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HomeMy WebLinkAboutOMI AMENDMENT NO 13 AMENDMENT NO.13 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR AUGUSTA, GEORGIA This AMENDMENT No. 13 to the Agreement date July 20, 1999 is made effective this 1 st day of January, 2009 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 AppendixA.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 tenth year of the Agreement (January 1,2009 through December 31, 2009). 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 1,2009 through December 31, 2009, 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 Eight Thousand Five Hundred Eleven Dollars and Thirty Six Cents ($188,511.36). 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, 2009 through December 31, 2009 shall be Seven Million Five Hundred Thirteen Thousand Seven Hundred Sixty Eight Dollars and Eighty Cents ($7,513,768.80). Details of said costs are shown in Appendix K. The Base Fee shall be negotiated each year beginning 120 days prior to conclusion to 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. Appendix K is hereby deleted in its entirety and replaced with the attached Appendix K. This Amendment No. 13 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 Page 1 of3 force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. OPERATIONS MANAGEMENT INTERNATIONAL, INe. AUGUST A, GEORGIA ~y\~ NatalIe Eldredge Vice President Date: ~ rFt cJ ~-<t . VL David S. Copenhaver Mayor I ~~ ::~: Iv ~ / ~a/ ~~/~ ~ "j, '" ~.. <. f: ~'~'~ \~ -,.-'" · t1.,. ";', rt,,;..:.... '~,. ;Z ~~~;; . 'rh.r~:~~t:!~J.'W}:); /~ rs 0/ P4i1 ~ Page 2 of3 Description Labor and Benefits Administrative Equipment and Vehicle Expense Biosolids Application Training Materials and Supplies Chemicals Outside Services Power Repairs Miscellaneous Sub-total Overhead 12% Management Fee Sub-total Directors Allowance Overhead 12% Management Fee Sub-total Total Appendix K Estimated Costs 2009 Annualized Cost $ 2,042,194.00 $ 83,146.00 $ 133,256.00 $ 1,333,332.00 $ 32,018.00 $ 107,422.00 $ 468,432.00 $ 153,400.00 $ 1,606,320.00 $ 324,192.00 $ $ 754,045.44 $ 188,511.36 $ 250,000.00 $ 30,000.00 $ 7,500.00 Page 3 of3 $ 6,283,712.00 $ 942,556.80 $ 287,500.00 $ 7,513,768.80