HomeMy WebLinkAboutMWH CONSTRUCTIONS INC WATER POLLUTION CONTROL PLANT
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AUGUSTA CAPITAL IMPROVEMENTS PROGRAM
PROJECT NO. 80130
J B MESSERLY WATER POLLUTION CONTROL PLANT
CONSTRUCTION MANAGEMENT AT RISK AGREEMENT -
PRECONSTRUCTION SERVICES
DEFINITIONS......................................... ..... ............ ................................................... ....... 3
TERM .. ..................................................................... ............ ................................... ........... 5
Scope of Services........................................ ....... ........... ............................................... ....... 6
General............................................. ........... .......................................... ........................... 6
Detailed Scope of Services ......................................................................... ............. ....... 6
RELATIONSHIP OF THE PARTIES. ............... ........................................ ............. ........... 6
General....................................................................................................................... ..... 6
Construction Manager (CM). ..... ............ ... .......... ................... .............. ........................... 7
PAYMENT............................................................... .......................................................... 7
General............................................................................................................................ 7
Reimbursement of Expenses..................... ......... ................................................. ....... ..... 8
Payment....................................................................... ................................ .................... 8
Risk Management.................................................................. ............................................. 9
Insurance .... ....... .......... ........ ............. ...... ................ .............. ......... ....... ...... ......... ....... ..... 9
Commercial General Liability Insurance... ................. ................................ ............ 9
Business Automobile Liability ..................................................................... ........ 10
Worker's Compensation ....................................................................................... 10
Valuable Papers Insurance ........................................................................ ............ 10
Claims Made Form and Deductibles..................................................................... 10
Additional Insured And Primary Insurance Provisions ........................................ 11
Evidence of Insurance........................................................ ................................... 11
Insurance Conditions.. ................. ............................... .......................................... 11
7.0 Notices............... .............................. ................................................................................. 12
8.0 TERMINATION ................................... .................. .................................. ... ..................... 12
9.0 MISCELLANEOUS............................................................. ............................................ 12
80130 - PRECONSTRUCTION SERVICES AGREEMENT
PAGE 1 ofl9
9.1 Compliance With Law...... .............. .......... .................................................................... 12
9.1.1 General Requirement................ ......... ........ ................................. ................. ... ...... 12
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........... ................. ............. ..................... ............... ........................... 13
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........................................................................................................... .................. 14
9.11 No Agency Created....................................................................................................... 15
9.12 Assignment and Subcontracting ................ .............................................................. :.... 15
9.13 Amendments .............. ................................................................................................... 15
9.14 Executory Agreement. ........ ......... ................................................................................. 15
9.15 Remedies Cumulative..................... ............................................................... ............... 15
9.16 Captions...................................... ........................................................... ....................... 15
9.17 Invalidity of Particular Provisions ................................................................................ 15
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.............................................. ................................ 16
9.24 Employment................................................ ....... ................................ ........................... 16
9.25 Equal Employment Opportunity ................................................................................... 17
9.26 Drug Free W orkplace................................................... ................. ................................ 17
9.27 Anti-Kickback Clause .................... ............................................................................... 17
9 .28 Verbal Agreement or Conversation .............................................................................. 17
9.29 Personnel......... ................................. ........... ........ .............................. ........................ .... 17
80130 - PRECONSTRUCTION SERVICES AGREEMENT
PAGE 2 of 19
Revision Date
October 2005
THIS PRECONSTiJTION AG
entered into this day of
("OWNER"), and MwH CONST
referred to as "Parties. fI
WHEREAS, the OWNER has selected the CM as its Construction Manager and CM has
agreed to provide construction management services with respect to the J B MESSERL Y
WATER POLLUTION CONTROL PLANT Expansion ("Project"); and
WHEREAS, 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, THEREFORE,
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.
A UD - 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, MWH CONSTRUCTORS, 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.
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 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 reference standard, test or approval required by the Contract Documents,
or which has been damaged prior to PROGRAM MANAGER'S recommendation of [mal
payment, unless responsibility for the protection thereof has been previously assumed by
OWNER upon Substantial Completion.
Engineer - Messerly Design Group (MDG)
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 Agreement is signed by
the Mayor of Augusta, Georgia and the CM is notified that the Agreement is signed.
General Requirements - Refers to Division I of 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.
L/M/WBE - 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.
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 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 -CITY OF AUGUSTA, Georgia
Program Manager - CH2M HILL, Inc., responsible to AUD as the Bond Program Manager.
Project - The J B MESSERLY WATER POLLUTION CONTROL 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 (PM/') - 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 consisting 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
CM shall commence services under this Agreement within five (5) days of CM's receipt of
OWNER's issuing Notice to Proceed, (Date of Commencement) unless the parties mutually
agree otherwise in writing. The term shall continue until the execution of a contract for
Construction Phase Scope of Work as described in Attachment 1 - J B MESSERLY WATER
POLLUTION CONTROL PLANT Preconstruction Phase Scope of Work (the "Work"), but shall
not exceed 180 days from the Date of Commencement, unless the parties mutually agree
otherwise in writing. CM's obligations pursuant to Section 6.2 Indemnification shall survive and
continue after the completion of this Agreement.
80130 - PRECONSTRUCTION SERVICES AGREEMENT
PAGE 5 of19
Revision Date
October 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 provide 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 - J B MESSERLY WATER
POLLUTION CONTROL 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 professional 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 skill, efforts and judgment in furthering the interests of the
OWNER; to furnish efficient business administration and supervision; to use diligent efforts to
furnish at all times an adequate supply of staff; and to perform the work in accordance with the
Contract Documents and consistent with the interests of the OWNER in accordance with the
standard of care for such services. 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 OWNER and CM recognizes
that in order for the Project to be completed on time and within the GMP, the CM, OWNER 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. Nothing in this Agreement shall be construed to mean that CM is
responsible for the design of the Project, creates a fiduciary relationship between the parties, or
that the CM assumes any of the contractual or customary duties of the ENGINEER or PROJECT
MANAGER.
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
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 2005
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 construction practice and will exercise the degree of skill and diligence normally 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 contributions, and all other employer taxes and contributions,
including, but not limited to, industrial insurance (Workers' Compensation). The
CM agrees to indemnify, defend and hold OWNER, Messerly Design Group, Inc.,
and CH2M HILL, INC., harmless from any claims, valid or otherwise, made to
OWNER, Messerly Design Group, Inc., or CH2M HILL, INC., 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 OWNER. 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 there
under insofar as applicable to its employees and shall at all times save OWNER, 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
80130 - PRECONSTRUCTION SERVICES AGREEMENT
PAGE 7ofl9
Revision Date
October 2005
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.
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 Pavrnent.
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 the Work. 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.: Clifford Carey
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. 80130
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 2005
Project title: J B MESSERLY WATER POLLUTION CONTROL PLANT Expansion
Period covered by the invoice
Employee's name and classification
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 OWNER 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, written 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 GaplEmployers Contingent Liability
- Explosion, Collapse and Underground
- Fire Legal Liability
- Designated Construction Projects
Such policy(ies) must provide the following limits:
Bodily Iniury 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
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 2005
$ 500,000 Fire Damage
Stop Gap/ Emplovers Liability -
$ 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 defmed 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 employees, 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 bya 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 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 ~f this Agreement, and the CM shall annually provide OWNER 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 OWNER 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.
80130 - PRECONSTRUCTION SERVICES AGREEMENT
PAGE 10 of 19
Revision Date
October 2005
6.1.6 Additional Insured And Primary Insurance Provisions
Insurance provided pursuant to sections 6.1.1 and 6.1.2, shall be endorsed to include OWNER,
Messerly Design Group, 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 OWNER, 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
OWNER, CH2M HILL, Inc., and Messerly Design Group, Inc. shall be excess and not
contributing insurance with the eM's insurance.
6.1.7 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 OWNER" CH2M HILL, Inc., and Messerly
Design Group 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
OWNER 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 OWNER.
6.1.8 Insurance Conditions
The insurance certificates evidencing coverage, including endorsements and subsequent
renewals shall be subject to approval by OWNER'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.
6.1.9 Subcontractors
The CM shall obtain from each major Subcontractor, 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 OWNER" CH2M HILL, Inc., and Messerly Design Group, Inc. their officers,
agents and employees from all suits, claims, actions or damages of any nature whatsoever to the
extent, found to be resulting from the CM, its subcontracts, or agents in the negligent
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 2005
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 OWNER, shall be sent to the following address:
Augusta PMT
Attn: Clifford Carey
360 Bay Street, Suite 100
Augusta, GA 30901
B. Notices to the CM shall be sent to the following address:
MWH Constructors
Attn: Michael Donnelly, Esq.
370 Interlocken Blvd., Ste. 300
Broomfield, CO 80021
8.0 TERMINATION
OWNER 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.
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
OWNER; rules, regulations, orders, and directives of their administrative agencies and their
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 2005
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 eM 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 OWNER 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, 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
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Revision Date
October 2005
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 required by the laws of the State of Georgia, as applicable
to the Work as described herein.
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 three (3)
years after the date of Completion or final payment whichever first occurs.
9.9 Third-Party 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.
9.10 Audit
The CM shall permit OWNER, their audit representatives 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 to the CM has been appropriate, and that the contracted-for services were
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 2005
/'
actually provided; and shall supply OWNER 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 Agencv 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 OWNER or to bind OWNER 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
OWNER. 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.
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 or in such other circumstances it shall continue in
full force and effect.
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
Oct.ober 2005
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
Repoqs, drawings, plans, specifications and any other intangible property created in furtherance
of the Work are property of OWNER for all purposes, whether the project for which they are
made is executed or not, and may be used by OWNER for any purpose, provided however that
any use other than for the Project shall be at OWNER'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 OWNER. CM retains any
intellectual property rights in documents and intangible property created by CM prior to the
Effective Date or Work that has general application to other projects, is not specific in character
to this project, or was 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 ofInterest
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.
9.23 Employment of Owner's Personnel
The CM shall not 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
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 2005
violation of this warranty, OWNER 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 CM will 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 or
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 OWNER owned or leased property, vehicles, and project or client site. Any
violation ofthe 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.
9.28 Verbal Agreement or Conversation
No verbal agreement or conversation with any officer, agent, or employee of OWNER, 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, OWNER. All of the services required hereunder will be performed by the CM
80130 - PRECONSTRUCTION SERVICES AGREEMENT
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Revision Date
October 2005
or 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 2 -
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 OWNER 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.
80130 - PRECONSTRUCTION SERVICES AGREEMENT
PAGE 18 of 19
Revision Date
October 2005
IN WITNESS WHEREOF, OWNER and CM have executed this Agreement as of the date first
above written.
~B'
!
Date, Jl/Jf/ffi
ATTEST:
tJ;;~~
Lena 1. Bonner, Clerk of
fr
Date:
VED ~FORM:
Stephen E. Shepard, County
Attorne~ /'" {_<
Date:~
eM: Please fill in the spaces and sign in the box
appropriate for your business entity.
Corporation
MWH CONSTRUCTORS, INC.
a Delaware Corporation
By/LAl ,~ "
TYPed/Printe~2<<_ /E1/V/S
Its //.. /:;:
Date: / /--/ - 2<::::>.c:> ~
80130 - PRECONSTRUCTION SERVICES AGREEMENT
PAGE 19 of 19
Attachment 1
Preconstruction Phase Services Scope of Work:
J. B Messerly WPCP CM@Risk Agreement
General: This Scope of Work includes preconstruction phase services 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 (eM) 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 will be further developed and defmed in phases to issue in
Task Orders which shall be amendments to the Agreement to be developed during the
preconstruction phase services. The first Task Order will be for early construction
activities and may be negotiated and begun before completion of the preconstruction
phase services. Additional Task Orders will include all remaining construction activities
and will typically be started at the conclusion of the preconstruction phase services as
described below. These contract amendments will be submitted and approved prior to the
commencement of each Task Order.
Task 1 Project Management:
Task 1.1 - Project Management Supervision:
MWH Constructors shall designate a CM for this project. CM 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
(AUD) 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.
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Task 1.2 - Project Management and QAlQC Plans:
The project QAlQC Manager shall prepare a Project Quality Management plan. The
Quality Plan will include quality assurance and control requirements. The project QAlQC
Manager shall be charged the responsibility of the Plan's implementation and
documentation of current QAlQC activities. An update on all QAlQC activities shall be
reported in Monthly Status Reports. All work performed by the CM Team shall be in
accordance with the QAlQC Plan.
The project CM shall prepare a Project Management Plan (PMP) for the project. The
PMP will address project implementation approach, staffmg, 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, SL/MIWBE (Small Local, Minority Owned and Women Owned Business)
Management plan, Procurement Plan, Document control Plan, Safety Plans and other
required items. The SL/M/WBE compliance plan will provide a method for recording
and tracking SL/M/WBE participation on the project including amounts contracted,
earned and paid, as well as the number and distribution of SL/MIWBE firms
participating. The PMP will be cross-referenced with the specifications of the contract
documents to ensure that no conflicts exist.
Deliverable: 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:
CM 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 AUD to successfully
pass audit by any agency.
CM 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. CM 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: CM shall develop and maintain a Records Tracking System and provide
monthly billings for services performed to AUD. CM will provide Monthly Status
reports from authorization to proceed through the time of submittal of the GMP.
Task 1.4 - Project Information Website
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CM shall develop a public information website regarding this project by within 30 days
after issuance of Notice to Proceed, and monthly updates to said site. This site will be
made available to the general public and will display information regarding the project
such as contact telephone information for emergencies, general schedule information,
progress updates, notices of traffic and road closures, and other information that may be
of general interest.
Deliverable: CM shall develop a Project Website with a responsibility and contact
matrix. This Website will be updated monthly through acceptance ofGMP by OWNER.
. All work associated with Project Information website after acceptance of GMP shall be
included in construction cost of work.
Task 1.5 - Project Administration Website/Portal
CM shall develop, operate and maintain a Contract Administration centralized software
applications portal. This will allow team members access to web-based Prolog™. 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: CM shall provide access to web-based PrologTM for up to seven (7) outside
users. CM will set up and conduct one (I) orientation half day seminar for outside users.
The Website will be maintained with project information through acceptance of GMP by
OWNER. All work associated with Prolog™ web site after acceptance of GMP shall be
included in construction cost of work.
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: CM shall create a Meeting Summary documenting discussions and agreed
to direction and distribute the summary to the PMT.
Task 2.2 - Monthly Progress Meetings
CM 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
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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
. Planned actions for the next month
. Updated Project schedule.
Within five (5) business days of the meeting the CM shall prepare and submit to the PMT
a meeting summary and list of follow-up action items with assigned responsibility for
each progress review. A total of up to eight meetings have been budgeted.
Deliverable: For each monthly meeting, CM 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
CM shall review and comment upon the Construction Documents that have been
developed by the Messerly Design Group (ENGINEER). The scope of that review shall
include reviewing those various documents for constructability. CM acknowledges that
at the time the Guaranteed Maximum Price (GMP) is established, CM shall have fully
reviewed AUD 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. CM shall also identify additional value-added and
cost-saving opportunities to save cost and time. The CM shall also focus on the
construction sequencing for keeping the plant in full operation and regulatory
compliance.
The CM shall call to the PMT's and the ENGINEER's attention any apparent defect in
the design, drawings and specifications or other documents it discovers. However, the
CM is not responsible for reviewing the design, engineering, calculations or other
engineering aspects of the design, drawings and specification or other documents and
shall have the right to rely upon the accuracy and correctness of the design, drawings and
specifications or other documents. Within 30 calendar days of signing this Agreement,
the CM shall complete a constructability review.
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Deliverable: CM 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 a team of discipline engineering experts, cost estimator(s), and
construction personnel to evaluate the design and VE considerations and to recommend
potential methods or materials to reduce cost and risk without adverse impact to function,
operation or safety for the consideration and review by the PMT. The VE considerations
produced by the team will be preliminary concepts and CM will not be responsible or
liable for any design resulting from implementation of the VE considerations. Review,
analysis, acceptance, design, and incorporation into the construction project shall be the
decision and responsibility of OWNER.
Deliverables: CM 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 basis
of savings calculations.
Task 3.3 - Coordination of Redesign and Final Review of Plans
The CM shall critique the existing design relative to constructability, cost and schedule.
During the remaining design effort; the CM's suggestions will be reviewed for inclusion
into the final design by MDG. The CM shall complete a final review of all plans and
specifications as a quality assurance check for all changes.
Deliverable: CM 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 CM shall prepare a detailed-level opinion of probable construction cost for the
Project consistent meeting Class 2 standard of the Recommended Practice Bulletin 18R-
97 produced by the Association for Advancement of Cost Engineering (AACE). The
methodology and format 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 CM 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
AUD's consultants and other suppliers. An appropriate contingency, developed in
consultation with the PMT, shall be applied.
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Deliverable: CM shall develop an Initial Cost Estimate with takeoff quantities, unit
pricing, and initial subcontract .pricing prior to conducting the Value Engineering (VE)
Study. CM 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.
Deliverable: CM shall develop an Updated Cost Estimate with takeoff quantities, unit
pricing, and refined subcontract pricing. CM 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 fmal design drawings
the CM shall update and complete the fmal 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: CM shall develop a Final Cost Estimate with takeoff quantities, unit
pricing, and refined subcontract pricing. CM 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 CM 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 CM will have regular progress payments to meet expenses.
The Schedule will be cost loaded by the CM to aid in Cash flow projections. Cost
information shall be updated as information becomes available as part of the development
of the GMP.
The CM 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:
Final 250clober 2005
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. Be developed using P3e/c in a format agreed upon by the PMT;
. Follow the 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.
As the work progresses in Phase II the CM 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: CM 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 m 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 CM 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 for Phase III, an amendment will be submitted for
consideration of up to eight partnering sessions over the remaining project duration.
Deliverable: CM shall provide the services of a professional Partnering Facilitator and
one Partnering session over the duration of Phase I of the project.
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Task 7 Bidders Interest and Market Stimulation
The CM, 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 L/W /MBE businesses and
firms able to perform the work. The CM will implement a bidder's interest campaign to
stimulate market interest in the project and conduct conferences and workshops with
qualified contractors.
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 SL/M/WBE Plan the CM shall attract, solicit, develop, and track the
success of SL/M/WBE firms interested in the Project. CM' 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% SL/M/WBE content within the execution of their scope of work.
. Outreach to the minority business community in coordination with PMT. This
includes soliciting SL/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 SL/M/WBEs of upcoming opportunities to bid on subcontracts
through various media including working with minority trade, minority and
majority newspapers, and SL/M/WBE organizations.
. Post bidding documents at local and regional plan offices and trade organizations.
Deliverable: CM 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 CM shall attend up to five (5)
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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 CM during the construction phase of the project unless specified
otherwise. Costs for Permit fees will be included in the costs of the GMPs and
memorialized in the appropriate Task Orders. If CM performs any Work without
obtaining, or contrary to, such permits or licenses, CM shall bear all costs arising there
from. CM shall pay all governmental charges and inspection fees necessary for the
prosecution of the Work.
Deliverable: CM shall procure building permits, attend up to two meetings, and provide
up to 16 hours of technical support for permit applications.
Task 9 Preparation of Contract and Subcontract Documents
General: The CM 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 fmal subcontracting strategy will be incorporated to
develop a project procurement plan.
Task 9.1 - Prepare Contract Documents
The CM 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: CM will develop and distribute to the PMT as required, a Final
Construction Management Agreement.
Task 9.2 - Bid Packages
The CM 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
Final 2SOclober 2005
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Task 9.3 - Coordination with and Preparation of Owner Procurements
CM shall prepare procurement packages, and provide procurement support to the
Augusta, Georgia (OWNER) Procurement Department, and shall receive and store
material for up to ten AUD 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 CM shall include in its procurement plan a
detailed strategy to be coordinated with OWNER 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: eM shall develop up to ten procurement packages and provide
procurement support.
Task 10 Prebid Conferences
The CM 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: CM 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 CM 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
Final 25October 2005
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presentation in the offer. This will include safety, quality, schedule,
experience, innovations, resources, etc.
. Discussions/Negotiations: Discussions and/or negotiations may be
required to clarify price, scope, approach, schedule, etc.
. Best & Final Offers CBAFOs) and Rebids: BAFOs and rebids may be
required if in the interest of the project, such as rescoping to meet the
budget. Discussions/negotiations may be used in place ofBAFOs/rebids.
Deliverable: CM shall develop a Bid Evaluation Report and recommendations for
award. CM shall distribute the report to the PMT for review.
Task 12 Develop GMP and Finalize CMA
The preliminary GMP will be developed as early as possible following the beginning of
preconstruction phase services. After completing the bidding and negotiating process for
all early construction work packages defined by the PMT, the CM shall prepare a
summary of project costs including all direct and indirect costs for the CM during the
Phase II construction and shall submit to the PMT the preliminary GMP along with all
supporting forms as included in the first Task Order to the Agreement for PMT's review
and approval.
Within 14 days of completion of the bidding and negotiating process for all Task Order
work packages, the CM shall prepare a summary of project costs including all direct and
indirect costs for the CM during the construction and shall submit to the PMT the final
GMP along with all supporting forms as included in the Task Orders to the Agreement
for PMT's review and approval.
12.1 BASIS OF GUARANTEED MAXIMUM PRICE
The CM shall include with each of the Guaranteed Maximum Price (GMP) proposals for
the Task Orders 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 GMP proposal.
2. A list of allowances and a statement of their basis.
3. A list of the clarifications and assumptions made by the CM in the preparation of
the GMP proposal to supplement the information contained in the Drawings and
Specifications.
4. The proposed GMP, including a statement of the estimated cost organized by
trade categories, allowances, contingency, and other items and the fee that
comprise the GMP.
5. The Date of Substantial Completion upon which the proposed GMP is based, and
a schedule of the Construction Documents issuance dates upon which the date of
Substantial Completion is based.
Final 25Oclober 2005
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12.2 The CM shall meet with the OWNER and PMT to review the GMP 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 CM, who shall make appropriate adjustments to the GMP proposal, its basis or both.
12.3 Unless the OWNER accepts the GMP proposal in writing on or before the date
specified in the proposal for such acceptance, and so notifies the CM, in writing, the
GMP proposal shall not be effective without written acceptance by the CM.
12.4 Prior to the OWNER's acceptance of the CM's GMP proposal and issuance of a
Notice to Proceed, the CM 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 GMP proposal, the GMP and its basis shall
be set forth in the Task Orders to this Agreement. The GMP 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 the Task Orders. Such revised Drawings and Specifications
shall be furnished to the eM in accordance with schedules agreed to by the OWNER,
ENGINEER and CM. The CM 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 GMP shall include in the Cost of the work only those taxes which are enacted
at the time the GMP is established.
Deliverable: CM shall develop a Final GMP and signed Task Orders before
commencing of the work.
Final 25October 2005
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MWH Constructors, Inc.
Augusta, Georgia
J.B. Messerly WPCP
Phase 1 Preconstruct ion Phase Budget Summary
DRAFT 10/21/2005
Task Description Estimating ODClSubs
& Staffing Assianment Labor Fee Fee Fee Totai Fee
TASK 1 PROJECT MANAGEMENT
Task 1.1 Proiect Manaaement Suoervision $ 13,856 $ $ 56,963 $ 70,818
Task 1.2 Proiect Manaoement & QAC Plans $ 31,198 $ - $ 2,100 $ 33,298
Task 1.3 Project Accountina & Controls $ 13,707 $ - $ 0 $ 13,707
Task 1.4 Proiect Information Website $ 770 $ 0 $ 12,600 $ 13,370
Task 1.5 Proiect Administration Website/Portal $ 6,364 $ - $ - $ 6,364
$ 0
TASK 2 PROJECT MEETINGS $ 0
Task 2.1 Conduct Kickoff Meetina $ 5,058 $ - $ - $ 5,058
Task 2.2 Monthlv Prooress Meetinas $ 18,144 $ - $ - $ 18,144
$ -
TASK 3 DOCUMENT REVIEWNE PROPOSALS $ -
Task 3.1 Initial Review $ 24,581 $ 11,148 $ 7,003 $ 42,732
Task 3.2 Value Enaineerina $ 47,213 $ 5,574 $ 43,296 $ 96,084
Task 3.3 Coordination of Redesian and Final Review of Plans $ 11,092 $ 6,689 $ 611 $ 18,392
$ -
TASK 4 COST ESTIMATING AND VALIDATION $ 0
Task 4.1 Initial Cost Estimate $ 3,079 $ 96,053 $ 8,767 $ 107,899
Task 4.2 Revised Cost Estimate $ 2,053 $ 26,074 $ 0 $ 28,127
Task 4.3 Final Cost Estimate $ 513 $ 23,893 $ 2,181 $ 26,587
$ 0
TASK 5 MASTER SCHEDULE DEVELOPMENT $ 0
Subtotal Task 5 $ 31,020 $ 0 $ - $ 31,020
$ -
TASK 6 PARTNERING $ 0
Subtotal Task 6 $ 16,876 $ - $ 19,898 $ 36,774
$ 0
TASK 7 Bidders Interest and Market $ 0
Subtotal Task 7 $ 13,203 $ - $ 55,650 $. 68,853
$ 0
TASK 8 PERMITTING $. 0
Subtotal Task 8 $ 7,039 $ - $ - $ . . 7,039
$ -
TASK 9 PREPARATION OF CONTRACT AND SUBCONTRACT DOCUMENTS $ 0
Task 9.1 Preoare Contract Documents $ 20,819 $ - $ 0 $ 20,819
Task 9.2 Bid Packaaes $ 29,690 $ 81,150 $ 7,407 $ 118247
Task 9.3 Coordination with and Preoaration of Owner Procurements $ 6,363 $ - $ - $ 6,363
$ -
TASK 10 PREBID CONFERENCES $ 0
Subtotal Task 10 $ 13,349 $ - $ - $ 13,349
$ 0
TASK 11 BIDDING SERVICES AND EVALUATIONS $ 0
Subtotal Task 11 $ 9,274 $ - $ 0 $ 9,274
$ -
TASK 12 DEVELOP GMP AND FINALIZE CMA $ -
Subtotal Task 12 $ 31,230 $ 164,123 $ 20,334 $ 215,687
I'~:'.ii .i..... '" .... .', " 'i.; . "'... ...... TOTALS $::356;489 $',' 414,706 $ .. 216,473 $:;;::;,,)' 987,668