HomeMy WebLinkAboutHeery International, Inc.
Augusta Richmond GA
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TIME SPENT AGREEMENT
FOR
CONSTRUCTION PROGRAM MANAGEMENT SERVICES
BETWEEN
Augusta, Georgia
AND
HEERY INTERNATIONAL, INC.
May 6, 2004
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AGREEMENT BETWEEN OWNER
AND PROGRAM MANAGER
This AGREEMENT is between Reery International, Inc., ("PROGRAM MANAGER"),
and Augusta, Georgia, acting by the through the Augusta-Richmond County ("Owner")
Commission for a PROJECT generally described as: Program Management for the Capital
Improvements Plan.
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.
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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.
OBLIGATION 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 re-perform 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 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 othetwise, do not make PROGRAM MANAGER's personnel in
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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
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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 OWNERr
free and clear of liens, claims, security interests, or encumbrances; or that there are not other
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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 complied
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.
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
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motor vehicles, including on site 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 ofthe 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
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components of OWNER's facilities as may reasonably be required In connection with
PROGRAM MANAGER's services.
5.3 Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, 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
services 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, auditor, 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
observes or becomes aware of any development that affects the scope or timing of PROGRAM
MANAGER's Services, 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.
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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 Reery International, Inc. assumes no risk and/or liability for a
waste or hazardous waste site originated by other than Reery International, Inc.
5.7 Contractor Indemnification and Claims
5.7.1 OWNER agrees to include in all construction contracts the provisions of 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
polity.
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 services during construction:
5.8.1 Not used.
5.8.2 Not used.
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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 services. Such policy will include coverage for loss due to defects in materials
and 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 Services 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 Services 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 Services in this
AGREEMENT. If such changes affect PROGRAM MANAGER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment of
this AGREEMENT.
ARTICLE 6.
GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
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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 service 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, 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, PROJECT MANAGER will be paid for all authorized services
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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, reassignment of
personnel, 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 our 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
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and the entire AGREEMENT are binding on the heirs, successors, and assigns of the parties
hereto.
6.10 Consequential Damage
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 not brought within 2 years of substantial completion of the facility designed or
final 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
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Any items, substances, materials, or samples removed form 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
All claims, disputes and other matters in question between the OWNER and the PROGRAM
MANAGER arising out of or relating to 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. ~ 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.
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ARTICLE 7.
ATT ACHMENTS, SCHEDULES AND SIGNATURES
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written oral understandings, and may only be charged by a
written amendment executed by both parties. The following attachments and schedules are hereby
made a part of this AGREEMENT:
Attachment A-Scope of Service
Attachment B-Compensation
IN WITNESS WHEREOF, the parties execute below:
For OWNER, ~~, ~(A":8~
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Signature
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Title /~ Vice President
For PROGRAM MANAGER,
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ATTACHMENT A
SCOPE OF BASIC SERVICES
The City of Augusta is undertaking a project to convert the existing Municipal Building into a Judicial
Center. The completed facility will house all court related functions on a single site. These operations
include: Superior Court, District Attorney, State Court, Juvenile Court, Probate and other Courts,
Marshal's Office, and Victim's and Witness Assistance. Turner and Associates of Atlanta have been
selected as the design firm for this project. At the time that the RFQ was written, the project was in
the programming phase.
County administrative functions currently in the existing Municipal Building will have to be relocated
as a result of this project. In addition, there are new facilities being designed to house Public Works
and Utilities with the possibility of Planning and Zoning and License & Inspections to eventually be
relocated to the same site.
In addition to the aforementioned projects there are a number of other facility construction projects
under consideration. These include a New Main Library, Performing Arts Center, Civic Center, and
Exhibition Facility.
The City of Augusta (Owner) has hired Heery International, Inc. to fulfill the role of Program Manager
in assisting the Owner manage the planning, design, bidding and construction phase services for
projects that are approved by the Augusta Commission and for which funding becomes available.
Heery will assist the Owner in all respects during program development through construction and
occupancy. These services may include any of the following:
1. Program development;
2. Site selection;
3. Management of contractual negotiations with design firms;
4. Project budgeting and overall scheduling;
5. Building cost estimating and life cycle cost analysis;
6. Management of the selection of the general contractor through a select bid approach;
7. Managing of the selection of other required consultants;
8. Value engineering and cost management;
9. Contract review and assistance;
10. Cost and schedule control to assure the projects are completed on time and within budget;
11. Oversight of the construction phase;
12. Change order control;
13. Project commissioning including FF&E and move-in;
14. Interim space options; and
15. Project closeout.
Some of the tasks, which the City of Augusta may require from the Program Manager, are:
1. Meet with County representatives to review program history, initial thoughts, program
direction, consultant selection, and schedule.
2. Review initial overall program budget, including all hard and soft costs. Assist in preparation
of initial Master Schedule for the program.
3. Prepare a Program Management Plan, outlining the approach to the program. This document
shall be submitted to the Augusta Commission for approval.
4. Assist in negotiating the terms and fees, and administration of contracts for professional
Attachment Al
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services between the County and the selected firms.
5. Identify and assist in the selection of special Consultants such as environmental engineer,
geo-technical/material testing engineer, and Civil Engineer.
6. Assist in preparation of a master program schedule.
7. Set up project protocols, communication and information documents for the project. Organize
and schedule regular project meetings, and establish milestone dates.
8. Co-chair, on behalf of Augusta, all team meetings; prepare agendas and prepare meeting
minutes.
9. Handle the preparation, negotiations and execution of the contracts with the other
Consultants.
10. Review all invoices and pay requests associated with the project for contract compliance and
budgetary controls.
11. Prepare initial cost estimate from the architect's schematic design drawings. Make cost and
value engineering comments.
12. Prepare Life Cycle cost analyses of major building components.
13. Coordinate the work efforts of the project teams as the Project Manager/Owner's
Representative.
14. Maintain the Program Budget and Schedule with periodic updates.
15. Review design development documents for cost and value input.
16. Review construction documents for accuracy, coordination and completeness. However,
nothing in this Agreement will make Program Manager responsible for the accuracy or
adequacy of any part of the design documents, which will remain solely the Architect's
responsibility.
17. At various stages of design development and construction document preparation, prepare
cost estimates in such detail as appropriate given the stage of drawing completion and to
identify any cost problems.
18. Program Manager/Owner's Representative shall be responsible for maintaining the project
budgets and directing the project teams to take such action as necessary to keep the
approved budgets in line.
19. At the completion of the construction documents phase, manage the bidding phase to a
selected group of pre-approved general contractors.
20. Assist in issuance of bid documents, pre-bid conference, addenda, and receipt of bids.
21. Provide County with an analysis of bids. Prepare, negotiate and recommend execution of the
contract for construction with the low general contractor.
22. Make periodic oral reports to the Board of Commissioners, and prepare Monthly Project
Reports.
23. Review contractors' staging plan, schedule of values, and work plan and approve.
24. As Construction Manager act as the County's in~house construction specialist.
25. Provide a full time, on site Owner's Representative to coordinate the projects on the County's
behalf, and to be continually available for advice, counsel, and to answer questions of the
general contractor (in conjunction with the architect).
26. Administer the paper work flow at the jobsites.
27. Attend weekly jobsite meetings with the general contractors, subcontractors, and architects.
28. Provide site observation of the work, resolve construction issues, and approve minor
modifications of the work with the general contractor.
29. Review contractors' schedules, meet with contractors on a regular basis to review project
schedules and recommend corrective actions if necessary.
30. Assist the design firms in insuring project quality. Chair monthly pay request meetings.
31. Review change order proposals, and manage the change order process to minimize cost and
time delays.
Attachment A2
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32. Maintain jobsite files, drawings, records, and files.
33. Review shop drawings, material samples, color boards, mockups, etc.
34. Coordinate the furniture, fixtures, and equipment for the buildings that are not a part of the
general contractor's work. This will include taking proposals for FF&E and handling contracts.
35. Prepare punch lists, and close out the projects.
The Scope of Work is further based on the following Clarifications and Conditions:
1. Day to day support for the Program Manager and their staff is to be provided by the Owner
including office space for the Program Manager and their staff, utilities, telephone, Internet
access, and access to the copier and fax machine. This would also include computers,
printers, scanners, digital cameras, etc. These costs are not included in the estimated
reimbursable expenses included in the contract amount.
In order to make use of existing relationships/ contracts between the Owner and its regular
suppliers/ vendors, the Program Manager shall coordinate with the Owner to purchase
through the Owner all items and services deemed "reimbursable expenses", so far as is
practicable. The Program Manager shall, prior to incurring any expense for a reimbursable
expense, coordinate with the Owner's designee for all acquisitions of physical item(s) deemed
to be a "reimbursable expense".
Title and ownership of any tangible property (including but not limited to software and
licenses) provided by the Owner for the Program Manager's use or for which the Program
Manager is reimbursed shall vest in the Owner and the Program Manager shall surrender the
same to the Owner upon the termination or completion of this Agreement.
2. The Owner's review of the design documents during the design phase and construction
phases of the projects are not intended to stop all activities by the Program Manager. The
Program Manager may proceed with any tasks that will move the Projects forward without
requiring rework.
3. The Program Manager is to determine the need for full time representation on a Project based
on the perceived complexity of the Project. The Program Manager can assign multiple
Projects to a Project Manager provided that the level of service in not compromised.
4. It is the intent of the Owner to have the Projects listed in Phase I and II completed within the
five-year duration (assuming that the two (2) one year extensions are entered into) of this
contract. The Projects indicated in Phase III will enter the programming and conceptual
design phase during the final year of this contract. However, the Owner reserves the right to
unilaterally cancel or change the schedule and/or budget associated with any single project or
the overall program.
5. The proposed level of staffing is based on the following budgets for the projects indicated:
Attachment A3
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Phase I Projects Quantity Unit Total Budget
Judicial Center 320,000 SF $ 225.00 $ 72,000,000
Traffic Control Center/Public Works 50,000 SF $ 120.00 $ 6,000,000
Utilities/Public Works Complex 65,000 SF $ 120.00 $ 7,800,000
Phase II Projects
Administration Building 160,000 SF $ 150.00 $ 24,000,000
Main Library 110,000 SF $ 225.00 $ 24,750,000
License and Inspection/Planning and Zoning 20,000 SF $ 120.00 $ 2,400,000
Jail Pods 1 LS $ 8,000,000
Phase III Projects
Performing Arts Center 2,400 Seats $ 15,000.00 $ 36,000,000
Civic Arena 1 LS $ 12,000,000
Exhibit and Trade Center 50,000 SF $ 225.00 $ 11,250,000
$ 204,200,000
If there are other Projects added or deleted tot from this list and/or if the individual projects on
the list exceed or are reduced in the total scope indicated, this may require an adjustment to
the contract amount because additional or reduced staffing may be required to complete the
Scope of Services. If the priorities of the Projects change from this schedule, this may also
require an adjustment to the contract amount, because additional or reduced staffing may be
required to complete the Scope of Services. Should the priorities of the Projects, additions or
deletions to the list of projects, or significant additions or reductions in the scope of the
projects occur, then these changes will be established by amendment to this Agreement.
6. The contract not to exceed amount was developed based upon the expectation that the scope
of services would include the cost to prepare four (4) independent cost estimates (Schematic
Design, Design Development, 60% Construction Document and 100% Construction
Document) for the Projects indicated in Phase I; and five (5) independent cost estimates
(Concept Design, Schematic Design, Design Development, 60% Construction Document and
100% Construction Document) for the Projects indicated in Phases II. The contract includes
one (1) independent cost estimate at Concept Design for the Projects indicated in Phase III.
Design Reviews will be provided along with each of these estimates. Should this scope of
service change then the new scope of service will be established by amendment to this
Agreement.
7. The contract excludes Pre-Design Services for those Projects in Phase I that have already
begun. The contract excludes Design Phase and Construction Phase Services for the
Projects in Phase III.
8. The contract provides an Hourly Billing Rate Schedule for the proposed staff. The contract is
based on a not-to-exceed contract amount to be invoiced on a time-spent basis (including
reimbursable expenses) as set forth above.
9. Any additional services requested beyond the scope of work indicated will be billed at the
hourly rates included in the Hourly Billing Rate Schedule.
10. The initial term of the contract is for three (3) years. There are two (2) additional one (1) year
options to be exercised at the discretion of the Owner.
Attachment A4
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ATTACHMENT B
COMPENSATION
1. Personnel assigned to the Project by the Program Manager will be billed to the Owner for
time spent during the billing period at the following Hourly Billing Rates:
2003 Billirg 2004 Billirg 2005 Billirg 2000 Billirg 2fYJ7 Billirg 2008 Billirg
Position Rate Rate Rate Rate Rate Rate
Project Director $ 140.46 $ 146.08 $ 151.92 $ 158.00 $ 164.32 $ 170.89
Principle in Olarge $ 162.16 $ 168.65 $ 175.39 $ 182.41 $ 189.71 $ 197.29
Project Executive $ 162.16 $ 168.65 $ 175.39 $ 182.41 $ 189.71 $ 197.29
Program/Project Manager $ 107.28 $ 111.57 $ 116.03 $ 120.67 $ 125.50 $ 130.52
Project Manager $ 87.32 $ 00.81 $ 94.44 $ 98.22 $ 102.15 $ 106.24
Proiect $ 87.32 $ 00.81 $ 94.44 $ 98.22 $ 102.15 $ 106.24
Construction Inspector $ 82.33 $ 85.62 $ 89.05 $ 92.61 $ 96.31 $ 100.17
Construction Inspector $ 82.33 $ 85.62 $ 89.05 $ 92.61 $ 96.31 $ 100.17
Construction Inspector $ 82.33 $ 85.62 $ 89.05 $ 92.61 $ 96.31 $ 100.17
Technical Advisor $ 98.30 $ 102.23 $ 106.32 $ 110.57 $ 114.99 $ 119.59
Technical Advisor $ 95.55 $ 99.37 $ 103.35 $ 107.48 $ 111.78 $ 116.25
Community Uason $ 162.16 $ 168.65 $ 175.39 $ 182.41 $ 189.71 $ 197.29
Scheduler $ 72.60 $ 75.50 $ 78.52 $ 81.66 $ 84.93 $ 88.33
Mministrative Assistant (f-bme Office) $ 44.91 $ 46.70 $ 48.57 $ 50.51 $ 52.53 $ 54.64
Olief Estimator $ 108.02 $ 112.35 $ 116.84 $ 121.51 $ 126.37 $ 131.43
Cost Estimator Architectural) $ 95.55 $ 99.37 $ 103.35 $ 107.48 $ 111.78 $ 116.25
Cost Estimator Civil/Structural) $ 89.31 $ 92.89 $ 96.60 $ 100.47 $ 104.48 $ 108.66
Cost Estimator fv1echanical ) $ 83.08 $ 86.40 $ 89.86 $ 93.45 $ 97.19 $ 101.08
Cost Estimator E1ectri cal) $ 83.08 $ 86.40 $ 89.86 $ 93.45 $ 97.19 $ 101.08
DesiQn Reviev.ers $ 104.78 $ 108.97 $ 113.33 $ 117.87 $ 122.58 $ 127.48
CommissioninQ $ 112.27 $ 116.76 $ 121.43 $ 126.28 $ 131.34 $ 136.59
rvbve Management $ 82.33 $ 85.62 $ 89.05 $ 92.61 $ 96.31 $ 100.17
Mministrative Assistant (On Site) $ 42.41 $ 44.11 $ 45.87 $ 47.71 $ 49.62 $ 51.60
Note: The Heery Team including the Consultants (Dukes, Edwards, and Duke) for the project
will be billed at the appropriate hourly rates included in the Billing Rate Schedule. The cost
for the Heery Team including these Consultants is included in the NTE contract amount.
2. Reimbursable Expenses will be billed at actual cost. Reimbursable Expenses include but are
not limited to:
a. Transportation and living expenses when traveling in connection with the project
(subject to Owner's standard per diem schedules, if any. If the Owner's standard per
diem rate is uncertain concerning the Augusta/ Richmond County area, then the
Program Manager shall be entitled to charge the per diem rate set forth in IRS
regulations for the Aiken, South Carolina area).
b. Telecommunications made in connection with the Project including cellular telephones
and monthly service charges.
c. Reproduction, handling, postage, and shipping of Project related documents and
materials.
d. Electronic data processing time, service and equipment rental.
e. Reasonable relocation costs of managers/ directors and inspectors and their
immediate families to and from the Project area (subject to an agreement lifetime
maximum charge of $75,000.00)
Attachment B 1
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f. Reasonably incurred temporary living expenses of employees assigned to the Project
(subject to Owner's temporary living expenses and!or per diem schedules, if any).
g. On-site office expenses including telephones, utilities furniture, equipment and
supplies.
h. Equipment used in conjunction with the Project such as, computers, printers, and
scanners, fax machines, etc.
3. The following provides a breakdown of the Not-to-Exceed Contract Amount:
Phase
Not-to-Exceed Amount
estimated reimbursables)
Initial Contract (first 3 years)
Option Year 1
Option Year 2
Total
$4,108,964
$1,579,349
$1,394,041
$7,082,354
4. The following provides an estimated cost breakdown by Project:
Program Management
Judicial Center
Public Works
Administration Building
Main Library
License and Inspection/Planning and Zoning
Jail Pods
Performing Arts Center
Civic Arena
Exhibit and Trade Center
Estimated
Labor Fee
$ 669,444
$ 1,794,739
$ 630,284
$ 1,291,692
$ 848,405
$ 318,851
$ 804,629
$ 55,260
$ 380,966
$ 42,594
$ 6,836,864
Estimated
Expenses
$ 91 ,706
$ 44,949
$ 15,372
$ 32,259
$ 21 ,188
$ 7,963
$ 20,095
$ 1,380
$ 9,514
$ 1,064
$ 245,490
(includes
Estimated
Total
$ 761,150
$ 1,839,688
$ 645,656
$ 1,323,951
$ 869,593
$ 326,814
$ 824,724
$ 56,640
$ 390,480
$ 43,658
$ 7,082,354
These estimated cost breakdowns are subject to change. These estimated cost breakdowns
are also subject to change based upon changes in the actual schedule and!or scope
associated with each project, as approved by the Owner. At the time this Agreement is
entered into it is not the intent of the Program Manager in providing these budgets to limit or
set the Program Manager's funding by Project. The above estimated cost breakdown by
Project merely provides a beginning point to be later ratified or changed by the Owner.
However, the Program Manager recognizes that it shall be entitled to payment for the total
scope of services set forth in this Agreement of an amount not exceed $7,035,711.00
assuming that the scope of services! sequence of projects assumed in entering into this
Agreement does not significantly increase.
Attachment B2
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Attachment 82
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