design subconsultants for design-related services on this Project, Design Drawings, Cost Estimates and all notes and correspondence related to the Design-Builder’s work up until the time of cancellation, upon payment of Design-Builder’s costs and expenses up until that time. Compensation for Design- Builder’s work will not include any anticipated costs or profits anticipated by Design-Builder during shall take such steps as are reasonably necessary to enable Owner to implement such relationship. Design-Builder shall provide in any design subconsultancy agreements that Owner shall have the right to negotiate directly with such design subconsultants for the continuation of their services with respect to the Project, and that any provisions with respect to copyright or as a result the ownership of Phase 2 instruments of this projectservice confirm such right of Owner.
1.4.2 If the parties are unable to reach an agreement on Design-Builder’s proposed Contract Price for Phase 2 under Section 1.3 within the time limit for acceptance specified in the Proposal, as may be extended by the mutual agreement of the parties, then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options:
1. .1 Owner may declare Phase 1 Services completed and authorize Design-Builder to continue to advance the final design of the Project as an extension of Phase 1 or as an Additional Service, as applicable; or
2. .2 Owner may terminate the relationship with Design-Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design- Design-Builder.
1.4.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, Design-Builder may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise either of the options under Section 1.4.2 within ten (10) days of receipt of Design-Builder’s notice, then this Agreement shall be deemed completed.
1.4.4 If Owner terminates the relationship with Design-Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design-Builder shall have no further liability or obligations to Owner under this Agreement
Appears in 1 contract
Sources: Progressive Design Build Agreement