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providing notice and asserting and pursuing any Claim that may arise therefrom.If the Construction Manager does not provide this notification within thirty(30)days of its receipt of the revised Drawings and Specifications,the revisions shall be considered accepted with no change in the GMP or Contract Time. §3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales,consumer,use and similar taxes(but not sales taxes on the Contract Sum)for the Work provided by the Construction Manager that are legally enacted,whether or not yet effective,at the time the GMP Amendment is executed. The only taxes excluded from the GMP and separately reimbursable by the Owner are State and local sales taxes on the Contract Sum. §3.2.10 If,upon establishing the GMP,the GMP varies more than 15%from the budget specified in the RFP due to changes in the scope requested and approved by the Owner,the percentage applied to the GMP to determine the Fee shall be renegotiated when the GMP is negotiated. §3.2.11 If the Owner is unable to negotiate to its reasonable satisfaction any aspect of the proposed GMP Amendment, then the Owner may terminate negotiations with the Construction Manager.The Owner may,but is not obligated to, solicit bids or negotiate with the next highest scored proposer and continue until an agreement is reached or terminate the process." § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of the revised General Conditions,the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or,prior to acceptance of the Guaranteed Maximum Price proposal,by written agreement of the parties (which agreement in order to be effective must be executed by the Mayor of the City of Everett on behalf of Owner and by an authorized representative of Construction Manager).The written agreement shall set forth a description of the Work to be performed by the Construction Manager,and other requirements for such Work, including without limitation insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager.The Owner may designate specific persons from whom,or entities from which,the Construction Manager shall obtain bids.The Construction Manager shall comply with the applicable requirements of RCW 39.10 and 39.19,the provisions of which shall take precedence over any inconsistent provisions of the Contract Documents. Except as specified below,the Construction Manager shall assemble the bidding materials,manage the bidding process, and obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect and the Owner.The Construction Manager shall analyze the subcontractor bids and deliver them to and the Owner with a recommendation of award.The Owner shall then determine,with the advice of the Construction Manager and the Architect,which bids will be accepted. Unless all bids are rejected, subcontract bid packages shall be awarded to the"responsible"and responsive bidder submitting the low responsive bid.Determination of"responsibility"shall comply with the requirements of RCW 39.10 and Washington law. .1 Other than Work under the Specified General Conditions and Negotiated Support Services,all Work on the Project shall be competitively bid as required by RCW 39.10.The Construction Manager may, subject to RCW 39.10,organize and solicit bids for the subcontract work in whatever combinations or packages it chooses,but the Construction Manager may not use alternates without approval of the Owner. .2 The Construction Manager shall bid out the subcontract bid packages in accordance with its approved Subcontracting Plan.The Construction Manager shall document and report monthly to the Owner on its procurement process.The Owner's written approval is required for changes to the Subcontracting Plan. .3 Before initially soliciting bids for the first subcontract bid package,the Construction Manager shall submit,and the Owner shall reasonably approve,fmal bid package estimates for all subcontract bid packages in the approved Subcontracting Plan.The sum of all the fmal bid package estimates in the Subcontracting Plan,plus any other described Article 7 Costs of the Work other than Negotiated Support Services and Specified General Conditions,shall not exceed the MACC. AIA Document A133' - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 1 4 without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1279676012)