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5 <br /> THIS PRECONSTRUCTION CONTRACT, is made and entered into this day of <br /> , by and between the City of Everett ("Owner" or"City"), and Hoffman <br /> Construction Company of Washington , hereinafter referred to as "Parties." <br /> WHEREAS, pursuant to RCW Ch. 39.10, the Owner selected the Contractor as its General <br /> Contractor/Construction Manager ("GC/CM") with respect to the Water Pollution Control <br /> Facility Expansion Phase A; and <br /> WHEREAS, the Owner has need for certain preconstruction services with respect to the <br /> Project while the Parties continue to work toward negotiating and finalizing the Maximum <br /> Allowable Construction Cost ("MACC") as set forth in the solicitation documents for the <br /> Project;Now,therefore, <br /> The Parties agree as follows: <br /> 1.0 DEFINITIONS <br /> Capitalized words shall have the meaning set forth below: <br /> "Contract"and"Preconstruction Contract"mean this written agreement. <br /> "Contract Documents"means the Drawings and Specifications to be developed over the course <br /> of this Project. <br /> "Contractor"means Hoffman Construction Company of Washington and its subcontractors. <br /> "Design Team" means Brown&Caldwell and its subconsultants. <br /> "Drawings"are the graphic and pictorial portions of the Contract Documents showing the design, <br /> location, and dimensions of the Work, and may include plans, elevations, sections, details, <br /> schedules,and diagrams. <br /> "Guaranteed Contract Cost"("GCC") shall mean the sum of the MACC+Fixed Fee+Fixed <br /> Amount for Specified General Conditions work+applicable Washington State Sales Tax. <br /> "MACC"shall mean the maximum allowable construction cost. <br /> "Owner"and"City"mean the City of Everett,Washington. <br /> "Project"means the Water Pollution Control Facility Expansion Phase A. <br /> "Specifications" are that portion of the Contract Documents consisting of the written <br /> requirements for materials,equipment, construction systems,standards and workmanship for the <br /> Work, and performance of related services. <br /> 2.0 TERM <br /> This Agreement shall commence as of the date of execution of this Agreement and shall be <br /> complete upon the earlier of execution of a contract for construction of the Project or January 31, <br /> PAGE 3 <br /> 17 <br />