HomeMy WebLinkAboutCH2M HILL STANDARD AGREEMMENT FOR PROFESSIONAL SERVICES PROGRAM MANAGER
Augusta Richmond GA
DOCUMENT NAME: Q\-\8m \-\\\\ \WG
DOCUMENT TYPE: O-CjX.e~T
YEAR: C\<6
BOX NUMBER: ()L\
FILE NUMBER: \'~dO
NUMBER OF PAGES: _ll..\
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CH2MHILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES'
This AGREEMENT is between CH2M HILL INC., ("PROGRAM MANAGER"), and
Augusta, Georgia, acting by and through the Augusta-Richmond County ("OWNER")
Commission
for a PROJECT generally described as:
Program Management Services For Bond Issue Projects For The Augusta Utilities Department
ARTICLE 1. SCOPE OF SERVICES
PROGRAM MANAGER will perform the Scope of
Services set forth in Attachment A.
ARTICLE 2. COMPENSATION
OWNER will compensate PROGRAM MANAGER as set
forth in Attachment B.
ARTICLE 3. TERMS OF PAYMENT
OWNER will pay PROGRAM MANAGER as follows:
3.1 Invoices and Time of Payment
PROGRAM MANAGER will issue monthly invoices
pursuant to Attachment B. Invoices are due and
payable within 30 days of receipt.
3.1.1 In the event of a disputed billing, only the
disputed portion will be withheld from payment, and
OWNER shall pay the undisputed portion. OWNER will
exercise reasonableness in disputing any bill or portion
thereof. No interest will accrue on any disputed portion
of the billing until mutually resolved.
3.1.2 If OWNER fails to make payment in full within 30
days of the date due for any undisputed billing,
PROGRAM MANAGER may, after giving 7 days' written
notice to OWNER, suspend services under this
AGREEMENT until paid in full. In the event of
suspension of services, PROGRAM MANAGER will
have no liability to OWNER for delays or damages
caused by OWNER because of such suspension.
ARTICLE 4. OBLIGATIONS OF PROGRAM
MANAGER
4.1 Standard of Care
The standard of care applicable to PROGRAM
MANAGER's Services will be the degree of skill and
diligence normally employed by professional engineers
or consultants performing the same or similar Services
at the time said services are performed.' PROGRAM
MANAGER will reperform any services not meeting this
standard without additional compensation.
4.2 Subsurface Investigations
In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary
FORM 398
REVISED 2/98
significantly between successive test points and sample
intervals and at locations other than where
observations, exploration, and investigations have been
made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect
total PROJECT cost and/or execution. These conditions
and cost/execution effects are not the responsibility of
PROGRAM MANAGER.
4.3 PROGRAM MANAGER's Personnel at Construction
Site
4.3.1 The presence or duties of PROGRAM
MANAGER's personnel at a construction site, whether
as onsite representatives or otherwise, do not make
PROGRAM MANAGER or PROGRAM MANAGER's
personnel in any way responsible for those duties that
belong to OWNER and/or the construction contractors
or other entities, and do not relieve the construction
contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to,
all construction methods, means, techniques,
sequences, and procedures necessary for coordinating
and completing all portions of the construction work in
accordance with the construction Contract Documents
and any health or safety precautions required by such
construction work.
4.3.2 PROGRAM MANAGER and PROGRAM
MANAGER's personnel have no authority to exercise
any control over any construction contractor or other
entity or their employees in connection with their work
or any health or safety precautions and have no duty for
inspecting, noting, observing, correcting, or reporting on
health or safety deficiencies of the construction
contractor(s) or other entity or any other persons at the
site except PROGRAM MANAGER's own personnel.
4.3.3 The presence of PROGRAM MANAGER's
personnel at a construction site is for the purpose of
providing to OWNER a greater degree of confidence
that the completed construction work will conform
generally to the construction documents and that the
integrity of the design concept as reflected in the
construction documents has been implemented and
preserved by the construction contractor(s). PROGRAM
MANAGER neither guarantees the performance of the
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construction contractor(s) nor assumes responsibility for
construction contractor's failure to' perform work in
accordance with the construction documents.
For this AGREEMENT only, construction sites include
places of manufacture for materials incorporated into
the construction work, and construction contractors
include manufacturers of materials incorporated into the
construction work.
4.4 Opinions of Cost, Financial Considerations, and
Schedules
In providing opinions of cost, financial analyses,
economic feasibility projections, and schedules for the
PROJECT, PROGRAM MANAGER has no control over
cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may
affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or
quality of performance by operating personnel or third
parties; and other economic and operational factors that
may materially affect the ultimate PROJECT cost or
schedule. Therefore, PROGRAM MANAGER makes no
warranty that OWNER's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will
not vary from PROGRAM MANAGER's opinions,
analyses, projections, or estimates.
If OWNER wishes greater assurance as to any element
of PROJECT cost, feasibility, or schedule, OWNER will
employ an independent cost estimator, contractor, or
other appropriate advisor.
4.5 Construction Progress Payments
Recommendations by PROGRAM MANAGER to
OWNER for periodic construction progress payments to
the construction contractor(s) will be based on
PROGRAM MANAGER's knowledge, information, and
belief from selective sampling that the work has
progressed to the point indicated. Such
recommendations do not represent that continuous or
detailed examinations have been made by PROGRAM
MANAGER to ascertain that the construction
contractor(s) have completed the work in exact
accordance with the construction documents; that the
final work will be acceptable in all respects; that
PROGRAM MANAGER has made an examination to
ascertain how or for what purpose the construction
contractor(s) have used the moneys paid; that title to
any of the work, materials, or equipment has passed to
OWNER free and clear of liens, claims, security
interests, or encumbrances; or that there are not other
matters at issue between OWNER and the construction
contractors that affect the amount that should be paid.
4.6 Record Drawings
Record drawings, if required, will be prepared, in part,
on the basis of information compiled and furnished by
others, and may not always represent the exact
location, type of various components, or exact manner
in which the PROJECT was finally constructed.
PROGRAM MANAGER is not responsible for any errors
or omissions in the information from others that is
incorporated into the record drawings.
FOAM 398
REVISED 2/98
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4.7 Access to PROGRAM MANAGER's Accounting
Records
PROGRAM MANAGER will maintain accounting
records, in accordance with generally accepted
accounting principles. These records will be available to
OWNER during PROGRAM MANAGER's normal
business hours for a period of 2 years after PROGRAM
MANAGER's final invoice for examination to the extent
required to verify the direct costs (including the actual
hours or classification of PROGRAM MANAGER'S
employees, and excluding established or standard
allowances and rates) incurred hereunder. OWNER
may only audit accounting records applicable to a cost-
reimbursable type compensation.
4.8 PROGRAM MANAGER's Insurance
PROGRAM MANAGER will maintain throughout this
AGREEMENT the following insurance:
(a) Worker's compensation and employer's liability
insurance as required by the state where the work is
performed.
(b) Comprehensive automobile and vehicle liability
insurance covering claims for injuries to members of the
public and/or damages to property of others arising
from use of motor vehicles, including onsite and offsite
operations, and owned, non owned, or hired vehicles,
with $1,000,000 combined single limits.
(c) Commercial general liability insurance covering
claims for injuries to members of the public or damage
to property of others arising out of any covered
negligent act or omission of PROGRAM MANAGER or
of any of its employees, agents, or subcontractors, with
$1,000,000 per occurrence and in the aggregate.
(d) Professional liability insurance of $1,000,000 per
occurrence and in the aggregate.
(e) OWNER will be named as an additional insured
with respect to PROGRAM MANAGER's liabilities
hereunder in insurance coverages identified in items (b)
and (c) and PROGRAM MANAGER waives subrogation
against OWNER as to said policies.
ARTICLE 5. OBLIGATIONS OF OWNER
5.1 OWNER-Furnished Data
OWNER will provide to PROGRAM MANAGER all data
in OWNER's possession relating to PROGRAM
MANAGER's services on the PROJECT. PROGRAM
MANAGER may reasonably rely upon the accuracy,
timeliness, and completeness of the information
provided by OWNER.
5.2 Access to Facilities and Property
OWNER will make its facilities accessible to PROGRAM
MANAGER as required for PROGRAM MANAGER's
performance of its services and will provide labor and
safety equipment as required by PROGRAM
MANAGER for such access. OWNER will perform, at no
cost to PROGRAM MANAGER, such tests of
equipment, machinery, pipelines, and other
components of OWNER's facilities as may reasonably
be required in connection with PROGRAM MANAGER's
services.
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5.3 Advertisements, Permits, and Access ,
Unless otherwise agreed to in the Scope of SeNices,
OWNER will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land,
easements, rights-of-way, and access necessary for
PROGRAM MANAGER's seNices or PROJECT
construction.
5.4 Timely Review
OWNER will examine PROGRAM MANAGER's studies,
reports, sketches, drawings, specifications, proposals,
and other documents; obtain advice of an attorney,
insurance counselor, accountant, ~uditor, bond and
financial advisors, and other consultants as OWNER
deems appropriate; and render in writing decisions
required by OWNER in a timely manner.
5.5 Prompt Notice
OWNER will give prompt written notice to PROGRAM
MANAGER whenever OWNER obseNes or becomes
aware of any development that affects the scope or
timing of PROGRAM MANAGER's SeNices, or of any
defect in the work of PROGRAM MANAGER or
construction contractors.
5.6 Asbestos or Hazardous Substances
5.6.1 If asbestos or hazardous substances in any form
are encountered or suspected, PROGRAM MANAGER
will stop its own work in the affected portions of the
PROJECT to permit testing and evaluation.
5.6.2 If asbestos is suspected, PROGRAM MANAGER
will, if requested, manage the asbestos remediation
activities using a qualified subcontractor at an additional
fee and contract terms to be negotiated.
5.6.3 If hazardous substances other than asbestos are
suspected, PROGRAM MANAGER will, if
requested, conduct tests to determine the extent of
the problem and will perform the necessary studies
and recommend the necessary remedial measures
at an additional fee and contract terms to be
negotiated.
5.6.4 OWNER recognizes that CH2M HILL assumes no
risk and/or liability for a waste or hazardous waste
site originated by other than CH2M HILL.
5.7 Contractor Indemnification and Claims
5.7.1 OWNER agrees to include in all construction
contracts the provisions bf Article 4.3, PROGRAM
MANAGER's Personnel at. Construction Site, and
provisions providing contractor indemnification of
OWNER and PROGRAM MANAGER for contractor's
negligence.
5.7.2 OWNER shall require construction contractor(s)
to name OWNER and PROGRAM MANAGER as
additional insureds on the contractor's general liability
insurance policy.
5.7.3 Not Used
5.8 OWNER's Insurance
For those projects in which the PROGRAM MANAGER
is involved in providing engineering and resident
seNices during construction:
FORM 398
REVISED 2/98
5.8.1 Not Used
5.8.2 Not Used
5.8.3 OWNER will have the construction contractor(s)
provide a Builders Risk All Risk insurance policy for the
full replacement value of all PROJECT work including
the value of all onsite OWNER-furnished equipment
and/or materials associated with PROGRAM
MANAGER's seNices. Such policy will include
coverage for loss due to defects in materials and
workmanship and errors in design, and will provide a
waiver of subrogation as to PROGRAM MANAGER and
the construction contractor(s) (or OWNER), and their
respective officers, employees, agents, affiliates, and
subcontractors. OWNER will provide PROGRAM
MANAGER a copy of such policy.
5.9 Litigation Assistance
The Scope of SeNices does not include costs of
PROGRAM MANAGER for required or requested
assistance to support, prepare, document, bring,
defend, or assist in litigation undertaken or defended by
OWNER. All such SeNices required or requested of
PROGRAM MANAGER by OWNER, except for suits or
claims between the parties to this AGREEMENT, or
suits in which PROGRAM MANAGER is a party, will be
reimbursed at the rate set forth in Attachment B, unless
otherwise agreed upon.
5.10 Changes
OWNER may make or approve changes within the
general Scope of SeNices in this AGREEMENT. If such
changes affect PROGRAM MANAGER's cost of or time
required for performance of the seNices, an equitable
adjustment will be made through an amendment to this
AGREEMENT.
ARTICLE 6. GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
Execution of this AGREEMENT by OWNER will be
authorization for PROGRAM MANAGER to proceed
with the work, unless otherwise provided for in this
AGREEMENT.
6.2 Reuse of PROJECT Documents
All reports, drawings, specifications, documents, and
other deliverables of PROGRAM MANAGER, whether
in hard copy or in electronic form, are instruments of
seNice for this PROJECT, whether the PROJECT is
completed or not, and shall be the property of the
OWNER. To the extent allowed by law, OWNER shall
hold harmless PROGRAM MANAGER and PROGRAM
MANAGER's officers, employees, subcontractors, and
affiliated corporations from all claims, damages, losses,
and costs, including, but not limited to, litigation
expenses and attorney's fees arising out of or related to
the unauthorized reuse, change or alteration of these
PROJECT documents.
6.3 Force Majeure
PROGRAM MANAGER is not responsible for damages
or delay in performance caused by acts of God, strikes,
lockouts, accidents, or other events beyond the control
of PROGRAM MANAGER. In any such event,
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PROGRAM MANAGER'S contract price and schedule
shall be equitably adjusted. '
6.4 (Not used)
6.5 Termination
6.5.1 This AGREEMENT may be terminated for
convenience on 30 days' written notice, or for cause if
either party fails substantially to perform through no
fault of the other and does not commence correction of
such nonperformance within 5 days of written notice
and diligently complete the correction thereafter.
6.5.2 On termination, PROGRAM MANAGER will be
paid for all authorized services performed up to the
termination date, and if the termination is for the
convenience of the OWNER, reasonable termination
expenses, such as, but not limited to, subcontract
termination costs, and related closeout costs.
6.6 Suspension, Delay, or Interruption of Work
OWNER may suspend, delay, or interrupt the Services
of PROGRAM MANAGER for the convenience of
OWNER. In such event, PROGRAM MANAGER's
contract price and schedule shall be equitably adjusted.
6.7 No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
other than OWNER and PROGRAM MANAGER and
has no third-party beneficiaries.
6.8 Indemnification
PROGRAM MANAGER agrees to indemnify OWNER
for any claims, damages, losses, and costs, including,
but not limited to, attorney's fees and litigation costs,
arising out of claims by third parties for property
damage or bodily injury, including death, to the
proportionate extent caused by the negligence or willful
misconduct of PROGRAM MANAGER, PROGRAM
MANAGER's employees, affiliated corporations, and
subcontractors in .connection with the PROJECT.
6.9 Assignment
This is a bilateral personal Services AGREEMENT.
Neither party shall have the power to or will assign any
of the duties or rights or any claim arising out of or
related to this AGREEMENT, whether arising in tort,
contract or otherwise, without the written consent of the
other party. Any unauthorized assignment is void and
unenforceable. These conditions and the entire
AGREEMENT are binding on the heirs, successors, and
assigns of the parties hereto.
6.10 Consequential Damages
To the maximum extent permitted by law, PROGRAM
MANAGER and PROGRAM MANAGER's affiliated
corporations, officers, employees, and subcontractors
shall not be liable for OWNER's special, indirect, or
consequential damages, whether such damages arise
out of breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other
cause of action.
6.11 Waiver
OWNER waives all claims against PROGRAM
MANAGER, other than those for latent defects, that are
FOAM 398
REVISED 2/98
not brought within 2 years of substantial completion of
the facility designed or fin<:ll payment to PROGRAM
MANAGER, whichever is earlier.
6.12 Jurisdiction
The substantive law of Georgia shall govern the validity
of this AGREEMENT, its interpretation and
performance, and any other claims related to it.
6.13 Severability and Survival
6.12.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
illegal, or unenforceable, the enforceability of the
remaining provisions shall not be impaired thereby.
6.12.2 Limitations of liability, indemnities, and other
express representations shall survive termination of this
AGREEMENT for any cause.
6.14 Materials and Samples
Any items, substances, materials, or samples removed
from the PROJECT site for testing, analysis, or other
evaluation will be returned to the PROJECT site within
60 days of PROJECT close-out unless agreed to
otherwise. OWNER recognizes and agrees that
PROGRAM MANAGER is acting as a bailee and at no
time assumes title to said items, substances, materials,
or samples.
6.15 PROGRAM MANAGER's Deliverables
PROGRAM MANAGER's deliverables, including record
drawings, are limited to the sealed and signed hard
copies. Computer-generated drawing files furnished by
PROGRAM MANAGER are for OWNER or others'
convenience. Any conclusions or information derived or
obtained from these files will be at user's sole risk.
6.16 Dispute Resolution
The parties will use their best efforts to resolve
amicably any dispute, including use of alternative
dispute resolution options. However such procedures
shall not be mandatory. All claims, disputes and other
matters in question between the OWNER and the
PROGRAM MANAGER arising out of orrelatingto the
AGREEMENT, or the breach thereof, shall be decided
in the Superior Court of Richmond County, Georgia.
The PROGRAM MANAGER, by executing this
AGREEMENT, specifically consents to venue in
Richmond County and waives any right to contest the
venue in the Superior Court of Richmond County,
Georgia.
6.17 Prompt Pay Act
This AGREEMENT is intended by the Parties to, and
does, supersede any and all provisions of the Georgia
Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In
the event any provision of this AGREEMENT is
inconsistent with any provision of the Prompt Pay Act,
the provision of this AGREEMENT shall control.
ARTICLE 7. ATTACHMENTS, SCHEDULES, AND
SIGNATURES
This AGREEMENT, including its attachments and
schedules, constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and
may only be changed by a written amendment executed
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by both parties. The following attachments and
schedules are hereby made 'a part' of this
AGREEMENT:
IN WITNESS WHEREOF, the parties execute below:
For OWNER,
dated this
Signature
Name (print
Title
Attachment A--Scope of Services
Attachment B--Com",ensatiora
s;gnatu~e998 ~~
Name (printed) &J:;.,. /f- -:.::t :z;;;;;;;:
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Title
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For PROGRAM MANAGER, CH2M HILL INC.,
dated this -z..3 r-d day of t1tV1 L ^-
Signature
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Name (printed)
Title
FOAM 398
REVISED 2/98
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Signature
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ATTACHMENT A - SCOPE OF SERVICES
This attachment is to the AGREEMENT between CH2M HILL, INC., ("PROGRAM MANAGER"), and
Augusta, Georgia, acting by and through the Augusta-Richmond County Commission, ("OWNER"), for
a PROJECT generally described as:
Program Management Services For Bond Issue Projects For The Augusta Utilities Department
ARTICLE 1. SCOPE OF SERVICES
PROGRAM MANAGER agrees to furnish OWNER the following specific services:
The PROGRAM MANAGER will assist the OWNER manage the planning, permitting, design, bidding, and construction
phase services for projects comprising the current bond issue. These projects will be designed by various engineering
firms (DESIGNERS) selected by the OWNER. These projects include:
W-1: Baffling and repiping of clearwells
W-2: Connect urban and suburban systems:
A. Interconnections at Gordon Highway/Olive Road; Norton Road; Barton Chapel/Milledgeville Road
B. Barton Chapel Road 20-in. water line
C. Doug Barnard Parkway 16-in. water line
D. Undesignated projects
W-3: Kimberly-Clark wellfield and 1 O-mgd treatment plant
W-4: New 60-in. raw water line
W-5: 1 MG elevated storage tank
W-6: Undesignated extensions to unserved areas
S-1: Site purchase for wetlands treatment system
S-2: Rae's Creek Sewer Replacement, phases I-IV
A. Phase I: Berkman Road to boy Scout Road
B. Phases II, III, IV
S-3: Spirit Creek Trunk Sewer Rehabilitation
S-4: Kimberly-Clark Trunk Sewer
S-5: Sewer Rehabilitation: Butler and Rocky Creek Sewers
S-6: Upgrade Industrial Trunk, Goshen Industrial to WWTP
S-7: Main Lift Station Rehabilitation
S-8: Mid City Supplemental Line
S-9: RCCI Trunk Sewer Extension
S-10: Lift Station and Force Main, Bennock Mill to International Drive
S-11: Odor Control at Messerly WWTP
S-12: Extensions to unserved areas
Form 398A
REVISED: 2/98
A. Highway 25 branch off R?CI Tru~k
B. 16-in. sewer line crossing Gordon Highway
C. Undesignated lines
The PROGRAM MANAGER will assist the OWNER in managing and executing the planning, design, bidding, and
construction phase services of any other projects, as directed by the OWNER.
To provide this assistance the PROGRAM MANAGER will function as an extension of OWNER'S staff and will provide
a core project team for program management, and supplement the core project team with additional staff, as
necessary, to accomplish work which requires additional assistance or specialized technical expertise. The Program
Management responsibilities of the PROGRAM MANAGER includes five major tasks of work, as follows:
Task 1 - Program Planning and Management
1.1: The PROGRAM MANAGER will provide Program Management services to assist the OWNER in the
management, monitoring, administration, and delivery of the program:
1.1.1: Prepare a Management Plan for obtaining, organizing, and managing the required resources and tools
to accomplish the program; provide overall program management to maintain project performance and
consistency; and function as an extension of the OWNER'S staff. The Management Plan will address efforts
for continuous contract administration, continuous monitoring of schedule, budget, and work quality, with
corrective action lists as needed, giving close attention to overall delivery of the projects.
1.1.2: Conduct an initial kick-off meeting with representatives of the PROGRAM MANAGER, DESIGNERS and
OWNER very early in the program to discuss the program objectives, procedures, PROGRAM MANAGER-
DESIGNER-OWNER interaction and communication, and information to be provided by the DESIGNER to the
PROGRAM MANAGER during the program.
1.1.3: Prepare a Program Delivery Analysis that outlines goals, objectives, schedules, specific project
groupings, budget/cash flow needs, issues and delivery approaches for the projects comprising the program.
1.1.4: Prepare a Work Plan and Master Schedule to manage program implementation. A master list of
activities will be compiled to determine schedule, cost, and resource needs. Priorities will be assigned to the
activities, and interrelationships will be identified so that key performance dates can be established. A cost-
loaded CPM-type Master Schedule which reflects key milestones and meets the goals and objectives will be
prepared. This schedule will be based upon project information provided to the PROGRAM MANAGER by the
DESIGNERS. This schedule will be updated through regular coordination meetings with the DESIGNERS and
OWNER where the schedule, quality, and financial aspects of the program will be reviewed. Monthly program
status reports will be prepared and submitted to the OWNER and copied to the DESIGNERS, as appropriate.
Specific problems and suggested methods for resolution will be presented directly to the Director of the
Utilities Department.
1.1.5: Prepare document control and quality assurance (a/A) protocols for use on the program. These
protocols will include correspondence, filing, standards for electronic document control, work documentation
and reporting. The PROGRAM MANAGER will monitor DESIGNER'S adherence to these protocols. If
requested by the OWNER, the PROGRAM MANAGER will develop an intranet (internal OWNER network)
Home Page for use as an electronic data base for providing project and management staff access to selected
project data.
1.1.6: Establish a Program Office in Augusta as set forth in Exhibit A, where most of the program work will be
performed, as appropriate.
1.1.7: Assist the OWNER in preparing and presenting Program status reports or other information, as
required, to the Engineering Services Committee and Augusta-Richmond County Commission.
1.2: The PROGRAM MANAGER will prepare a Partnering Plan for program participants. It is anticipated that
formal partnering between the DESIGNER, PROGRAM MANAGER, OWNER, and construction contractor
(CONTRACTOR) will be conducted for selected key projects. The PROGRAM MANAGER will arrange for and
coordinate such formal partnering activities.
Form 398A
REVISED: 2/98
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1.3: The PROGRAM MANAGER will develop standard General Conditions for use in construction contract
documents for the OWNER. The General Conditions will be based upon the Standard General Conditions of the
Construction Contract prepared by the Engineers Joint Contract Documents Committee, EJCDC with Supplementary
Conditions tailored to meet specific project, insurance and legal requirements of the OWNER. The OWNER'S legal
and insurance representatives will be included in the development of these documents. The PROGRAM MANAGER
will also prepare master technical specifications for work and equipment included in the most common construction
work by the OWNER including water lines, sewers, and pump stations. The specific items to be included will be
determined in work sessions with the OWNER.
1.4: The PROGRAM MANAGER will prepare water line, sewer, and pump station Design Guide Standards for use
. by the OWNER. The purpose of these Design Guide Standards will be to provide standardization of the design
concepts, layouts, equipment, and appurtenances for these type of projects.
1.5: The PROGRAM MANAGER will assist the OWNER in providing a community involvement and public
information program (CIP) on the bond issue program. The CIP will address the projects, benefits, schedules, and
costs of overall bond issue program and will include meetings, media communication, informational literature, and
other methods as developed in workshops with the OWNER'S staff. Additional community involvement and information
activities will be conducted to focus on specific projects having particular community impacts. These will be identified
by the OWNER. The PROGRAM MANAGER will prepare an internet (external network for citizen access) Home Page
about the bond issue program to be linked with the new City of Augusta Home Page.
1.6: The PROGRAM MANAGER will review scopes of work and fee estimates prepared by DESIGNERS for
projects included in the program, as requested by the OWNER, and provide the OWNER with comments on the
adequacy and appropriateness of the proposed work approach and fees.
Task 2 - Design Phase Services
2.1: The PROGRAM MANAGER will provide Value Engineering (V E) review of selected projects performed by the
DESIGNERS as requested by the OWNER. The VE review session will be conducted during the preliminary design
process at approximately the 30 percent completion point to help identify opportunities for savings in capital and Iife-
cycle costs while still achieving the project goals.
2.2: The PROGRAM MANAGER will provide technical oversight, review, and specialized consulting on selected
projects and technical issues, as requested by the OWNER.
2.3: The PROGRAM MANAGER will provide a constructability and bidability review of selected projects performed
by the DESIGNERS filS requested by the OWNER. The constructability and bidability review will be conducted during
the final design process at approximately the 60 percent completion point to help ensure the project is clearly
described and planned so that it can be bid with minimal contingencies and constructed in an efficient manner.
2.4: The PROGRAM MANAGER will review project construction cost estimates prepared by the DESIGNERS and
recommend to the OWNER the need for cost estimate updates by the DESIGNERS, as determined necessary. These
estimates will be used to provide continuous cost trending during design and construction to monitor overall program
costs and to enable the OWNER to manage changes in scope, cost, and schedule during the program.
2.5: The PROGRAM MANAGER will conduct periodic project review meetings with the DESIGNERS at key project
milestones to review the project status, drawings, technical issues, schedule, costs and plans for completing the
project. The results of these project review meetings will be summarized in reports submitted to the OWNER and will
include any recommendations for corrective measures or other actions by the OWNER.
2.6: The PROGRAM MANAGER will monitor the bidding process and include the successful bid price and
schedule in the program status updates. As requested by the OWNER, the PROGRAM MANAGER will assist the
OWNER and DESIGNER in performing the tasks described below:
The OWNER will obtain necessary permits and easements for construction, advertise the project, handle requests for
documents, maintain bidding lists, coordinate-responses by the DESIGNER to CONTRACTOR requests for
interpretation and clarification, issue addenda as needed, receive and verify contractor proposals, conduct bid
openings, make recommendations for award to the Commission, and process construction contracts.
Form 398A
REVISED: 2/98
3
The DESIGNERS will provide sufficient copies of the contract documents for bidding, provide responses to
CONTRACTOR requests for interpretation an'd clarification, attend bid openings, review bids, and make
recommendations of award to the OWNER.
2.7: The PROGRAM MANAGER will develop and conduct a minority business outreach and communication
program during bidding of projects. The purpose of this program will be to maximize the opportunities for minority
contractors, vendors, and suppliers to participate as prime or subcontractors on the program.
Task 3 - Construction Phase Services
3.1: On behalf of the OWNER, and as an extension of OWNER'S staff, The PROGRAM MANAGER will act as the
direct point of communication with the CONTRACTOR, the OWNER, and the DESIGNER during the construction
phase of the program.
3.2: The PROGRAM MANAGER will administer the construction contracts on behalf of the OWNER with input from
the DESIGNER. The PROGRAM MANAGER will conduct the pre-construction meeting, conduct periodic project
meetings and coordination meetings with the CONTRACTOR, OWNER, regulatory agencies, and other appropriate
parties as necessary; and make periodic construction site visits to assess the progress and status of the work. The
PROGRAM MANAGER will prepare monthly contract status reports; prepare correspondence with program entities;
maintain program files and records; assist with the preparation and negotiation of contract modifications; and provide
overall management and tracking of submittals.
The DESIGNER will attend and participate in the pre-construction meetings, review shop drawings and submittals,
review and make recommendations on progress payments, attend periodic project meetings and coordination
meetings with the CONTRACTOR, OWNER, regulatory agencies, and other appropriate parties as necessary, and
make periodic site visits to the construction site to review contractor compliance with the intent of the contract
documents.
3.3: The PROGRAM MANAGER will manage Change Orders and Claim Requests by the CONTRACTOR. This
will include verification of requests for interpretation, initiation of requests for interpretation when Resident Observation
staff identifies a need, coordination of responses from the appropriate reviewing parties, and recommendations to the
OWNER on the necessary actions.
The DESIGNER will have the primary role in reconciling requests for clarifications or interpretations and preparation of
contract modifications.
3.4: As requested by the OWNER, the PROGRAM MANAGER will provide Resident Observation staff to
supplement the Resident Observers provided by the OWNER. Duties of such Resident Inspection staff will include
routine inspection of work quality and progress; an assessment as to whether the work conforms to the requirements
of the contract documents; maintenance of a daily diary; documentation of deviations from the contract documents that
will need to be reflected in the record drawings; verification of field and installation conflicts identified by the
CONTRACTOR; assistance in problem resolution; final inspection and project close-out, and other field verification as
required.
3.5: The OWNER will provide materials testing services related to the construction.
3.6: The DESIGNER will prepare record drawings.
Task 4 - Start-up and Training
4.1: The PROGRAM MANAGER will conduct training of the OWNER'S staff on the proper operation, maintenance,
and performance testing for selected new facilities.
4.2: The DESIGNER will assemble vendor O&M materials arid prepare an O&M Manual as necessary for the new
facilities.
4.3: The PROGRAM MANAGER will provide Project Management Training for OWNER'S staff. This training will be
similar to the internal and external course being provided by the PROGRAM MANAGER which is based upon the
PROGRAM MANAGER'S textbook, Proiect Delivery - A System and Process for Benchmark Performance. Copies of
the textbook and additional training materials will be provided to the participants. To maximize the effectiveness and
Form 398A
REVISED: 2/98
4
economy of this training it may be beneficial for the OWNERS staff to participate in a session conducted in the area
with other internal or external students. .
4.4: The PROGRAM MANAGER will train OWNER'S staff with the use of all tools and systems turned over to the
OWNER upon completion of the program, including schedule, cost, document control, intranet, and internet
applications.
Task 5 - Additional and Special Services
5.1: The PROGRAM MANAGER will provide Additional or Special Services directed by the OWNER during the
program.
Form 398A
REVISED: 2/98
5
EXHIBIT A
to
ATTACHMENT A - SCOPE OF SERVICES
The OWNER will provide office space to house the core project team and additional staff, as required, in the map room
of the OWNER'S Operations Building, at 2822 Central Avenue. The PROGRAM MANAGER, core project team or
staff shall not perform any work from said office, or utilize such equipment, for any project other than as set forth in this
AGREEMENT. The OWNER will provide the necessary utilities including water, electric, heating and air conditioning,
phone installation and monthly local and long distance service, appropriate connections to the OWNER'S intranet
network, and security for the office. It is expected that the OWNER will provide suitable furnishings for the PROGRAM
MANAGER'S use. The necessary leases for computer and peripherals, software, and licenses necessary for
performing Program services will be provided by the PROGRAM MANAGER as a reimbursable project expense, and
will be turned over to the OWNER, as appropriate, upon completion of the Program. Connections to the OWNER'S
intranet will be subject to appropriate security restrictions as the OWNER determines necessary. The purchase of
computer programs to be used in the Program shall be coordinated with the OWNER, and shall be as mutually agreed.
Form 398A
REVISED: 2/98
6
~~
ATTACHMENT B - COMPENSATION
ARTICLE 2. COMPENSATION
Compensation by OWNER to PROGRAM MANAGER will be as
follows:
A. COST REIMBURSABLE-PER DIEM (TIME AND EXPENSE)
For services enumerated in ARTICLE 1, PROGRAM
MANAGER's Per Diem Rates, plus Direct Expenses, plus a
service charge of 10 percent of Direct Expenses and 5
percent of outside services, plus applicable sales, use,
value added, business transfer, gross receipts, or other
similar taxes.
Initial Per Diem Rates for 1997 and 1998 are:
1997 1998
Personal Per Diem Rate Per Diem Rate
Grade ($ per hour) ($ per hour)
EN7 150 156
EN6 113 117
EN5 103 108
EN4 87 91
EN3 73 76
EN2 62 64
EN1 61 63
TE5 82 85
TE4 61 64
TE3 52 54
TE2 46 48
TE1 44 46
Office/Clerical 44 46
FORM 3988.2
REVISED: 3/98
OWNER obligated to pay PROGRAM MANAGER beyond
these limits.
C. PER DIEM RATES
Per Diem Rates are those hourly or daily rates charged for
work performed on the PROJECT by PROGRAM
MANAGER's employees of the indicated classifications.
These rates are subject to annual calendar year
adjustments, which shall not exceed four percent per year;
include all allowances for salary, overheads and fees; but
do not include allowances for Direct Expenses and outside
services.
D. DIRECT EXPENSES
Direct Expenses are those necessary costs and charges
incurred for the PROJECT including, but not limited to:
(1) the direct costs of mail, special OWNER approved
PROJECT specific insurance, !etters of credit, bonds, and
equipment and supplies; (2) PROGRAM MANAGER's
current standard rate charges for direct use of PROGRAM
MANAGER's vehicles, computing systems, laboratory test
and analysis, printing and reproduction services, and certain
field equipment; and (3) PROGRAM MANAGER's standard
project charges for special health and safety requirements
of OSHA and telecommunications services.
The current charge for computing systems is $4.20 per hour
for employees working on the Program. It includes all
computer resources, including: computer systems for all
types of computers, computer software, networking (local
and wide area), printing, plotting, computer support,
computer supplies, and computer management and
administration. The computer charge will not be billed for
the time the PROGRAM MANAGER staff is working on
equipment or software furnished by the OWNER.
The charge for laboratory tests and analyses shall not
exceed those rates as approved for federal government
work. The current charge for printing and reproduction
costs, other than convenience copiers which are recovered
through the telecommunications charge, are shown on the
attached sheet. The current charge for special health and
safety requirements of OSHA is $2.00 per hour for those
employees who have been specially trained and for
telecommunications is $1.30 per hour for employees
working on the Program The telecommunications charge
will not be billed for the time the PROGRAM MANAGER
staff is working in Augusta.
The costs for transportation using rental vehicles shall not
exceed the actual cost of rental of a mid-size, 4-door
automobile, plus gasoline at the actual cost.
Reimbursement for use of a personal or PROGRAM
MANAGER's vehicle when in travel status for Program
work, shall not exceed the allowable federal rate for
mileage. Reimbursement for meals and lodging when in
travel status for Program work, shall be at the per diem
rates in the latest Federal Travel Regulations CONUS, for
Augusta (B97).
..
.,
A TT ACHMENT TO A TT ACHMENT B
CURRENT CH2M HILL RATES FOR REPROGRAPHICS
RPOPRO Production Copier PRODUCTION COPIER COPY $0.06
RPOLDC Large Document Copier ENG LRG DOC COP-SQFT b SQ.FT. $0.35
RPOCLR Color Copier COLOR COPIER COpy $0.90
RPOLIN Linotronic Printer LINOTRONIC PRINT -PGS PAGE $7.35
RPOPRS Layout and Printing Plate PRINTING PRESS-HRS · HOUR $5.10
RPOSCR High End Scanner SCANNER-COLOR-PGS SCAN $4.75
RPOBND Bindery REPRO BINDERY-HRS' HOUR $18.00
MGWDOCUMENT3
.
"J
Projects
Water
W-1
W-2A
W-2B
W-2C
W-2D
W-3A
W-3B
W-4
W-5
W-6
Sewer
S-1
S-2A
S-2B
S-2C
S-2D
S-3
S-4
S-5
S-6
S-7
S-B
S-9
S-10
S-11
S-12A
S-12B
S-12C
Augusta, Georgia - Capital Improvements Program - Bond Issue Projects
Specific Program Manager Scope for Individual Projects -- Revised 3/19/98
111
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X X X Kimberly-Clark Wellfield
X X X WTP
X X X X Cost, Sensitive areas
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,..,.", Hoc.')', Undesignated
X
Complete
X Phase I
X Phase II & III
X Phase IV
X Phase V
X X X Sewer Rehab & Plant
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X X Sewer Rehab
Odor cont. @ P .S. & accessblty
Sewer & WWTP Rehab
Downtown Line
X
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X X X Odor cont. @ WWTP
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:,i';; ....,-'1. ,.;:c."'.' ~'0 Undesignated
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X = Program Manager Responsibility
I';, ',', ,"I Responsiblity for services during construction by the Utilities Department'
* Provide one Resident Observer for approx. 17 months.