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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..\ -; " ~ ~. -.... ~ i-/ ..' 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 ~ ., ... 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 ~' 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. 2 :;. -.. 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, 3 :I ~. 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 4 :; ..,. 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;;;;;;;: [1 LEPk' iJ-F r;; #J /J1 /S5 t9J( Title '1/. tYt'Y- ~ - /J I Il, [)-rU..I-r leS P,;;-p-r. ~ For PROGRAM MANAGER, CH2M HILL INC., dated this -z..3 r-d day of t1tV1 L ^- Signature ~~~ ( t1/t B.::ie f ,II tL( ~, ~111:::::- . Name (printed) Title FOAM 398 REVISED 2/98 '9~8 Signature Name (printed) aY-e Title .:7}-cfJ1/'.c?....... ,/??~r'1"'''Jer 5 :; 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 2 -,- 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 ;: Q) 'S: Q) a: Q) ,~ Q. ~ :c c: - c: Cl c: 0 ;: c: ~ C'll 0 Q) 0 u ;; Cl - ;; Q) iij '-= - E c: en 'S: 111 U U c: C'll u ;: Q) :c ::::I ::::I Q) '-= Q) > c: Q) 'c Q) ... ... Cl Q) 'C ... Cl a: Q) c: C'll - - 'iij Q) Q) 111 111 C'll c: 'iij .c 'S: ::::I '0, 'C c: c: c: 1:: c: Q) 111 Q) U Q) :2 .!!! .c Q) Q). Q) a: C'll c: 0 0 C'll C'll c. a: 0 Comments 0 u.. t- > W lD 0 0 :!: c. ojc _x ClearwellBafflin9 Complete ., H Const. contract awarded ", .F ''''. ;;:;" .):,;: :. ., '-;-'. '., Undesignated X X X Kimberly-Clark Wellfield X X X WTP X X X X Cost, Sensitive areas :2J\.: ;'.'. ;", I'.". , I"'.:::: Early input, Tank alts. ,..,.", Hoc.')', Undesignated X Complete X Phase I X Phase II & III X Phase IV X Phase V X X X Sewer Rehab & Plant ....,.'/{"~.~ X X Sewer Rehab Odor cont. @ P .S. & accessblty Sewer & WWTP Rehab Downtown Line X ". " " :",."" ,', ' . , " X X X X : ':', ;' X X X X X X X X [+:\ ,': ,r;:,.::..'" :,:' ',:"":': X Odor cont. @ P,S, & accessblty X X X Odor cont. @ WWTP ':':::'",..';'" -== "",',' ',,' :,,;,.:,' ':,,' -.,v, 1""7',~ Under construction :,i';; ....,-'1. ,.;:c."'.' ~'0 Undesignated :'; ,"" ,,",', '. , X = Program Manager Responsibility I';, ',', ,"I Responsiblity for services during construction by the Utilities Department' * Provide one Resident Observer for approx. 17 months.