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maximum allowable compensation for GC/CM preconstruction services for the purposes of the <br /> GC/CM Contract. The GC/CM preconstruction services are to be billed at an hourly rate and, <br /> without prior written approval of the Owner, shall not exceed the total maximum compensation for <br /> preconstruction services agreed to in the final Work Plan and identified in the GC/CM Contract. <br /> Subject to approval of the final Work Plans by the Owner, and approval by the Everett City <br /> Council, the Owner and Contractor shall execute the GC/CM Contract, as included in draft form <br /> in this RFFP. <br /> If the final Work Plan received is not satisfactory, the Owner will advise the Contractor of the <br /> shortcomings and request additional revisions to the final Work Plan. If a final Work Plan and <br /> GC/CM Contract, acceptable to and approved by the Owner, is not able to be reached within 21 <br /> calendar days or such longer time as the Owner may determine in the Owner's sole discretion <br /> following notification of the Contractor's selection for negotiation of preconstruction services and <br /> a GC/CM Contract, the Owner reserves the right to terminate negotiations with the Contractor <br /> and, at its discretion, begin discussions with the next highest ranked Proposer. <br /> 10. GMP Negotiations and Guaranteed Maximum Price Amendment <br /> This Section 9 is a preliminary summary of the GMP negotiations. However,the GMP negotiations <br /> are exclusively governed by executed GC/CM Contract. <br /> GMP negotiations are expected to occur, pursuant to the GC/CM Contract,when the scope of the <br /> Project and/or phases are adequately defined and the Construction Documents are at least ninety <br /> percent (90%) complete, as mutually determined by the GC/CM and the Owner, but no later than <br /> the completion of the Construction Documents. <br /> The Owner may also, with the assistance of the GC/CM, opt to conduct a series of negotiations <br /> for selected, smaller, defined bid packages prior to the final GMP Amendment whereby each <br /> negotiation will culminate in determination of a defined portion of the Work and a price for that <br /> Work. <br /> At the time that the scope and price of the Work, is successfully negotiated,the parties will execute <br /> a GMP Amendment to the GC/CM Contract. At the time that a final GMP is successfully <br /> negotiated, the parties will sign a final GMP Amendment which will supersede and include all <br /> previous GMP Amendments. Each GMP Amendment must be approved by the Everett City <br /> Council before the City can sign it. <br /> Should the GC/CM and Owner not agree on a GMP the Owner may, at their sole discretion, opt <br /> to cancel the negotiations and begin negotiations with the next highest ranked Proposer or may <br /> opt to bid the Project, or take any other action consistent with applicable law. The GC/CM shall <br /> not be reimbursed for the GMP negotiations. <br /> 11. RFFP Final Proposal Bid Amounts <br /> 11.1 After RFFP Final Proposals have been opened and the bid amounts read, the calculation <br /> of the Fee bid amount will be checked for correctness. A discrepancy between the Fee <br /> percentage and the Fee bid amount shall be resolved by accepting the Fee percentage <br /> as correct and making any necessary adjustment in the Fee bid amount. The Owner shall <br /> mathematically correct, where necessary, the summation of the Total Bid amount. <br /> 11.2 The Proposer's Total SGC Cost amount and Fee Percentage as included on the RFFP <br /> Final Proposal Form shall be valid until execution of the GC/CM Contract, and the Total <br /> SGC Cost amount and Fee Percentage shall be included in the calculation of the GMP. <br /> February 3,2023 <br /> City of Everett Municipal Building Spec Seat 00 22 3 <br /> Everett Municipal Building Public Works Tenant RFFP for GCCM Services <br /> 13 <br /> Improvements 00 22 13-7 <br /> RFFP for GC/CM Services <br />