2004/02/11 Council Agenda Packet

• r 5 3.8.3 MACC Submittal The Contractor shall submit the proposed MACC with a written statement of its basis, which shall include at least the following: A. A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the Contract, which were used in preparation of the MACC proposal. B. A list of allowances and a statement of their basis. C. A list of the clarifications and assumptions made by the Contractor in the preparation of the MACC proposal to supplement the information contained in the Drawings and Specifications. D. A construction period operating plan identifying requirements for plant operations and assumptions regarding changes in operations required to accommodate construction activities. E. The proposed MACC,including a statement of the estimated cost organized by trade categories, allowances, and reasonable contingency,and other items the Contractor believes may assist in negotiation of the MACC and GCC. F. The Date of Substantial Completion upon which the proposed MACC is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 3.8.4 MACC Negotiation The Contractor shall meet with the Owner and Design Team to review the MACC proposal and the written statement of its basis. In the event that the Owner or Design Team discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor,who shall make appropriate adjustments to the MACC proposal,its basis or both. The parties shall not be bound by the MACC proposal unless and until incorporated into the Guaranteed Construction Cost of the Construction Contract. If the parties do not agree a Construction Contract and the Owner solicits public, competitive bids as if the project were design/bid/build, then Contractor shall not submit a bid. Owner shall not be liable to Contractor for any costs included in the MACC and incurred by Contractor prior to execution of a Construction Contract,unless specifically authorized in writing by the Owner. 4.0 RELATIONSHIP OF THE PARTIES 4.1 General The Contractor accepts the relationship of trust and confidence established by this Preconstruction Contract and covenants with the Owner to cooperate with the Design Team PAGE 7 21 .