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5- THIS AGREEMENT("Contract"),made and entered into this day of <br /> ,2003, by and between THE CITY OF EVERETT("Owner"),and <br /> HOFFMAN CONSTRUCTION COMPANY OF WASHINGTON, (also referred to as <br /> "Contractor"and"GC/CM"), hereinafter collectively referred to as "Parties", shall be the basis of <br /> performing the Work collectively identified in the Contract Documents. <br /> In consideration of the mutual covenants and agreements of the Parties in the Contract <br /> Documents,the Contractor agrees to furnish all material, labor,tools, equipment,apparatus, <br /> facilities, etc. necessary to perform and complete in an acceptable manner the Work called for in <br /> the Contract Documents for the following amounts: <br /> The agreed contract amount, including all contractor compensation,MACC, GC/CM Fee,and <br /> Specified General Conditions amount, except for additions occasioned by Owner-directed <br /> change, is as follows: <br /> Maximum Allowable Construction Cost <br /> (MACC) <br /> Construction Cost $32,376,543 <br /> MACC Contingency $1,618,827 <br /> Total MACC $33,995,370 <br /> Coiahac ors Flxeft. gee*. 4.95%of MACC 06g21,11 <br /> Contractor's Fixed:amount for Specified <br /> �ei Conditiojis <br /> ow-0Nc fr,een1ive 017if-000 <br /> Subtotal $37,713,141 <br /> Sales Tax $3,243,330 <br /> Guaranteed Contract Cost $40,956,477 <br /> 1. DEFINITIONS <br /> Except as provided in this Article 1,capitalized terms shall have the meaning set forth in the City <br /> of Everett General Conditions(Specification 00710). <br /> "Contract"means the Contract Documents, which together represent the entire and integrated <br /> agreement between the Parties and supersedes prior negotiations,representation or agreements, <br /> either written or oral. The order of precedence of the Contract Documents shall be as they appear <br /> in section 1.2 of the General Conditions. <br /> "Contract Documents" consist of this Contract; all divisions of the Specifications,the Cost <br /> Estimate used to develop the MACC;the Subcontract Plan as defined in Article 6 hereof <br /> including all bid packages; the Schedule; other documents listed in this Contract;modifications <br /> issued after execution of this Contract; the RFP document and its addenda for selection of the <br /> Everett Water Pollution Control Facility Expansion Phase A <br /> Construction Agreement <br /> 19 <br />