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2 <br /> • GC/CM Contract <br /> General ContractorlConstruction Manager Services for <br /> Water Pollution Control Facility Expansion <br /> Phase Cl (Liquid Stream) <br /> request and Owner, at its sole option may agree to a change in the <br /> scope of the work for the bid package. The GC/CM may then rebid, but <br /> all time delays, including construction schedule impacts, and costs to <br /> rebid, including reproduction costs and any Engineer costs to the <br /> Owner associated with changes to the Contract Documents, shall be <br /> the responsibility of the GC/CM and the TCC shall not be changed. <br /> 7.4.8. Bid Protest: Unless otherwise provided by resolution by the Governing <br /> Body prior to the execution of this GC/CM Contract, the GC/CM, and <br /> not the Owner or its Governing Body, shall be responsible for <br /> reviewing and responding to bid protests, shall adhere to the <br /> requirements of RCW 39.10.380, and shall be responsible for all risks <br /> and damages in the event of a bid protest. In the event that the <br /> GC/CM is submitting a bid to self-perform subcontract bid package <br /> work, the Owner, in accordance with the procedures adopted by <br /> resolution by the Governing Body, shall be responsible for reviewing <br /> and responding to such bid protests GC/CM shall include such <br /> procedures in the subcontractor bid packages where the GC/CM is <br /> submitting a bid to self-perform.. <br /> 7.4.9. Savings: If the GC/CM is successful in awarding contracts for all of its <br /> subcontracts in its approved updated Subcontract Plan in an amount <br /> less than the negotiated MACC, any remaining savings shall be <br /> returned to the Owner along with the Percent Fee Percentage <br /> multiplied by the savings, or utilized to fund additive alternates or other <br /> Work as directed by the Owner, upon the Owner's sole discretion. <br /> 7.4.10. Subcontractor Non-Performance. If any Subcontractor to whom a <br /> bid package has been awarded is unable to perform for whatever <br /> reason, the GC/CM, with the Owner's approval, shall have the option <br /> to either rebid or negotiate for the performance of the work, or perform <br /> the work itself, provided the GC/CM does not exceed the 30% self- <br /> performance limitation on the Project and further provided that such <br /> work is of the type customarily performed by the GC/CM. The GC/CM <br /> shall bear all risk and/or be responsible for cost overruns occasioned <br /> by a Subcontractor's inability to perform. <br /> 7.4.11. Owner-Furnished Equipment. The GC/CM shall coordinate all work <br /> required to issue subcontract bid packages for the installation of Owner <br /> Furnished GC/CM Installed (OFCI) and Owner Existing GC/CM <br /> City of Everett Page 20 of 25 December, 2013 <br /> Water Pollution Control Facility Expansion <br /> 29 <br />