Common use of Transition from Design to Installation Services Clause in Contracts

Transition from Design to Installation Services. a. Following DCAMM’S acceptance of the Design in accordance with this Contract, DCAMM may, in its sole discretion, elect to proceed with the Installation Services. CONTRACTOR acknowledges that the execution of this Contract for the completion of Design and DCAMM’S acceptance of and/or payment for such Design Services in no way obligates DCAMM to proceed with the Installation Services. b. If DCAMM does not elect to proceed with Installation Services, this Contract shall conclude upon CONTRACTOR’s receipt of notice of DCAMM’s decision not to proceed with Installation Services and upon final payment to CONTRACTOR for the Design in accordance with the Contract. Regardless of whether a Notice to Proceed with Installation Services is issued, CONTRACTOR shall remain responsible for any of its continuing obligations arising during the performance of the Design Services hereunder. c. If DCAMM elects to proceed with Installation Services, CONTRACTOR and DCAMM shall work in good faith to develop and document the complete scope of Installation Services based upon the Proposal, and the Design and in accordance with all Contract requirements. CONTRACTOR shall provide an updated Design/Construction Schedule, complete the scope and pricing forms provided in Appendix A and provide any other documentation reasonably requested by DCAMM to document such scope. d. The Installation Costs shall be the Estimated Installation Costs, as may be updated during the performance of the Design Services in accordance with Section 22.3: Notification by CONTRACTOR of Impacts on Installation Costs, provided that the Estimated Installation Costs shall be adjusted to account for unit price adjustments based on the unit quantities of the final Design in accordance with the “Unit Pricing Terms” included in Schedule B-6: Payment Terms; Total Contract Value. e. CONTRACTOR shall provide updated certificates of insurance and payment and performance bonds in the form required by this Contract in the full Total Contract Value (as updated to include Installation Costs) prior to the issuance of the Notice to Proceed with Installation Services. f. CONTRACTOR shall submit and obtain approval from DCAMM for all required documentation in accordance with Schedule A-1: Goals for Participation by MBE/WBE Enterprises/Equal Employment Opportunity, Anti- Discrimination, and Affirmative Action Program (Executive Orders No. 526 and No. 565) prior to the issuance of a Notice to Proceed with Installation Services. g. In no event shall Contractor incur any costs associated with the Installation Services prior to receipt of a Notice to Proceed for such Installation Services.

Transition from Design to Installation Services. a. Following DCAMM’S acceptance of the Design in accordance with this Contract, DCAMM may, in its sole discretion, elect to proceed with the Installation Services. CONTRACTOR acknowledges that the execution of this Contract for the completion of Design and DCAMM’S acceptance of and/or payment for such Design Services in no way obligates DCAMM to proceed with the Installation Services. b. If DCAMM does not elect to proceed with Installation Services, this Contract shall conclude upon CONTRACTOR’s receipt of notice of DCAMM’s decision not to proceed with Installation Services and upon final payment to CONTRACTOR for the Design in accordance with the Contract. Regardless of whether a Notice to Proceed with Installation Services is issued, CONTRACTOR shall remain responsible for any of its continuing obligations arising during the performance of the Design Services hereunder. c. If DCAMM elects to proceed with Installation Services, CONTRACTOR and DCAMM shall work in good faith to develop and document the complete scope of Installation Services based upon the Proposal, and the Design and in accordance with all Contract requirements. CONTRACTOR shall provide an updated Design/Construction Schedule, complete the scope and pricing forms provided in Appendix A and provide any other documentation reasonably requested by DCAMM to document such scope. d. The Installation Costs shall be the Estimated Installation Costs, as may be updated during the performance of the Design Services in accordance with Section 22.3: Notification by CONTRACTOR of Impacts on Installation Costs, provided that the Estimated Installation Costs shall be adjusted to account for unit price adjustments based on the unit quantities of the final Design in accordance with the “Unit Pricing Terms” included in Schedule B-6: Payment Terms; Total Contract Value. e. CONTRACTOR shall provide updated certificates of insurance and payment and performance bonds in the form required by this Contract in the full Total Contract Value (as updated to include Installation Costs) prior to the issuance of the Notice to Proceed with Installation Services. f. CONTRACTOR shall submit and obtain approval from DCAMM for all required documentation in accordance with Schedule A-1: Goals for Participation by MBE/WBE Enterprises/Equal Employment Opportunity, Anti- Anti-Discrimination, and Affirmative Action Program (Executive Orders No. 526 and No. 565) prior to the issuance of a Notice to Proceed with Installation Services. g. In no event shall Contractor incur any costs associated with the Installation Services prior to receipt of a Notice to Proceed for such Installation Services.