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HomeMy WebLinkAboutPARSONS WATER & INFRASTRUCTURE INC PRECONSTRUCTION AGREEMENT HIGHLAND AVE WATER TREATMENT PLANT HIGHLAND AVENUE WATER TREATMENT PLANT CONSTRUCTION MANAGEMENT AT RISK AGREEMENT-- PRECONSTRUCTION SERVICES " 1.0 DEFINITIONS ..... ............ ............ ......... .... ........ ... ................... ............ .................... ............ 3 2.0 TERM ................................................................................................................................. 5 3.0 SCOPE OF SERVICES. ............................... ..... ..... ..... .......... ............ .............. .......... .... ..... 6 3.1 General............................................................................................................................ 6 3.2 Detailed Scope of Services ...... ............................ ............................. ..................... .......... 6 4.0 RELATIONSIIIP OF TIIE PARTIES ................................................................................ 6 4.1 General................... ....................................................................................... .................. 6 4.2 Construction Manager (CM). .............................. .................. ................................. ......... 7 5 .0 PAYMENT....................................................................................................... .................. 7 5.1 General.................................... ........................................................ ................................ 7 5.2 Reimbursement of Expenses ........................... ....... .................. ....................................... 8 5.3 Payment........................................................................................................................... 8 6.0 RISK MANAGEMENT ... .;.............. ... ...... ... ..... .......... ... ............ .............................. ........ .... 9 6.1 Insurance......................................................................................................................... 9 6.1.1 Commercial General Liability Insurance ................................................................9 6.1.2 Business Automobile Liability............................ ....................................... ........... 10 6.1.3 Worker's Compensation ........ ............. ................ ......................................... ......... 10 6.1.4 Valuable Papers Insurance ........ ................................... ......................... ......... ....... 10 6.1.5 Professional Liability Insurance ......... ....... ........ ........................................... .......... 10 6.1.6 Claims Made Form and Deductibles..................................................................... 10 6.1.7 Additional Insured And Primary Insurance Provisions......................................... 11 6.1.8 Evidence of Insurance ...... ..... ..... ................................. ........................... ..... .......... 11 6.1.9 Insurance Conditions...................... ..... ..... ....................... ......... ........................ ..... 11 7.0 NOTICES ................................ .............. .......... ..... ... ..... ............. ............ ................. .... .... ... 12 8.0 TERMINATION ............. .......... ... ........ ......... ........ ........ .......... ............ ....... ....................... 12 9.0 MISCELLANEOUS ......................................................................................................... 13 PAGE 1 of 19 I 9.1 Compliance With Law....... ....... ..... ..... ...... ......... ............ ..... ........ ...... ...... ...... .......... ...... 13 9.1.1 General Requirement ....,... ..... .... .......... .......................... ............ .......... ................. 13 9.1.2 Licenses and Similar Authorizations .................................................................... 13 9.1.3 Taxes.......................................................;............................................................. 13 9.1.4 Americans with Disabilities Act ........................................................................... 13 9.2 Governing Law and Venue ........ ...................... ........................ .................. ................... 13 9.3 Successors and Assigns........... ..... ...... .... ..... .................................................... ...... ........ 13 9.4 Meaning of Words............................... .......................................................................... 14 9.5 Rights and Remedies................... ....... .... .... ................... ........................................ ........ 14 9.6 CM Registration............................................................................................................ 14 9.7 Time Computations....................................................................................................... 14 9.8 Records Retention......................................................................................................... 14 9.9 Third-Party Agreements, Beneficiaries ........................................................................ 14 9.10 Audit............................................................................................................................. 15 9 .11 No Agency Created..................... .................................................................................. 15 9.12 Assignment and Subcontracting..~... ......................... ................;........................ ............ 15 9.13 Amendments................................................................................................................. 15 9.14 Executory Agreerrient...................... .... ................................... .......... ..................... ........ 15 9.15 Remedies Cumulative ..... .......................;........ .......................... .... ................................ 15 9.16 Captions.................. .................................................................:................................ .... 15 9.17 Invalidity of Particular Provisions. ..... .......................................................................... 16 9.18 No Waiver ........ ...... ......... ............... ............................................... ..... ........................... 16 9.19 Intellectual Property...................................................................................................... 16 9.20 Integration.............;....................................................................................................... 16 9.21 Conflict of Interest........................................................................................................ 16 9.22 Interest of Public Officials ................ ...... .............. ................................................. ....... 16 9.23 Employment of Owner's Personnel......... ..................................................................... 17 9.24 Employment .................... .......... ...;.................................... ........... ........ ............. ............ 17 9.25 Equal Employment Opportunity.................. ......... ................ ........................................ 17 9.26 Drug Free Workplace ............... ..... ..... .............................................. ............................. 17 9 .27 Anti-Kickback Clause.. ........... .............................. ................................. ....... ............ ..... 17 9 .28 Verbal Agreement or Conversation ....... ..... ................. .............................................;... 18 9.29 Personnel................................................................................................................:...... 18 PAGE 2 of 19 ...... Revision Date June 2005 THIS PRECONSTRUCTION AGREEMENT (herein referenced as "Agreement"), is made and entered into this ,........ day of JuNE ~06 , (the "Effective Date") by and between Augusta, Georgia ("OWNER"), and Parsons Water & Infrastructure Inc., ("CM or Parsons"), hereinafter sometimes referred to as "Parties." WIIEREAS, the OWNER has selected the CM as its Construction Manager and CM has agreed to provide construction management services with respect to the Highland Avenue Water Treatment Plant Expansion ("Project"); and WIIEREAS, the OWNER has need for certain preconstruction services with respect to the Project while the Parties continue to work toward negotiating and finalizing the Guaranteed Maximum Price ("GMP") Agreement as set forth in the Request for Proposals for the Project; NOW, TIIEREFORE, The Parties agree as follows: 1.0 DEFINITIONS Capitalized words shall have the meaning set forth below: Agreement - This written instrument between OWNER and CM covering the Work to be performed. Application for Payment-The form accepted by PROGRAM MANAGER which is to be used by CM in requesting progress or final payments and which is to include such supporting documentation as reasonably required by OWNER. AUD - The Augusta Utilities Department acting for and in behalf of the OWNER. Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed Bonds -_Bid, performance and payment bonds and other instruments of security furnished by CM and its Surety in accordance with the Contract Documents. CM - Construction Manager, Parsons Water & Infrastructure, Inc. Change Order .,- A document, signed by CM and OWNER, that authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued after the Effective Date of the Agreement. Contract Documents - The Agreement and all Drawings, Specifications, addenda,amendments, other contract modifications, or other documentation incorporated into any of them. Contract Price - The moneys payable by OWNER to CM as stated in the Agreement. Page 3 of 19 ....... Revision Date June 2005 Contract Time - The number of days or the date stated in the Agreement for the completion of the Work. . , Day - Either a working day or calendar day as specified in the bid documents. If a calendar day falls on a legal holiday, that day will be omitted from the computation. Legal Holidays include: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective - An adjective which; when modifying the word "Work", refers to Work that is unsatisfactory, faulty, deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval required by the Contract Documents, or which has been damaged prior to PROGRAM MANAGER'S recommendation of final payment, unless responsibility for the protection thereof has been previously assumed by OWNER upon Substantial Completion. Engineer - Gannett Fleming, Inc. Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared by ENGINEER and are referred to in the Contract Documents. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agree~ent is signed by the Mayor of Augusta, Georgia and the CM is notified that the Agreement is signed. General Requirements - Refers to Division Iof the Specifications. Guaranteed Maximum Price ("GMP") - GMP means the total sum of the Cost of Work including the Fixed Fee, the Fixed Amount for Specified General Conditions work, and any applicable Georgia State Sales Tax. Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders of governmental instrumentalities having jurisdiction over the Project. UMIWBE - Means locally owned, minority owner, and Women owned Businesses. Contractors, subcontractors, material vendors and other construction service providers which are local, minority owned, or women owned. A local contractor, sub-contractor, material vendor or service provider is defined as one having an office in Augusta-Richmond County, Georgia or any county contiguous to Augusta-Richmond County. Also means disadvantaged/minority business enterprises. Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Page 4 ofl9 / Revision Date June 2005 Notice to Proceed - A written notice given by OWNER to CM (with a copy to PROGRAM MANAGER) fixing the date on which the Contract Time will commence to run and on which CM shall start to perform its obligations under the Contract Documents. OWNER -Augusta, Georgia Program Manager - CH2M HIlL, Inc., responsible to ADD as the Bond Program Manager. Project - The Highland A venue Water Treatment Plant Expansion. Project Area - The area within the specified Contract Limits as defined on the Drawings and Contract Documents where the improvements contemplated herein are to be constructed in whole or in part under this Agreement. Program Management Team (PMT) - duly authorized representatives from the OWNER, the Engineer, the PROGRAM MANAGER and the CM. Resident Project Representative - The authorized representative of PROGRAM MANAGER who is assigned to the site or any part thereof. Specifications -"- Those portions of the Contract Documents consIstmg of written technical __ _ descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - An individual, firm or corporation having a direct contract with CM for the performance of a part of the Work. Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor furnishing materials, equipment or supplies to be incorporated into the Work. Amendment - A written amendment of the Contract Documents, signed by OWNER and CM on or after the Effective Date of the Agreement. 2.0 TERM This Agreement shall commence as of the effective date of this Agreement and shall continue through the earlier of execution of a contract for Construction Phase Scope of Work as describe Attachment 1 - Highland Avenue Water Treatment Plant Preconstruction Phase Scope of Work (the "Work") for the Project OR 240 DAYS FROM DATE OF EXECUTION OF THIS Agreement, whichever comes first. CM's obligations pursuant to Section 6.2 Indemnification shall survive and continue after the completion of this Agreement. PageS of19 Revision Date June 2005 3.0 SCOPE OF SERVICES 3.1 General The CM shall provide the services described in Attachment 1, which is incorporated herein by reference to this Agreement, in a competent and professional manner. The CM shall cooperate with the OWNER and Program Management Team for the final planning, design, and procurement for construction of the Project to pro,:ide for the design and construction planning within a reasonable time. The OWNER or OWNER's Representative shall direct the CM. During this preconstruction period, the CM's Project Manager will oversee the services the CM provides to ensure development of, functional and constructible project within the expected budget in accordance with the Contract Documents. 3.2 Detailed Scope of Services The CM shall perform the . services as detailed in Attachment 1 - Highland A venue Water Treatment Plant Preconstruction Phase Scope of Work (the "Work") which is incorporated herein by reference. 4.0 RELATIONSHIP OF THE PARTIES 4.1 General - The CM accepts the relationship of trust and confidence established by this Agreement and covenants with the OWNER to cooperate with the PMT through every phase of the work and utilize the CM's best skill, efforts and judgment in furthering the interests of the OWNER; to furnish efficient business administration and supervision; to use best efforts to furnish at all times. an adequate supply of staff; and to perform the work in accordance with the C<~mtract Documents and consistent with the interests of the OWNER. The CM recognizes that the OWNER has separate agreements with the ENGINEER for the design of the Project and with the Program Manager, among others, to provide certain construction administration services necessary to ensure that the construction conforms to the Drawings and Specifications The CM further recognizes that in order for the Project to be completed on time and within the GMP, the CM and the PMT need to cooperate closely on a regular basis to revise plans, drawings, specifications, materials, methods, estimates and budgets as necessary to meet the OWNER's financial, time, and operating constraints. Professional Standards The CM shall cooperate fully with all municipalities, local government officials, utility companies, and other consultants as directed by the OWNER. The OWNER and CM agree to work together with all other parties on the basis of. trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. The parties agree to cooperate in a manner consistent with good design and construction practice and will exercise the degree of skill and diligence normally Page 6 of 19 Revision Date June 2005 employed by competent professional construction management firms practicing under similar conditions. 4.2 Construction Manager (CM). A. The CM shall be an independent contractor and shall be responsible for all obligations arising from its services under this Agreement relating to federal income tax, FICA taxes and c.ontributions, and all other employer taxes and contributions, including, but not limited to, industrial insurance (Workers' Compensation). The CM agrees to indemnify, defend and hold Augusta harmless from any claims, valid or otherwise, made to Augusta, because of these obligations. B. All employees of the CM, while engaged in the performance of the Work, shall be considered employees of only the CM and not employees of Augusta. The CM shall be solely liable for any and all claims that arise under the Worker's Compensation Act on behalf of said employees and for all claims made by a third party as a consequence of any negligent act or omission on the part of the CM's employees while so engaged on any of the Work C. CM shall comply with all applicable provisions of the Fair Labor Standards Act and other legislation affecting its employees and the rules and regulations issued thereunder insofar as applicable to its employees and shall at all times save Augusta, Georgia free, clear and harmless from all actions, claims, demands and expenses 'arising out of said act, and rules and regulations in connection therewith. D. CM assumes full responsibility for the payment of all paYroll taxes, use, sales, income, or other form of taxes (such as state and, city business and occupation taxes), fees, licenses, excises or payments required by any city, federal or state legislation which are required for the performance of Work pursuant to the Agreement. 5.0 PAYMENT 5.1 General Amounts paid or sought for preconstruction services rendered under this Agreement will not be included in either the Fixed Fee or the dollar amount for Specified General Conditions Work. Pursuant to this Agreement, the CM will be paid monthly for its preconstruction services based on actual time (at the rates to be negotiated and set forth in Exhibit A to this Agreement) and expenses (without markup), up to the negotiated maximum amount of this Agreement. CM shall bear any amount that exceeds the agreed not-to-exceed amount. Payment of the Contract Price shall be full compensation for Work performed or services rendered, including, but not limited to, all labor, materials, supplies, equipment and incidentals necessary to perform CM's duties under this Agreement. Page 7 of 19 Revision Date June 2005 5.2 Reimbursement of Expenses CM may receive payment as reimbursement for Eligible Expenses actually incurred. "Eligible Expenses" means those types and amounts of expenses as are approved for reimbursement by the OWNER in writing prior to the expense being incurred. Expenses may not be reimbursed unless prior written approval was obtained from the OWNER. In its sole discretion, the OWNER may approve reimbursement of Expenses incurred prior to approval by the OWNER, but the OWNER has no obligation to do so. 5.3 Payment. The CM may submit to the OWNER a monthly invoice, in a form acceptable to the OWNER and accompanied by all support documentation requested by the OWNER, for payment for the services, which were completed during the billing period. The OWNER shall review for approval said invoices. The OWNER shall have the right to reject payment of any invoice or part thereof if not properly supported. The OWNER shall pay within 30 days from receipt each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not be considered as acceptance of Work performed or of receipt of acceptance by the OWNER of the service covered by such invoice. Each invoice shall be accompanied by a progress report describing the Work accomplished for each phase and any issues or factors, which may inhibit execution of theW ork. The CM shall also submit an accurate updated project schedule including an itemized description of the' percentage of total Work completed for each task or phase invoiced during the billing period. \' Compensation for CM services shall be invoices based on the sum of all actual costs incurred in the performance of the work, including all direct, payroll, overhead and profit cost in an amount not-to-exceed the compensation set forth in the terms of the Agreement. All invoices submitted by the CM shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task. Invoices shall be submitted to: Augusta PMT Attn.: Bob Davis, P .E. 360 Bay Street, Suite 100 Augusta, Georgia 30901 Invoices under this Agreement shall clearly display the following information (subcontractors' invoices shall also include this information) and such other information as may reasonably be required by the OWNER: INVOICE DATE and NUMBER The OWNER's Project Manager (Please do not put PM's name in the address portion of the invoice) Project No. 20100 Project title: Highland Avenue Water Treatment Plant Expansion Period covered by the invoice Employee's name and classification Page 8 of 19 Revision Date June 2005 Employee's all-inclusive hourly rate and # of hours worked Total labor costs Itemization of Eligible Expenses Subcontractors' payments (if any) Updated TasklSubtask Summary with Actual Hours and Actual Costs Overtime may be performed at the discretion of the CM, but the premium time portion of the overtime will not be billed to AUGUSTA unless the CM has received prior approval from the owner or its representative. 6.0 RISK MANAGEMENT 6.1 Insurance The CM shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will insure and indemnify OWNER, ENGINEER, and PROGRAM MANAGER against damages resulting from injuries occurring to persons or property which occur as a result of any negligent act, or omission of the CM in performance of the work during the term of this Agreement. The CM shall file with the PMT and OWNER, evidence of a policy or policies of insurance as enumerated below: 6.1.1 Commercial 'General Liability Insurance A policy of Commercial General Liability Insurance, wri.tten on an insurance industry standard occurrence form: or equivalent, including all the usual coverages known as: Premises/Operations Liability - Products/Completed Operations - Personal! Advertising Injury, to include - Contractual Liability - Stop Gap/Employers Contingent Liability - Explosion, Collapse and Underground - Fire Legal Liability - Designated Construction Projects Such policy(ies) must provide the following limits: Bodily Iniurv and Property Damage - $ 2,000,000 General Aggregate $ 2,000,000 Products & Completed Operations Aggregate $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ 500,000 Fire Damage Stop Gap/ Employers Liability- Page 9 of 19 Revision Date June 2005 $ 1,000,000 Each Accident $ 1,000,000 Disease - Policy Limit $ 1,000,000 Disease - Each Employee 6.1.2 Business Automobile Liability CM shall obtain a policy of Business Automobile Liability, including coverage for owned, non- owned, leased or hired vehicles written on an insurance industry standard form or equivalent, and as specified by Insurance Services Office Symbol 1 (any auto). If "pollutants" as defined in exclusion 11 of the commercial auto policy are to be transported, endorsement CA9948 & MCS 90 are required. Such policy(ies) must provide a limit for Bodily Injury and Property Damage of $ 1,000,000 per accident 6.1.3 Worker's Compensation As respects Workers' Compensation insurance in the State of Georgia, the CM shall secure its liability for industrial injury to its employeesi program participants & volunteers in accordance with the provisions the applicable codes of Georgia. If the CM is qualified as a self-insurer, CM shall so certify by a letter signed by a corporate officer indicating that it is a qualified self- Insured, and setting forth the limits of any policy of excess insurance covering its employees program participants or volunteers; or any similar coverage required. The CM hereby assumes all risk of damage to its property, or injury to its officers, directors, agents, CMs, or, invitees, in or about the Project from any cause, and hereby waives all claims against The OWNER except to the extent caused by OWNER's negligence or willful misconduct. 6.1.4 Valuable Papers Insurance The CM shall secure valuable papers insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. 6.1.5 Professional Liability Insurance The CM shall secure professional liability insurance in an amount of One Million ($1,000,000) Dollars... .. 6.1.6 Claims Made Form and Deductibles If any such policy (ies) above is written on a claims made form, the retroactive date shall be prior to or coincident with the effective date of this Agreement. The policy shall state that coverage is Claims made, and state the retroactive date. Claims made form coverage shall be maintained by the CM for a minimum of three years following the expiration or earlier termination of this Agreement, and the CM shall annually provide Augusta with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the CM shall purchase an extended reporting period ("tail") or execute another form of guarantee acceptable to Augusta to assure financial responsibility for liability for services performed. The cost of any claim payments falling within the deductible or self-insured retention amount shall be the responsibility of the CM. Page 10 of 19 Revision Data June 2005 6.1.7 Additional Insured And Primary Insurance Provisions Insurance provided pursuant to sections 6.1.1 and 6.1.2, shall be endorsed to include Augusta, Gannett Fleming, Inc., CH2M HIlL, Inc., and their officers, any elected officials, employees, agents and volunteers as additional insured, and shall not be reduced or canceled without thirty (30) days prior written notice to Augusta, except for ten (10) days prior written notice in the event of cancellation for nonpayment of premium. In addition, CM's insurance shall be primary but only to the extent of CM'S negligence; any other insurance maintained by Augusta, CH2M HIlL, Inc., and Gannett Fleming, Inc. shall be excess and not contributing insurance with the CM's insurance. 6.1.8 Evidence of Insurance The following documents must be provided as evidence of insurance coverage: A A copy of the policy's declarations pages, showing the Insuring Company, Named Insured, policy number, policy effective dates, limits of liability and the Schedule of Forms and Endorsements. B. A copy of the endorsement designating Augusta, CH2M HIlL, Inc., of and Gannett Fleming as an Additional Insured but only to the extent of CM'S negligence (excluding Professional Liability Insurance), showing the policy number, and signed by an authorized representative of the insurance company. C. A copy of the "Endorsements Form List" to the policy or policies showing endorsements issued on the policy, and including any company-specific or manuscript endorsements. D. A copy of an endorsement stating that the coverages provided by this policy to Augusta or any other designated insured shall not be terminated, reduced or otherwise materially changed without providing at least thirty (30) days prior written notice to Augusta. 6.1.9 Insurance Conditions The insurance certificates evidencing coverage, including endorsements and subsequent renewals shall be subject to approval by Augusta's Risk Manager as to company form and coverage. The insurance company shall be: A. Rated A- VII or higher in the A. M. Best's Key Rating Guide. B. Licensed to do business in the State of Georgia. 6.1.10 Subcontractors The CM shall obtain from each Sub-contractor, evidence of insurance meeting all the requirements of sections 6.1.1 and 6.1.2. 6.2 Responsibility for Claims and Liability. The CM shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless Augusta, CH2M HIlL, Inc., and Gannett Fleming, Inc. their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent , Page 11 of 19 Revision Date June 2005 found to be resulting from the CM, its subcontracts, or agents in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 7.0 NOTICES A. Notices to Augusta shall be sent to the following address: Augusta PMT Attn: Bob Davis, P.E. 360 Bay Street, Suite 100 Augusta, GA 30901 B. Notices to the CM shall be sent to the following address: Parsons Water & Infrastructure, Inc. Attn: Bob Randall 5390 Triangle Parkway, Suite 100 Norcross, Georgia 30092 ~ 8.0 TERMINATION .:; Augusta may terminate this Agreement at any time by sending written notice of termination to CM ("Notice"). The Notice shall specify a termination date (''Termination Date") at least ten (10) business days after the date the Notice is issued. The Notice shall be effective ("Notice Date") upon the earlier of either actual receipt by CM (whether by fax, mail, delivery or other method reasonably calculated to be received by CM in a reasonably prompt manner) or three calendar days after issuance of the Notice. Upon the Notice Date, CM shall immediately commence to end the Work in a reasonable and orderly manner. The CM shall be paid or reimbursed for: (a) all hours worked and Eligible Expenses incurred up to the Notice Date, less all payments previously made; and (b) those hours worked and Eligible Expenses incurred after the Notice Date, but prior to the Termination Date, that were reasonably necessary to terminate the Work in an orderly manner. The Notice shall be sent by the United States Mail to CM's address provided herein, postage prepaid, certified or registered mail, return receipt requested, Termination pursuant to this section does not waive, release or forego any legal remedy for any violation, breach or non-performance of any of the provision of this Agreement. Page 12 of 19 Revision Date June 2005 9.0 MISCELLANEOUS 9.1 Compliance With Law 9.1.1 General Requirement The CM, at its sole cost and expense, shall perform and comply with all applicable laws of the United States and the State of Georgia; the Charter, Municipal Code, and ordinances of Augusta; rules, regulations, orders, and directives of their administrative agencies and their officers; and any and all conditions, terms and requirements of any federal, state or other grant that wholly or partially funds CM's work hereunder, including~but not limited to the Open Records laws and the requirements for local, minority and women owned businesses. 9.1.2 Licenses and Similar Authorizations Prior to performing any work pursuant to this Agreement, the CM shall secure and maintain in full force and effect at its own expense during the term of this Agreement all required licenses, permits, and similar legal authorizations required for performance of CM'S Work, and comply with all related requirements, including, but not limited to, any State of Georgia business licenses, Department of Revenue account and/or unified business identifier number as required, and an Augusta business license. . 9.1.3 Taxes The CM shall pay, before delinquency, all taxes, levies, and assessments ansmg from its activities and undertakings under this Agreement; taxes levied on its property, equipment and improvements; and taxes on the CM's interest in this Agreement and any leasehold interest deemed to have been created. 9.1.4 Americans with Disabilities Act The CM shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this Agreement. In particular, if the CM is providing services, programs, or activities to Augusta employees or members of the public as part of this Agreement, the CM shall not deny participation or the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. 9.2 Governing Law and Venue The laws of the State of Georgia shall govern the Agreement and the rights of the parties herein. Venue shall only be appropriate for Augusta, Georgia in the Superior Court of Richmond County, Georgia. 9.3 Successors and Assigns OWNER and CM respectively bind themselves, their partners, successors, assigns, and legal representatives to the other Party hereto and to partners,. successors, assigns, and legal representatives of such other Party in respect to covenants, agreements, and obligations contained in this Agreement. Neither Party shall assign the Work without written consent of the other, Page 13 of 19 Revision Date June 2005 except that CM may assign the Work for security purposes, to a bank or lending institution authorized to do business in the State of Georgia. If either Party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations set forth in this Agreement. 9.4 Meaning of Words Unless otherwise stated in the Agreement, and Contract Documents, words which have well- known technical or construction industry meanings are used in the Agreement and Contract Documents in accordance with such recognized meanings. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall be to the latest standard specification, manual, or code in effect on the date for submission of bids, except as may be otherwise specifically stated. Wherever in the Drawings and Specifications an article, device, or piece of equipment is referred to in the singular manner, such reference shall apply to as many such articles as are shown on the drawings, or required to complete the installation. 9.5 Rights and Remedies . No action or failure to act by OWNER shall constitute a waiver of a right or duty afforded them under this Agreement, nor shall such action or failure to act constitute approval of an acquiescence in a breach therein, except as may be specifically agreed in writing. 9.6 CM Registration CM shall be registered or licensed as require,d by the laws of the State of Georgia. 9.7 Time Computations When computing any period of time, the day of the event from which the period of time begins shall not be counted. The last day is counted unless it falls on a weekend or legal holiday, in which event the period runs until the end of the next day that is not a weekend or holiday. When the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the computation. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. 9.8 Records Retention The wage, payroll, and cost records of CM, and its Subcontractors, and all records subject to audit in accordance with section 9.10, shall be retained for a period of not less than two (2) years after the date of Completion or final payment whichever first occurs. 9.9 Third-Partv Agreements, Beneficiaries This Agreement shall not be construed to create a contractual relationship, of any kind between: between any parties other than the CM and OWNER and no third party beneficiaries shall be recognized by this Agreement. Page 14 of 19 Revision Date June 2005 9.10 Audit The CM shall permit Augusta and/or any other governmental agency that is involved in the funding of the project (hereinafter referred to as "Agency"), including up to two (2) years after the final payment has been made under this Agreement, to inspect and audit at any and all reasonable times in Richmond County, Georgia, or at such other reasonable location as the. Agency selects, all pertinent books and records of the CM and any subcontractors or other person or entity that has performed work in connection with or related to the CM's services under this Agreement to verify, among other things, that the compensation or other consideration provided tothe CM has been appropriate, and that the contracted-for services were actually provided; and shall supply Augusta with, or shall permit the Agency to make, a copy of any directly pertinent books and records and any portion thereof, upon the Agency's request. However audit rights shall not extend to lump sums, unit rates or costs expressed. as a percentage of other costs The CM shall ensure that such inspection, audit and copying right of the Agency is a condition of any subcontract, agreement or other arrangement under which any other person or entity is permitted to perform work in connection with or related to the CM's services under this Agreement. 9.11 No Agency Created The CM is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of Augusta or to bind Augusta in any manner or thing whatsoever. 9.12 Assignment and Subcontracting CM shall not sublet or assign any of the Work without the express, prior written consent of Augusta. The CM shall be responsible for ensuring that all subcontractors comply with the .~.. obligations and requirements of this Agreement. 9.13 Amendments No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the Parties. The Parties expressly reserve the right to modify this Agreement, from time to time, by mutual agreement. 9.14 Executory Agreement This Agreement shall not be valid until signed by both Parties. 9.15 Remedies Cumulative Rights under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not be taken to exclude or waive the right to use another. 9.16 Captions The titles of sections are for convenience only and do not define or limit the contents. Page IS of 19 Revision Date June 2005 9.17 Invalidity of Particular Provisions A judicial determination that any term, provision, condition, or other portion of this Agreement, or its application, is inoperative, invalid, or unenforceable shall not affect the remaining terms, provisions, conditions, or other portions of this Agreement, nor shall such a determination affect the application of such term, provision, condition, or portion to persons or in circumstances other than those directly involved in the determination in which it is held to be inoperative, invalid, or unenforceable, and as to such other persons orin such other circumstances it shall continue in full force and effect. 9.18 No Waiver No waiver of full performance by either party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this Agreement. The payment of compensation to the CM shall not be deemed a waiver of any right or the acceptance of defective performance. 9.19 Intellectual Property Reports, drawings, plans, specifications and any other intangible property created in furtherance of the Work are property of Augusta for all purposes, whether the project for which they are made is executed or not, and may be used by Augusta for any' purpose, provided however that any use other than for the Project shall be at Augusta's sole discretion and liability. Unless otherwise expressly agreed in writing, all intellectual property rights in such documents or intangible property created pursuant to this Agreement belong to Augusta. CM retains any intellectual property rights in documents and intangible property created by CM prior to the Effective Date or not created by CM for performance of this Agreement. 9.20 Integration This Agreement represents the entire and integrated agreement between the Parties and supersedes prior negotiations, representation or agreements, either written or oral. The Parties recognizes that this Agreement is intended to be integrated with the final GC/CM construction contract that will be executed at the completion of GMP negotiations. 9.21 Conflict of Interest ~ The CM agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CM further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 9.22 Interest of Public Officials No member, officer, or employee of the OWNER during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Page 16 of 19 Revision Date June 2005 9.23 Emplovment of Owner's Personnel The CM shall n,ot employ any person or persons in the employ of the OWNER for any work required by the terms of the Agreement, without the written permission of the OWNER except as may otherwise be provided for herein. 9.24 Employment The CM warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CM, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CM, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Contract Price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9.25 Equal Employment Opportunity During the performance of this Agreement, the CM agrees as follows: (1) the CM will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CM will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CMwill cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts Dr subcontracts for standard commercial supplies of raw materials. 9.26 Drug Free Workplace CM shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, "workplace" is defined as Augusta owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CM shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CM may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 9.27 Anti -Kickback Clause Salaries of employees performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CM hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. Page 17 of 19 Revision Date June 2005 9.28 Verbal Agreement or Conversation No verbal agreement or conversation with any officer, agent, or employee of Augusta, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CM to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in 9.13 above. 9.29 Personnel The CM represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, Augusta. All of the services required hereunder will be performed by the CM under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. . All key professional personnel, including subcontractors, engaged in performing services for the CM under this agreement are indicated in personnel listing attached hereto 'as Attachment:XX- Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the CM'S Key Personnel without the prior written approval of Augusta or its designee, which approval shall not be unreasonably withheld. The CM shall employ only persons duly registered in the appropriate category in responsible charge of supervision and construction of the work. The CM shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category of Professional Engineering, being in the full. employ of the CM and responsible for the work prescribed by this Agreement. Page 18 of 19 Revision Date June 2005 IN WITNESS WHEREOF, Augusta and CM have executed this Agreement as of the date first above written. 2ft" :,J Date: ATTEST: tli4Jfl'tht/J/4/ Lena J. Bonner, Clerk of Commission Date: tephen E. Shepard, County Attorney Date: eM: Please fill in the spaces and sign in the box appropriate for your business entity. Corporation Parsons Water & Infrastructure Inc., a Delaware Corporation By m~~.~_ TypedJPrintedName: Marvin D. Williams Its Date: 0 6 /1 7/0 5 Page 19 of 19 Attachment 1 Preconstruction Phase Services Scope of Work: General: This Scope of Work includes preconstruction phase services (phase I) and development of contracts and subcontracts in support of the establishing of the GMP for the project and commencing construction activities. The following presents a general description of the tasks to be performed for the Preconstruction Phase of the project. It is understood that these tasks and subtasks may not require the same level of effort as initially estimated herein, and some may require more or less effort than initially estimated herein. Therefore, it is not intended that the Construction Manager (CM) is limited to the estimate of hours for a single task or subtask. Hours may be adjusted depending on the level of effort required for the individual Tasks and subtasks. However, the total cost will not exceed the "Not to Exceed" Amount for preconstruction services as described in the Agreement. Construction Phase Services (phase II) will be further developed and defined in an Amendment to the Agreement to be developed during Phase I. A Contract amendment will be submitted and approved for the commencement of Phase II. Task 1 Project Management: Task 1.1 - Project Management Supervision: Parsons shall designate a Construction Manager for this project. Construction Management responsibilities include preliminary investigations, the preparation of fee proposal and schedule, negotiation of fee, monitoring of labor utilization, maintenance of schedule and budget, assignment and supervision of staff and all its subcontractors, value engineering, constructability review, preparation of construction cost estimates, regulatory meetings, quality control, bidding and construction of the project, and coordination with the Augusta Utility Department's (ADD) Program Management Team (PMT) in a timely and professional manner (including submittal of monthly project progress meeting minutes and other deliverables). The CM shall be fully responsible for the performance of the team, including subcontractors, for this Work. Task 1.2 - Project Management and QAlQC Plans: The project QA/QC Manager shall prepare a Project Quality Management plan. The Quality Plan will include quality assurance and control requirements. The project QA/QC Manager shall be charged the responsibility of the Plan's implementation and documentation of current QA/QC activities. An update on all QA/QC activities shall be 1 PARSONS reported in Monthly Status Reports. All work performed by the CM Team shall be in accordance with the QNQC Plan. The project CM shall prepare a Project Management Plan (PMP) for the project. The PMP will address project implementation approach, staffing, organization, project record keeping, document control, quality control, and quality assurance responsibilities. The PMP establishes responsibilities and authorities, administrative procedures and policies, and lines of communication throughout the project. The PMP will be coordinated with the PMT's procedures to prepare a condensed, project-specific plan. The PMP will include information on or will reference sub-plans for other related items such as the Quality Plan, LIMIWBE (Local, Minority Owned and Women Owned Business) Management plan, Procurement Plan, Document control Plan, Safety Plans and other required items. The UM/WBE compliance plan will provide a method for recording and tracking LIMIWBE participation on the project including amounts contracted, earned and paid, as well as the number and distribution of LlMlWBE firms participating. The PMP will be cross-referenced with the specifications of the contract documents to ensure that no conflicts exist. Deliverable: The CM shall develop and deliver to the PMT appropriate copies of a Project Management Plan, Quality Plan, and Project Manual. Task 1.3 - Project Accounting and Controls: Parsons shall maintain on regular basis project costs and document control system for project cost accounting, tracking, and reporting. These procedures will be established consistent with PMT fiscal requirements. In particular, thorough documentation including progress payments and Contract Amendments will be compiled to enable the ADD to successfully pass audit by any agency. Parsons and PMT staff shall work together to review cost and control methods and assess current practices, and shall use that information to customize cost-tracking elements of the project control system. Parsons shall use a CPM schedule system that is linked to and supports the schedule of values pay items, in support of payment applications. Through its link to the master schedule, the cost accounting system can forecast cost at completion and cost remaining at any point in the project. Deliverable: Parsons shall develop and maintain a Records Tracking System and provide monthly billings for services performed to the OWNER. Parsons will provide Monthly Status reports from authorization to proceed through the time of submittal of the GMP, which is expected on or about November 1,2005. Task 1.4 - Project Information Website Parsons shall develop a public information web site regarding this project by July 31, 2005 and timely update said site. This site will be made available to the general public and will display information regarding the project such as contact telephone information 2 PARSONS for emergencies, general schedule information, progress updates, notices of traffic and road closures, and other information that may be of general interest. Deliverable: Parsons shall develop a Project Website with a responsibility and contact matrix. This Web site will be updated monthly through November 1,2005. Task 1.5 - Project Administration Website/Portal Parsons shall develop, operate and maintain a Contract Administration centralized software applications portal. This will allow team members access to Primavera Expedition which is deployed thru Parsons' PWORKS. This shall be utilized for the duration of the project. The portal will be accessible utilizing the internet, with varying levels of security to all team members and authorized parties. General information will be available to all project personnel. Financial data and status on more sensitive issues will be restricted to senior management and key PMT staff. Deliverable: Parsons shall provide access to web-base Primavera Expedition for up to seven (7) outside users. Parsons will set up and conduct one (1) orientation half day seminar for outside users. The Website will be updated monthly through November 1, 2005. Task 2: Project Meetings Task 2.1 - Conduct Kick-Off Meeting: The CM shall schedule, prepare for and attend a Project kickoff meeting with PMT staff. The CM and key members of the Project team shall attend the meeting. Deliverable: Parsons shall create a Meeting Summary documenting discussions and agreed to direction and distribute the summary to the PMT. Task 2.2 - Monthly Progress Meetings Parsons shall conduct monthly progress meetings with the PMT's staff throughout the pre-construction phase. The CM shall update PMT staff on work in progress, inform the PMT of problems or delays as they are encountered, and receive input from PMT staff on a continuing basis throughout the course of work on the Project. The CM and key members of the Project team, as appropriate for the work to be discussed, shall attend the progress review meetings. At each monthly meeting, the CM shall provide the PMT with a Monthly Project Status Report. This Report shall include, but not necessarily be limited to, the following: . Activities accomplished in the previous months . Problems and present concerns encountered in the Project 3 PARSONS . Planned actions for the next month . Updated Project schedule. The CM shall prepare and submit a meeting summary for each progress review meeting to the PMT within five (5) business days of the meeting. A total of up to seven (7) meetings have been budgeted. Deliverable: For each monthly meeting, Parsons shall create and distribute to the PMT a Meeting Summary documenting discussions and agreed to direction. Task 3 Document ReviewNE Proposals Task 3.1 - Initial Review Construction Manager shall review and comment upon the Construction Documents that have been developed by the ENGINEER. The scope of that review shall include reviewing those various documents for constructability. Construction Manager acknowledges that at the time the Guaranteed Maximum Price (GMP) is established, Construction Manager shall have fully reviewed ADD record documents. Document Review will include review of the available contract documents (plan & specifications) for constructability and bid-ability. Any discrepancies shall be annotated and immediately communicated to the PMT and the ENGINEER. The review shall identify items in the contract documents that may be difficult to construct, and find ambiguities or contradictions in the documents that might generate requests for clarification or lead to change orders. Construction Manager shall also identify additional value-added and cost-saving opportunities to save cost and time. The Construction Manager shall also focus on the construction sequencing for keeping the plant in full operation and regulatory compliance. The Construction Manager shall call to the PMT's and the ENGINEER's attention any apparent defects in the design, drawings and specifications or other documents. Within 30 calendar days of signing this Agreement, the Construction Manager shall complete a constructability review. Deliverable: Parsons shall provide a report with the findings and recommendations following the initial review. This report will be distributed to the PMT. Task 3.2 - Value Engineering The CM shall provide an independent team of discipline engineering experts and cost estimator(s) to evaluate previous design and VE considerations and to recommend potential methods or materials to reduce cost and risk without adverse impact to function, operation or safety. A VE team would consist of a team leader and experts in the areas of civil/site work, structural, process/mechanical, electrical/instrumentation, and cost 4 PARSONS estimating disciplines. The Construction Manager shall facilitate a workshop following the guidelines of the EP A VE Criteria. Deliverables: Parsons shall complete the following associated with this task: . Prepare for and facilitate the VE workshop, . Make a presentation of the results and recommendations at the conclusion of the workshop . Prepare and submit a final VE report to the PMT with recommendations and computations Task 3.3 - Coordination of Redesign and Final Review of Plans The Construction Manager shall critique the existing design relative to constructability, cost and schedule. During the remaining 10% of design effort; the Construction Manager's suggestions will be reviewed for inclusion into the final design. The Construction Manager shall coordinate with the ENGINEER for the completion of the final design drawings. The Construction Manager shall complete a final review of all plans and specifications as a quality assurance check for all changes. Deliverable: Parsons will provide the services and level of effort indicated in the task description to coordinate the review. Task 4 Cost Estimating and Validation Task 4.1 - Initial Cost Estimate The Construction Manager shall prepare a detailed-level opinion of probable construction cost for the Project consistent with best industry standards. The methodology and fonpat for presentation of the opinion of probable cost shall be as agreed upon and approved by the PMT costs shall be broken down into quantity takeoffs, unit costs, and all mark-ups applied. The Construction Manager shall review unit costs of previous estimates by the PMT and/or the ENGINEER, and shall take into consideration factors such as local construction market factors, and other information such as quotes from ADD's consultants and other suppliers. An appropriate contingency, developed in consultation with the PMT, shall be applied. Deliverable: Parsons shall develop an Initial Cost Estimate with takeoff quantities, unit pricing, and initial subcontract pricing. Parsons shall distribute copies of the estimate to the PMT for review and comment. Task 4.2 - Revised Cost Estimate Following completion of the VE Study and in consideration of the approved revisions to the work for the Project, the CM shall revise the cost estimate to include the revisions as agreed to by the PMT. A revised estimate will be provided to the PMT. 5 PARSONS Deliverable: Parsons shall develop an Updated Cost Estimate with takeoff quantities, unit pricing, and refined subcontract pricing. Parsons shall distribute copies of the updated estimate to the PMT for review and comment. Task 4.3 - Final Cost Estimate Following completion of the design revisions and completion ofthe final design drawings the CM shall update and complete the final estimate for the work. This estimate will be used as the baseline for comparison of a bids submitted for work packages in support of the GMP. Deliverable: Parsons shall develop a Final Cost Estimate with takeoff quantities, unit pricing, and refined subcontract pricing. Parsons shall distribute copies of the updated estimate to the PMT for review and comment. Task 5 Master Schedule Development The construction schedule must reflect and fully support the process considerations. This project schedule will be dictated by operational considerations. Detailed construction sequencing must be understood and integrated into the construction planning. The Construction Manager shall prepare and manage a schedule of values for each trade contractor and ensure that it is reasonable for the work involved such that the PMT will have accurate cash flow forecasts and the Construction Manager will have regular progress payments to meet expenses. The Schedule will be cost loaded by the Construction Manager to aid in Cash flow projections. Cost information shall be updated as information becomes available as part ofthe development of the GMP. The Construction Manager shall prepare a Project schedule for presentation to the PMT. The schedule shall be prepared using Primavera Project Schedule (p3e/c), and shall be updated monthly as part of the Monthly Project Status Report. The Schedule shall include all major tasks as well as major milestones for the remainder of Project design and construction. The Schedule shall: . Be developed using P3e/c in a format agreed upon by the PMT; . Followthe WBS developed by the CM and reviewed by the PMT; . Be fully linked in order to provide the critical path; . Include in detail all efforts required by the CM to prepare the GMP including review times and major milestones; . Be maintained current; . Be base-lined at the establishment of the GMP and progress shall be compared to that baseline. 6 PARSONS As the work progresses in Phase II the Construction Manager shall provide more details to all of the phases of the Project Schedule. The Schedule shall include sufficient detail of the final design and construction phases and identify and include all significant efforts that are required to complete the Project on time as defined by the baseline schedule. The CM shall provide an electronic P3e/c file of the current schedule status with the Monthly Status Reports. The CM shall keep the Project Schedule current and update it weekly. Deliverables: Parsons shall provide the following items related to this task: . Develop a critical path schedule for the Project in P3e/c that is all inclusive of the Project from notice to proceed to completion of construction. . Provide Monthly Critical Path Schedule Electronic Files Provide monthly updated and status of critical path schedule files In P3. Continually update schedule and status a minimum weekly. . Provide Critical Path Schedule logic Diagrams and Distribute to the PMT for reVIew. . Provide a comprehensive and detailed critical path schedule based on all of the information obtained during the process of developing the GMP. Task 6 Partnering The Construction Manager shall prepare the partnering concept and conduct partnering workshops with the selected trade contractors and the PMT. Services of an outside expert facilitator will be used to develop partnering principles and approach. The Phase I scope includes an allowance that will cover the preparation and facilitating of the initial Partnering meeting. Upon establishing the GMP, an amendment will be submitted for consideration of up to eight partnering sessions over the remaining project duration. Deliverable: Parsons shall provide the services of a professional Partnering Facilitator and one Partnering session over the duration of Phase I ofthe project. Task 7 Bidders Interest and Market Stimulation The Construction Manager, with input from the PMT, shall prepare a list of all potential bidders for the project work. This task also includes the prequalification of bidders for various Trade Subcontracts. The CM will concentrate on participation of UW /MBE businesses and firms able to perform the work. The Construction Manager will implement a bidder's interest campaign to stimulate market interest in the project and conduct conferences and workshops with qualified contractors. 7 PARSONS Bidders will be appropriately advised that this is an operating facility and that process flow cannot be interrupted at any time. Further, as with any existing facility renovation such as this, subsurface conflicts are expected to be encountered. Each bidder will be required to ascertain the nature and character of the project conditions, and to work around conflicts by planning ahead of construction activity. Close scrutiny will be given to the financial strength, experience, proposed staffing and litigation history. As detailed in the L/M/WBE Plan the Construction Manager shall attract, solicit, develop, and track the success of L/M/WBE firms interested in the Project. Parsons' outreach efforts to promote participation by local, women owned and minority owned businesses for subcontracting on the project shall include the following: . Contacts with Augusta's DBE officer and Augusta Chamber of Commerce including up to 3 meetings. . Guide and encourage major subcontractors on the projects to include a target goal of35% L/M/WBE content within the execution oftheir scope of work. . Outreach to the minority business community in coordination with PMT. This includes soliciting L/M/WBE enterprises identified by PMT, DOT, the City of Augusta and other certifying agencies. . Host a local business procurement conference specific to the opportunities to bid on this job. . Notify listed LlMlWBEs of upcoming opportunities to bid on subcontracts through various media including working with minority trade, minority and majority newspapers, and LlMlWBE organizations. . Post bidding documents at local and regional plan offices and trade organizations. Deiiverable: Parsons shall create a Meeting Summary summarizing the discussions from 3 meetings with Augusta's DBE officer and/or Chamber, list of minority firms contacted, procurement conference / event, and copies of posted bid documents. These meeting summaries shall be distributed to the PMT for review. Task 8 Permitting The CM shall provide technical support and documentation required for the PMT to complete the regulatory permit applications for the Project. The PMT and the ENGINEER shall obtain the regulatory permits. The Construction Manager shall attend up to five (5) meetings with PMT staff and other regulatory agencies at the federal, state and local levels as necessary and as requested by the PMT. All building permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Manager during the construction phase of the project unless specified otherwise. Costs for Permit fees will be included in the costs of the GMP and memorialized in an amendment to the Contract. If Construction Manager performs any Work without obtaining, or contrary to, such permits or licenses, Construction Manag~rshall bear all costs arising there from. Construction Manager shall 8 PARSONS pay all governmental charges and inspection fees necessary for the prosecution of the Work. Deliverable: Parsons shall procure building permits, attend up to 5 meetings, and provide up to 150 hours of technical support for permit applications. Task 9 Preparation of Contract and Subcontract Documents General: The Construction Manager shall prepare an initial procurement plan including prequalification requirements and subcontracting strategy for review and acceptance by the PMT. This initial strategy, including its basis and assumptions, will be reviewed and revised as appropriate to formulate a final subcontracting strategy. The procurement requirements and procedures consistent with the final subcontracting strategy will be incorporated to develop a project procurement plan. Task 9.1- Prepare Contract Documents The Construction Manager shall prepare contract documents for the Construction Management Agreement (CMA) to be used as the form of agreement for the execution of the Project work. The CMA will be submitted to and approved by the PMT prior to the establishing of the GMP and commencement of the construction phase of the work. Deliverable: Parsons will develop and distribute to the PMT as required, a Final Construction Management Agreement. Task 9.2 - Bid Packages The Construction Manager shall develop the bid packages by work scopes as identified in the fmal subcontracting strategy. The bidders will be selected from the pool of qualified bidders identified through a pre-qualification process. The bidding procedures will be detailed in a Procurement Plan. Some of the considerations for the bidding process will include the following: . Develop the bidding process and schedule for each procurement. . Standardize items that may occur in several places within a work scope or across the work scopes (including bid specifications, general requirements, etc) . Use of internet for cost and time savings during procurement . Insure total scope coverage without redundancy Deliverable: Parsons shall develop biddable subcontract packages for all elements of the work. 9 PARSONS Task 9.3 - Coordination with and Preparation of Owner Procurements Parsons shall prepare procurement packages, and provide procurement support to the Augusta Procurement Department, and shall receive and store material for up to eleven (11) Owner Procurements. Work efforts shall include review of AUD and ENGINEER's documents and specifications, preparation of bid packages, assistance with bidding, review and vetting of tenders. The Construction Manager shall include in its procurement plan a detailed strategy to be coordinated with Augusta's procurement procedures to provide a unified strategy for pre-purchased material. Procurements and material deliveries shall be coordinated with the Master Schedule to minimize on site storage requirements. Deliverable: Parsons shall develop up to eleven (11) procurement packages and provide procurement support. Task 10 Prebid Conferences The Construction Manager shall arrange for and conduct up to three pre-bid conferences with prospective bidders; using a standardized agenda, supplemented with project specific items that address project administration claims avoidance, damages for delay, existing site conditions, plant operational constraints, and other issues to ensure comprehensive and responsive bids. Deliverable: Parsons shall prepare Meeting Summaries documenting discussions and responses to bidder's inquiries at the conferences and distribute these summaries to the PMT. Task 11 Bidding Services and Evaluations The Construction Manager shall administer the bid and award process. Any inquiries will be appropriately addressed and tracked to ensure all are responded to. . The evaluation and award of bids to contractors/service provides may include the following: . Price/Cost Analysis: A comparative bid analysis will be developed by comparing major price or cost elements among the bidders. The evaluator may also highlight any of the price or cost items that may be irregular or inappropriate based on cost analysis or comparison with similar items or historical experience. The result of the evaluation should be a determination of the best value price offer, the competitive range, and whether or not there is a need for discussion with one or more offerors in the competitive range. The evaluation will also include potential price impact on known quantity uncertainties. . Technical Evaluation: The technical evaluation will focus on each bidder's technical competency to perform the work and establishing the technical distinctions between the proposals, if any, based on the 10 PARSONS presentation in the offer. This will include safety, quality, schedule, experience, innovations, resources, etc. . DiscussionslNegotiations: Discussions and/or negotiations may be required to clarify price, scope, approach, schedule, etc. . Best & Final Offers (BAFOs) and Rebids: BAFOs and rebids maybe required ifin the interest of the project, such as rescoping to meet the budget. Discussions/negotiations may be used in place ofBAFOs/rebids. Deliverable: Parsons shall develop a Bid Evaluation Report and recommendations for award. Parsons shall distribute the report to the PMT for review. Task 12 Develop GMP and Finalize CMA Within 14 days of completion of the bidding and negotiating process for all the work packages, the Construction Manager shall prepare a summary of project costs including all direct and indirect costs for the Construction Manager during the Construction Phase and shall submit to the PMT the GMP along with all supporting forms as included in the Amendment No.1 to the Agreement for PMT's review and approval. 12.1 BASIS OF GUARANTEED MAXIMUM PRICE The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include: 1. A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the Contract, which were used in preparation of the Guaranteed Maximum Price proposal. 2. A list of allowances and a statement of their basis. 3. A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal to supplement the information contained in the Drawings and Specifications. 4. The proposed Guaranteed Maximum Price, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the fee that comprise the Guaranteed Maximum Price. 5. The Date of Substantial Completion: upon which the proposed Guaranteed Maximum Price is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 12.2 The Construction Manager shall meet with the Owner and PMT to review the Guaranteed Maximum Price proposal and the written statement of its basis. In the event that the Owner or PMT discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis or both. 11 PARSONS 12.3 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing on or before the date specified in the proposal for such acceptance, and so notifies the Construction Manager, in writing, the Guaranteed Maximum Price proposal shall not be effective without written acceptance by the Construction Manager. 12.4 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, the Construction Manager shall not incur any cost to be reimbursed as part of the cost of the work, except as the Owner may specifically authorize in writing. 12.5 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price and its basis shall be set forth in Amendment No. 1 to this Agreement. The Guaranteed Maximum Price shall be subject to additions and deductions by changes to the work as provided in the Contract Documents; the date of Substantial Completion shall likewise be subject to adjustment in accordance with the Contract Documents. 12.6 The Owner shall authorize and cause the Engineer to revise the Drawings and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in Amendment No. 1. Such revised Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Engineer and Construction Manager. The Construction Manager shall promptly notify the PMT and Owner' if such revised Drawings and Specifications are inconsistent with the agreed upon assumptions and clarifications. 12.7 The Guaranteed Maximum Price shall include In the Cost of the work only those taxes which are enacted at the time the Guaranteed Maximum Price is established. Deliverable: Parsons shall develop a Final GMP and a signed CMA in order to commence the Construction Phase of the work. 12 PARSONS c.. III '" ~ .~ 1-"'''' WEen C)",,,, C>1Il =><.. lll'Cii: t;~5 w..c: .- ~ .2'1> OJ:2 0::.... c....1Il III C :s 0 Cll.l :s '" <It - . ~ ~ .. <Xl 1l ,g ~ C M 18 is t ::; ,. .. _ .ci . . ~ ~ B ~ J!! ~ ~~.-. 5 ~~~ ::; 8, -'g l!! <Xl ::. 0 j ;; ;2 ~ o :J: '" ~ . o :J: '" ~ . ~~ .cO u- II) ~~ ~~ o ~ "i~~ ~~:! c .E ~ ~ W~ M . ~ s:E"-- u E '" E '" e ~ .. It) o o ~ o ~ co "'. M 0 ~z ,..1t)t<1N"'" ~~~;1;~ :i ;- ~~ ~ ~ ........... 00000 150000 0000 :f&i~&ii o ~ ~ o o o ~ ~~a~m coO~U')lt) t5!~a~ of:fi:?at;~ ....MN ..... o o ~ o ~ OONO -~ '" 0..,.C\l0 ~'" '" O~~ -"'''' aOOIt)N ""''<tit) .... ~<<)~C\lC\l c ~ a: (j ~ a-g c.. ~igG)~ g.~8~~ ~ i f~ ~ g ~~~.5,g~ ~CJ~5g'~ ~~r~~j :[0 g [~i~ ...e~eee o..Q.ll.Q.c..c.. ~:::~~~~ "'.. ~~ ~~ ..0 ...'" "'''' ~~ o '" ~~ 0> C . ~ M M ~~e . . ~!~ Glo-5 2'~ 5 .."'::;; 0_'" NNC\i O~ ~~ ~~ gg :i~ O~ ~~ ~~ g~ ~fj 00> "'~ ~'" ~t:{ .. 0>'" '" ~~ ~ ~ ~o -'" ~o -.. ~~ c ~ a: o ~ ., &. ~ ~ ~ u: ~ ~ .. :;. i c>>i ~ t~ ~~~5 lii'~ ~1il EO::: W.5 i3:ii!~-g 8'E~8 O.....NC"':! MMt')C") "'...~ "'0>0 ......... oi.nt'i' U~U 000 000 00'" ..;,,;,,: ~~~ "'0\ ill :!...o ~a~ .."'~ "'..... -"'- 000 ~~... o '" o '" o ~ ..00 ~~'" oo~ "'... c ~ :E ;; . ~j!!~Cl) ~&;nl ~~8~ 8l8~8 ~~-~ ~ Oc:~it O.....NM ~~..j-...t ....~ 0>"'_ ~...O> ~a! 888 g COil') It) ~ti;;. &f 0> .... '" ~ 0> ~ ~ ~re~ "'...~ ~~t :g~~ "''''- ~~..... ~ ~.... '" ~g~ oo~ ~VC\l ~.. '" ..o~ ...~'" o .. 000 ...-- ~V..,. .. ~ ~ ! .. 3' of ~ g g ~ :t ... '" ::! o 0> '" o ~ ~ '" ... o .. IE ~ ~ o ~ C . ~ ti II) . M :!! o .; o o o :;i o ~ .... .... '" ~ :e ~ ~ 0> C ~ 1i .. o .. ~ ~ ~ a 15 o 1i o o ~ o o '" ~ o 15 ~ '" .. o ~ ~ a ~ ~ o 0 ~ '" o '" o .. o '" ~ o '" o ~ o ~ ~ ~ c ~ ~ u; ~ ::; ~ I j iii E . E il o i ! 8 ~ .g .Q :E l ti~ ~ i~ ii On-nfi '0 ~ ~'i ~ 88~~ E l! e ~.f: ~ ~~~i Q.. a..a..c..o o '" o ,; O.....NM Diaiaio) "'...~ ~..o >-"'... cieO~ ~~~ gg~ ;;gg o IE zi "'...'" "'''0 "'~O> i;t,,: ~~;)I; ~~~ g~v (:!j 000 "''''''' 000 ....'" 00 ~.. "'00 ~"'... ~'" "'- 000 "'..... ~~co ~ ~ M C ~ ~ ~ .. <0 m o '" a ~ g g o ~ ;i <0 .. a ~ ~ ~ o ... " ~ !;;' il " i a " 'C :a e .. o :;i .. I;l a g ~ o o o ;i 0> <0 '" ~ .. '" '" ~ ~ g: '" o 0 .. ... .. ~ o <0 o '" o '" o ~ o '" .. ~ ~ '" '" M C i ~ w .. il ~ '" go '5 'C iii " ,. u 11 ~ u: .. .. ::; '" a. o 1 C o :':! g '" ~ '" ~ o o o .; ,,; >- <5 .... ~<O ~~ ~an 0>- "'.. "'.... ~ O~ <0 ~ ~ o ~.... ...."l. 0'" O~ 0> ::f "'''' "'''' "'~ r:! il ~ .. . ~ ~ j 11 11 ~ ~ o :J: !~ '0 "''' c .1J ~ 'C . , . ~ . .c (5 ~ c " ~ (5 z AUGUSTA-RICHMOND COUNTY, GEORGIA PURCHASE ORDER ROOM 605, PURCHASING DEPARTMENT CITY-COUNCIL MUNICIPAL BUILDING (11) AUGUSTA, GEORGIA 30911-3999 Page 1 of 1 PURCHASE ORDER NO. P108200 DATE 06/20/05 DEPARTMENT 43410 UTILITIES ADMIN. REQUISITION/QUOTE NO. R108021 VENDOR # 16527 VENDOR PHONE # (SOD) 622-0694 . -. . 'I" :: -- . -. . ".j ... c- -, "::i.~' I. ''1' ., . <:x VENDOR PARSONS WATER & INFRASTRUCTURE C/O JPMC LOCKBOX PROCESSING (#53301 140 AVIATION BLVD. ATLANTA, GA 30354 ATTN: 46133 BID NUMBER: 05-067 CONTRACT #: BUYER: DOREEN SHIP TO: AUG UTILITIES ADMIN 2760 PEACH ORCHARD ROAD AUGUSTA, GA 30906 BILL TO: AUGUSTA-RICHMOND COUNTY, GEORGIA ROOM 105, ACCOUNTING DEPARTMENT CITY-COUNCIL MUNICIPAL BUILDING (11) AUGUSTA, GEORGIA 30911-3999 ALL INVOICES AND CORRESPONDENCE MUST BE SENT TO ABOVE ADDRESS REGARDLESS OF SHIPPING DESTINATION. . ~~7--:""'~:;--:-'~-"e, 0001 877,17 EA PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE HIGHLAND AVENUE WATER TREATMENT PLANT IMPROVEMENTS, APPROVED BY AUGUSTA CO~SSION,06/07/05,ITEM #35. 509-04-3410/54-25110 SO (::20/00 CONDITIONS - READ CAREFULLY 1. The purchaser is exempt by statue from payment of Federaf. Sblte. and MJnidpal sales. excise and other taxes. 2. Shipping charges prepaid by wndor. 3. Payment win be made on complete shipments only. unless otherwise requested. 4. DELIVERY TICKET MUST ACCOMPANY GOODS. S. No back orders. We wiB reorder if available. 6. Please make deliverle'5 between 9 A.M. and 4 PM. 7. All good5 received with l5Ub5equen( pri\o1lege to inspect and return at Vendor's expense if defectiw or not In w,"pliance with our spedftC8tions. 8. Indoor delivery if necessa~ 9. Payment Net 30 or according 10 contrad. NET TOTAL............. 877,174.0 APPROVED FOR ISSUE 4Af~" , __ REQUlSlTIONER _, ,00_. _ . PURCHASING AGENT SIGNATURE PRbDUCER Aon Risk Services, Inc of So CA Insurance Service 707 wilshire Boulevard Suite 6000 LOS Angeles CA 90017-0460 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY' AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE. 866 283-7123 FAX- 877 528-1656 INSURERS AFFORDING COVERAGE NAIC # INSURED parsons Water and Infrastructure Inc. 100 West walnut Street pasadena CA 91124 USA INSURER A: National union Fi re Ins Co of pittsburgh 19445 INSURERB: American Home Assurance Co. 19380 .. ., 5 .... = <Ii '0 .... .. ., '0 Q = INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' LTR INS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIV POLICY EXPIRA nON DATE(MM\DDlYY) DATE(MMlDDlYY) 01/01/05 01/01/06 LIMITS A ~_~IT GL7039509 X COMMERCIAL GENERAL LIABILITY PWI X CLAIMS MADE 0 OCCUR X professional Liability GEN'L AGGREGATE LIMIT APPLIES PER: ~ POLICY D PRO- D LOC mCT A AUTOMOBILE LIABILITY CA8261946 X ANY AUTO AOL A CA8261947 X ALL OWNED AUTOS TX A X SCHEDULED AUTOS CA8261948 MA X IllRED AUTOS X NON OWNED AUTOS DAMAGE TO RENTED PREMISES (Ea occurence) MED EXP Anyone person) $1,500,000 Included Inc u e Included <D 0 .-l $3,000,000 '<t <D en Included ...... .-I 0 0 ...... VI $1,000,000 0 Z ., .... " '" l;: :.: .. ., U EACH OCCURRENCE PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 01/01/05 01/01/05 01/01/05 01/01/06 01/01/06 01/01/06 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per penon) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY El ANY AUTO EXCESS /UMBRELLA LIABILITY D OCCUR D CLAIMS MADE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG EACH OCCURRENCE AGGREGATE BDEDUCTIBLE RETENTION B WC ~~~~?~~~~~ONAND AOS WC7169964 ANY. PROPRIETOR I PARTNER I EXECUTIVE CA OFFICERlMEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below 01/01/05 01/01/06 B E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT $1,000,000 = $1,000,000 == $1, 000 ,000 iii1i ii ~ ~ ~ under the ~ above are ..."" ~ ~ ~ r; ~ - OTHER DESCRIPTION OF OPERATIONSlLOCATIONSNEffiCLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re:. PWI Job No. 905187.5000, construction Management. Policy retroactive date: 06/18/1986. XCU included general liability policy. See attached additional insured, primary insurance, contractual liability and cancellation notice clauses and additional insured endorsement CG 20 10. All insurance companies listed Augusta PMT . Attn: Bob Davis, PE 360 Bay Street, Suite Augusta GA 30901 USA 100 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING. INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE IIN 2JSflticl4.11e. ~S. ~ 1~Sf1tic14 Attachment to ACORD Certificate for Parsons water. and Infrastructure Inc. . The. terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INSURED Parsons Water and Infrastructure Inc. 100 west walnut Street pasadena CA 91124 USA INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. ADD'L POLICY NUMBER POLICY POLICY INSR EFFECTIVE EXPIRATION INSRD TYPE OF INSURANCE POLICY DESCRIPTION LIMITS LTR DATE DATE DESCRIPTION OF OPERATIONSlLOCA TIONSNEillCLESJEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS rated A++ by AM Best. Certificate No : 570013964106 .. ( INSURED Parsons Water and Infrastructure Inc. 100 West walnut Street pasadena CA 91124 USA SPECIAL CLAUSES Additional Insured: Except as respects Workers' Compensation and solely as respects work performed by the named insured, Augusta; Gannett Fleming, Inc.; CH2M HILL, Inc. and their officers, any elected officials, employees, agents and volunteers are included as additional insured(s) but only to the extent of the named insured's negligence. Cancellation Notice: It is a~reed that, in the event of cancellation or material change in the aforementioned policY(les), the certificate Holder shall be given thirty (30) days prior written notice. 10-day written notice of cancellation for non-payment of premium. Primary Insurance: Where required by contract and where applicable, the insurance evidenced herein is primary and non-contributing to valid and collectible coverage maintained by Augusta; Gannett Fleming, Inc.; CH2M HILL, Inc. Contractual Liability: General Liability includes Contractual Liability (insurance is available only to the extent provided by the policy). Certificate No : 570013964106 \. . . INSURED parsons Water and Infrastructure Inc. 100 West walnut Street pasadena CA 91124 USA ENDORSEMENT CG 20 10 11 85 POLICY NUMBER: GL7039509pwI GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or organization: Augusta; Gannett Fleming, Inc.; CH2M HILL,. Inc. and their officers, any elected officials, employees, agents and volunteers Re: PWI Job No. 905187.5000, Construction Management If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of or related to "your work" Certificate No : 570013964106