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• r Preconstruction Services Contract <br /> General Contractor/Construction Manager Services for <br /> Water Pollution Control Facility Expansion <br /> Phase Cl (Liquid Stream), Phase C2(Solids Handling) <br /> Services only if the Owner and GC/CM execute a GC/CM Contract for the <br /> respective Phase. <br /> 5. Maximum Allowable Construction Cost (MACC) Negotiations: When the <br /> Drawings and the Specifications are 90% complete for each Phase, based on <br /> the check set as determined by Carollo (set stamped as 90%), the Owner and <br /> the GC/CM will begin MACC negotiations, in compliance with RCW <br /> 39.10.370. Within 30 days from the Owner submitting 90% Drawings and <br /> • Specifications to the GC/CM, the GC/CM will provide a MACC proposal to the <br /> Owner. As the Drawings and Specifications may not be finished at the time <br /> the MACC is negotiated, GC/CM shall include in its MACC proposal all costs <br /> related to further development of the Drawings and Specifications that are <br /> reasonably inferable therefrom, to provide a complete and operating facility, <br /> provided, however, that such further development does not include changes <br /> in scope, systems, quality of materials which, if required, shall be <br /> incorporated by Change Order to the GC/CM Contract to be executed <br /> between the Owner and GC/CM. <br /> 6. Inability to Negotiate Acceptable MACC: This Contract is solely for <br /> Preconstruction Services. The Owner intends to negotiate a separate <br /> Maximum Allowable Construction Cost (MACC) with separate GC/CM <br /> Contracts for Phase Cl (Liquid Stream) and Phase C2 (Solids Handling). In <br /> entering into this Contract, Owner and GC/CM recognize the possibility that <br /> they may not be able to successfully negotiate the MACC for either or both <br /> Phases. Accordingly, Owner and GC/CM are not relying on the assumption <br /> that a GC/CM Contract will subsequently be signed for either Phase. • <br /> A. In the event Owner and GC/CM do not successfully negotiate a MACC for <br /> Phase Cl, this Contract will be terminated and GC/CM will be paid in <br /> accordance with the amount specified in Section 2 of this Contract (up to <br /> the not-to-exceed amount) for satisfactorily performed Preconstruction <br /> Services to the date of termination and will not be entitled to any other <br /> compensation, damages, loss of profits or payment of any other kind. <br /> B. The Owner and GC/CM will be negotiating a separate MACC for the <br /> Phase C2 (Solids Handling) work. In the event Owner and GC/CM do not <br /> successfully negotiate a MACC for Phase C2 work, this Contract will be <br /> terminated and GC/CM will be paid in accordance with the amount <br /> specified in Section 2 of this Contract (up to the not-to-exceed amount)for <br /> satisfactorily performed Preconstruction Services to the date of <br /> City of Everett Page 4 of 13 October 3,2012 <br /> Water Pollution Control Facility Expansion <br /> 36 <br />