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FIRST ADDENDUM TO <br />CONSTRUCTION MANAGER AT RISK <br />PRE -CONSTRUCTION PHASE SERVICES AGREEMENT <br />PROJECT NAME: WWTP Solids Handling Improvements <br />PROJECT NUMBER: 502499-660285 <br />This First Addendum is attached to and made part of the Construction Manager at Risk Pre - <br />Construction Phase Agreement, dated June 16', 2023 ("Agreement") by between the City of Louisville, <br />Colorado ("City") and Asian Construction, Inc. ("CMAR"). <br />WHEREAS, pursuant to subsection 4.3.1.3 of the Agreement, if approved by the City, the CMAR shall <br />provide services related to evaluations of and recommendations for long lead-time procurements to meet <br />the project schedule requirements. The cost for such services shall not exceed $0 without prior written <br />approval of the project manager; and <br />WHEREAS, in fulfillment of its obligations under subsection 4.3.1.3 of the Agreement, the CMAR, along <br />with the City's design consultant, JVA, Inc., has evaluated and recommended the City's procurement of <br />those certain long lead-time items specified in this Addendum from the manufacturers specified in this <br />Addendum; and <br />WHEREAS, in fulfillment of its obligations under Section 2.8 of the Agreement, CMAR has selected the <br />manufacturers specified in this Addendum by way of a competitive bid process; and <br />WHEREAS, the City, by this Addendum, desire to approve the CMAR's procurement of those certain <br />long lead-time items specified in this Addendum from the manufacturers specified in this Addendum, for <br />integration into the City of Louisville Wastewater Treatment Plant (WWTP) Solids Handling Upgrade Project <br />(the "Project") during the construction phase, so long as the total cost of such procurements does not <br />exceed $880,986. <br />NOW THEREFORE, CMAR and City hereby agree to the following additions to the Agreement: <br />1. Amendment. <br />A. The Agreement is hereby amended to authorize "Early Work" by written addendum <br />executed by the City and CMAR in substantially the same form of this Addendum. <br />B. "Early Work" means construction phase services that the parties agree should be <br />performed in advance of establishment of the GMP. Permissible Early Work shall be limited to: early <br />procurement of materials, supplies, and equipment; early release of bid or proposal packages for site <br />development and related activities; and any other advance work related to critical components of the Project <br />for which performance prior to establishment of the GMP will materially affect the critical path schedule of <br />the Project. <br />C. All Early Work addendums agreed upon in accordance with this Section shall be <br />taken into consideration in the preparation of each deliverable required under the Agreement, as applicable, <br />including without limitation the project schedule (Agreement, Section 2.3) and GMP proposal(s) <br />(Agreement, Section 2.6). <br />2. Purpose of Addendum. The purpose of this Addendum is to authorize and establish the <br />terms and conditions for the early procurement of certain long lead time items necessary for the timely and <br />efficient execution of the Project. <br />3. CMAR Representations, Warranties, and Responsibilities. <br />A. Subject to Subsection B, the CMAR is hereby authorized and directed to procure <br />the following items of equipment from the following manufacturers at the following costs: <br />