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HomeMy WebLinkAboutOMI AMENDMENT NO 12 AMENDMENT NO. 12 TO THE AGREEMENT FOR OPERA nONS, MAINTENANCE AND MANAGEMENT SERVICES FOR AUGUSTA, GEORGIA This AMENDMENT No. 12 to the Agreement date July 20, 1999 is made effective this 151 day of January, 2008 between Augusta, Georgia, a political subdivision of the State of Georgia, whose address for any formal notice is 530 Green Street, Room 801, Augusta Georgia 30911, Attention: City Administrator (hereinafter "Owner") and Operations Management International, Inc. (hereinafter "CH2M HILL OMI") with offices at 9193 South Jamaica Street, Suite 400, Englewood, Colorado 80112. NOW THRERFORE, Owner and CH2M HILL OMI agree to amend the Agreement as follows: 1. Article 2.34 is hereby deleted in its entirety and replaced with the following Article 2.34: 2.34 Provide, and document repairs as described in Appendix A.5, provided the total amount CH2M HILL OMI shall be required to pay does not exceed Three Hundred Twenty Four . Thousand One Hundred Ninety Two Dollars and No Cents ($324,192.00) during the ninth year of the Agreement (January 1,2008 through December 31, 2008). At such time that actual repair costs exceed the annual repairs limit, CH2M HILL OMI shall notify the Owner in writing. Repairs in excess of the annual repair budget will be invoiced at direct costs, with no markup for overhead or profit and will be included in the annual reconciliation of the contract. 2. Article 4.1 is hereby deleted in its entirety and replaced with the following Article 4.1: 4.1 For services rendered for the period January 1, 2008 through December 31, 2008, Owner shall pay to CH2M HILL OMI a base fee equal to the actual cost of services as provided in Article 4.3, which includes a Management Fee of One Hundred Eighty Three Thousand Eighteen Dollars and Four Cents ($183,018.04). Said Management Fee and Base Fee shall increase proportionally with Base Fee adjustments described in Article 4.4. 3. Article 4.3 is hereby deleted in its entirety and replaced with the following Article 4.3. 4.3 CH2M HILL OMI estimates that the cost for services for the period January 1, 2008 through December 31, 2008 shall be Seven Million Fifteen Thousand Six Hundred Ninety Two Dollars and No Cents ($7,015,692.00). Details of said costs are shown in Appendix K. The Base Fee shall be negotiated each year beginning 120 days prior to conclusion of the contract year. Should Owner and CH2M HILL OMI fail to agree, the Base Fee will be determined by the application of the Base Fee Adjustment Formula shown in Appendix F. ) 4. Article 4.8 is hereby deleted in its entirety and replaced with the following Article 4.8. 4.8 An administrative fee of twelve percent (12%) shall be added to all costs, Owner directed unrelated services as provided in Article 2.37, Owner-Directed Capital Improvement costs as provided in Article 2.39, and the management fee as provided in Article 4.1. It is specifically understood and agreed that such administrative fee is included in the Page 1 of3 calculation of the annual budget set forth in Article 4.3. The twelve percent (12%) administrative fee shall include all charges for personnel not assigned to the Project on a full-time basis i.e. those working in Augusta, Georgia, and approved as part of the Project budget. CH2M HILL OMI support is included in the Administrative Fee, and any requests for additional support is to be made to the Designated Representative. From time to time the CH2M HILL OMI Project Manager may seek approval from the Owners Designated Representative for additional CH2M HILL OMI staff as necessary to fulfill CH2M HILL OMI's contractual obligations, or in response to Owners request for additional services. 5. Appendix K is hereby deleted in its entirety and replaced with the attached Appendix K. This Amendment No. 12 together with the Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authoriz'ed representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. OPERA nONS MANAGEMENT INTERNA nONAL, INC. AUGUSTA, GEORGIA .p~ If" N",," ~ (!J. ~ Roger B. ~~ayle Senior Vice qes)<lent / c> Date: 0 ! O? 2-o0v ~ D~~~V~i" M . . ~ ayor I ",t.. \\ Date: if I it' .. ~:; ,. ::' ~,. ,,'; '- ?-! : . t:!} Clerl1. t;, 'i~~ .,,,/ jj .. &" ,..41 # 'q "G.~G;;; , av -~~ GEORG\~I:~ \.,,"~'"" ATTEST' "''',~ : ..\; -, ~ iii ~~lb Page 2 of3 Appendix K Estimated Costs 2008 Description Annualized Cost Labor and Benefits $ 2,251,002.00 Administrative $ 72,292.74 Equipment and Vehicle Expense $ 129,876.00 Biosolids Application $ 972,000.00 Training $ 22,524.00 Materials and Supplies $ 104,381.00 Chemicals $ 407,700.00 Outside Services $ 148,500.00 Power $ 1,418,134.00 Repairs $ 324,192.00 Miscellaneous $ Sub-total $ Overhead 12% $ 702,072.21 Management Fee $ 175,518.05 Sub-total $ Directors Allowance $ 250,000.00 Overhead 12% $ 30,000.00 Management Fee $ 7,500.00 Sub-total $ Total February 14, 2008 5,850,602 877,590 287,500 7,015,692