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HomeMy WebLinkAboutCH2 MHill Amendment #7 Augusta Richmond GA DOCUMENT NAME: C 11 ;;I.1't\ Hl LL- Ii "" ",.vI;) l'\ liS""'T -# 7 DOCUMENT TYPE: ~~ ((.. ~E (f) ~J YEAR: [;)00 S- BOX NUMBER: ~4 FILE NUMBER: \ I S-~S- NUMBER OF PAGES: dD , ' CH2MHILL AMENDMENT 7 to STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AMENDMENT 7 to STANDARD AGREEMENT FOR PROFESSIONAL SERVICES is between CH2M HILL INC., 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 This AMENDMENT 7 is to the AGREEMENT between CH2M HILL INC. ("PROGRAM MANAGER"), and The Augusta-Richmond County Commission ("OWNER"), Dated April 6, 1998, for a PROJECT generally described as: Program Management Services for 2004 Series Bond Issue Projects for the Augusta Utilities Department The purpose of this AMMENDMENT 7 is as follows: furnish specific services that are in addition to those outlined in AGREEMENT or previous amendments of AGREEMENT. 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 No changes. ARTICLE 4. OBLIGATIONS OF PROGRAM MANAGER No changes ARTICLE 5. OBLIGATIONS OF OWNER No changes ARTICLE 6. GENERAL LEGAL PROVISIONS No changesAdd: "6.18 Employees. During the term of this Agreement and for a period of one year after Substantial Completion of the Project, neither party shall hire any employee of the other party without the prior written consent of both parties." ARTICLE 7. ATTACHMENTS, SCHEDULES, AND SIGNATURES This AMENDMENT, including its attachments and schedules, constitutes the entire AMENDMENT to AGREEMENT, supersedes all prior written or oral understandings, and may only be changed 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 Services Attachment B- Compensation Attachment C- Key Personnel and Subcontract IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: AUGUSTA, GEORGIA (OWNER) J~ BY NIt~l~ PRINTEQ}NAM{! ~ v NG ....~. '-- ..... _. " CH2M HILL (PROGRAM MANAGER) ~~--; , 1" rliei,., ~ - " ,<;.;, -, - :: '- ,I, ".,-... _~1 f25 D{\TE:' ,,\ ' - ~ A~~ESS FOR GIVING NOTICES: O/-.,~ /Jtit~ Uf{ I~r: ~f. '3Coo (Jh<t ~f (0'<.4 I 0 lfitJutf!ti-) G7 (30 r d L- TITLE: (dI1ft ,f;f",6N BY~ PRINTED NAME: bf!..-rri >>/~~ VI {!p-- ?r}. >;/ cI ~ ;;;; / ~/Ob " DATE: ADDRESS FOR GIVING NOTICES: 115 Perimeter Center Place N,E. _Suite 700 Atlanta, GA 30346-1278 2 ATTACHMENT A - SCOPE OF SERVICES This attachment is to AMENDMENT 7 to STANDARD AGREEMENT FOR PROFESSIONAL SERVICES 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 2004 Series 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 with planning, permitting, and support services related to the bond projects; and assist in the management of design, bidding, and construction phase services for 2004 Series Capital Improvement Program projects planned to be completed by December 31, 2009. These projects will be designed by various engineering and/or architectural firms (DESIGNERS) selected by the OWNER. Neither the PROGRAM MANAGER nor any of it's affiliate companies will furnish design or construction for these projects, 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: Update the 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: 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. 1.1.3: 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 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. Specific problems and suggested methods for resolution will be presented directly to the Director of the Utilities Department or his designee. 3 1.1.4: Prepare document control and quality assurance (Q/A) protocols used on the program for transition to the OWNER'S staff, These protocols will include correspondence, filing, standards for electronic document control, work documentation and reporting. 1,1.5: Assist the OWNER in preparing and, when requested, presenting Program status reports or other information, as required, to the Engineering Services Committee and/or Augusta-Richmond County Commission. 1.2: The PROGRAM MANAGER will assist the OWNER in providing a community involvement and public information program (PIP) on the completed and planned bond issue program. The PIP will address the projects, benefits, schedules, and costs of overall Master Plan 2000 bond issue program completed at the midway (2005) stage and what is anticipated over the next 5 years. This may 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 when requested by the OWNER. 1.4: 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 review of projects performed by the DESIGNERS as requested by the OWNER. The reviews will be conducted at approximately the 30, 60 and 90 percent completion stages. The PROGRAM MANAGER will provide constructability and bidability reviews during the design process at approximately 60 percent completion. 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 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. 2,4: 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. 2,5: 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. The DESIGNERS will provide sufficient copies of the contract documents for bidding, provide responses to CONTRACTOR requests for interpretation and clarification, attend bid openings, review bids, and make recommendations of award to the OWNER. 2.6: 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, 4 Within 30 days of the execution of this Seventh Amendment to the contract between the Program Manager and Owner, Program Manager shall: 2.6.A: Provide Owner historical information since January 1, 2003 showing payments to contractors, subcontractors, material vendors and other construction service providers which are local, minority owned, or women owned. A local contractor, sub-contractor, material vendor or service provider is defined as one having an office in Augusta-Richmond County, Georgia or any county contiguous to Augusta-Richmond County. Said information shall include the name and address of the recipient of said payment. 2.6.B: Provide Owner a report showing unexpended funds available for minority business outreach. 2.6.C: The parties recognize there can be no "set aside" of work to local, minority owned, or women owned businesses and therefore, Program Manager shall provide Owner a plan showing Program Manager's goal of sub-contracting twenty percent (20%) of its work to contractors, subcontractors, material vendors and other construction service providers which are local, minority owned, or women owned businesses. Local, minority owned, or women owned businesses status shall be shown by said entities to Owner as it may reasonably request. 2.6.0: Provide monthly reports showing the involvement by task of local, minority owned and women owned business in the services provided by Program Manager in it's administration of 2004 series bond issue projects. Program Manager may report through an electronic reporting system either by purchase order or other electronic method sent through the Finance Department and organized by line item or task as established by Program Manager and Owner. Said report shall include all expenditures, amendments and change orders and show beginning and ending balances throughout the contract time. 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: At the request of OWNER, 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, 3.2.A: Program Manager shall include in its request for payments during the contract period, a report by task of the extent of completion of each task shown in the contract by percentage and budgetary amount 3.2.B: Program Manager shall appoint a liaison to assist City of Augusta's departments including, but not limited to Purchasing, MBE/DBE Coordinator, Utilities, Public Works and Board of Commissioners to assist Augusta in establishing, tracking and monitoring Program 5 Manager's progress towards the goals hereinabove agreed upon as to both the time of the contract and the contract dollar amount. Said liaison as of the date of this Amendment NO.7 is Mr. Anthony R. Johnson as indicated in Attachment C. 3.2.C: Audits and Inspectors. At any time during normal business hours and as often as the Owner may deem necessary, the Program Manager shall make available to the Owner and/or audit representatives of the Owner for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the Owner and/or representatives of the audit, to examine and make copies, excerpts or transcripts from such records of personnel, conditions or employment and other data relating to all matters covered by this Agreement. 3.2.0: The Program Manager shall maintain all books, documents, paper, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at reasonable and mutually agreeable times during the period of the Agreement, and for three years from the date of the final payment under the Agreement or for the period of time required by governing laws, for inspection by the Owner or any reviewing agencies, and copies thereof shall be furnished upon request. The Program Manager agrees that the provisions of Article shall be included in any Agreements it may make with any subcontractor, assignee or transferee. 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 PROGRAM MANAGER will provide Project Management Training and Supervisory Level Training for OWNER'S staff. To maximize the effectiveness and 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. The PROGRAM MANAGER will also 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 The PROGRAM MANAGER will provide Additional or Special Services directed by the OWNER during the program including but not limited to the following: 5.1: Document and Information Management System Development Assistance 6 5.2 W&S Rate Management Implementation Phase II 5.3: Business Plan Phase III - Division Structures 5.4: Master Plan 2005 (Update to Master Plan 2000) 5.5 Hydraulic Water Model modification and expansion 5,6 NPDES Construction Stormwater Permit Compliance 7 ATTACHMENT B - COMPENSATION ARTICLE 2. COMPENSATION Compensation by OWNER to PROGRAM MANAGER will be as follows: A. COST REIMBURSABLE-PER DIEM (TIME AND EXPENSE) No Changes B. BUDGET A budgetary amount of $8,250,000 (Eight Million, Two Hundred and Twenty-five Thousand Dollars), excluding taxes, is hereby established for the Amendment 7 additional services defined in Attachment A. The budget amount for any additional services not listed in ARTICLE 1 will be established by further amendment to this AGREEMENT. The initial term of this Amendment 7 is for two (2) years. There are three (3) additional one (1) year options to be exercised at the discretion of the Owner. The estimated budgeted breakdown is as follows: Initial term (2 years) $4,600,000 Option Year 1 (1 year) $1,350,000 Option Year 2 (1 year) $1,300,000 Option Year 3 (1 year) $1,000,000 PROGRAM MANAGER will make reasonable efforts to complete the work within the budget and will keep OWNER informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. PROGRAM MANAGER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is OWNER obligated to pay PROGRAM MANAGER beyond these limits, C. PER DIEM RATES No Changes D. DIRECT EXPENSES No Changes E. DIRECT EXPENSES 8 I 2004 Series Program Budget Estimate for Program Management Tasks Task Number and Task Budaet $ Task 1.1.1 - Management Plan 31,861 Task 1.1.2,3 . Program Delivery Analysis, Work Plan, and Master Schedule 282,085 Task 1.1.4 - Document Control and Quality Assurance 177 ,239 Task 1.1.5 - Special Program Status Reports 103,550 Task 1.2 - Community Involvement - Public Information Program 129,332 Task 1.4 - Scope and Fee Reviews 73,617 Task 2.1 - Technical Reviews 539,811 I Task 2.2 - Specialized Consulting and Technical Oversight 412,694 I Task 2.3 - Construction Cost Estimates 62,932 I Task 2.4 - Periodic Reviews 327,710 I Task 2.5 - Bid Services 56,014 I Task 2.6 - Minority Business Outreach 22,262 I Task 3.1,2,3 - Construction Management & Administration 1,785,323 I Task 3.4,5 - Resident Observation 2,921,614 Task 4 . Start-up and Training 333,249 Task 5 - Support Tasks MS Document and Information Management System 190,661 RM Rate Management 18,314 BP Business Support Services 102,357 MP Master Plan 2005 77,117 MD Water Model 387,597 SW Permit Compliance 214,662 Total Budget for ALL ELEMENTS $8,250,000 Budget as Percent of Program Cost 4.3% TOTAL PROGRAM COST(including both bond and revenue generated funds) $189,695,274 Budget for Traditional PROGRAM MANAGEMENT Tasks $3,804,928 Budget as Percent of Program Cost 2.0% I 9 ATTACHMENT C - LISTING OF KEY PERSONNEL AND SUBCONTRACTING KEY PERSONNEL PROGRAM MANAGER shall provide qualified personnel to perform its work. The list of key personnel below will not change or be reassigned without the written approval of the OWNER. Those key personnel committed for this work are as follows: Lawrence (Larry) R. Scott Program Manager George R. (Bob) Davis Construction Manager Anthony (Tony) R. Johnson MBD/OBE Liaison James (Jim) W, Rush Lead Program Project Engineer SUBCONTRACTING The PROGRAM MANAGER shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the OWNER's prior written approval of the subcontractor. The OWNER will not approve any subcontractor for work covered by this Agreement that has not been recommended for approval by the PROGRAM MANAGER. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 10 .- CH2MHILL AMENDMENT 7 to STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AMENDMENT 7 to STANDARD AGREEMENT FOR PROFESSIONAL SERVICES is between CH2M HILL INC" 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 This AMENDMENT 7 is to the AGREEMENT between CH2M HILL INC. ("PROGRAM MANAGER"), and The Augusta-Richmond County Commission ("OWNER"), Dated April 6, 1998, for a PROJECT generally described as: Program Management Services for 2004 Series Bond Issue Projects for the Augusta Utilities Department The purpose of this AMMENDMENT 7 is as follows: furnish specific services that are in addition to those outlined in AGREEMENT or previous amendments of AGREEMENT. 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 No changes, ARTICLE 4. OBLIGATIONS OF PROGRAM MANAGER No changes ARTICLE 5. OBLIGATIONS OF OWNER No changes ARTICLE 6. GENERAL lEGAL PROVISIONS No changesAdd: "6.18 Employees, During the term of this Agreement and for a period of one year after Substantial Completion of the Project, neither party shall hire any employee of the other party without the prior written consent of both parties," ARTICLE 7. ATTACHMENTS, SCHEDULES, AND SIGNATURES This AMENDMENT, including its attachments and schedules, constitutes the entire AMENDMENT to AGREEMENT, supersedes all prior written or oral understandings, and may only be changed 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 Services Attachment B- Compensation Attachment C- Key Personnel and Subcontract , i IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: AUGUSTA, GEORGIA (OWNER) CH2M HILL (PROGRAM MANAGER) 4fi' BY "~h~~ BY~~ r /11t'1dR \ PRINTED NAME: <:) t.( tJ c;.. PRINTED NAME: Wr-/-P ,d~ ,jrGIT ~ <,< ,:' . ~ " TITLE, VI ~ PYJ"iP'cI ~ JjJ- ~~~~.' ,~..' f:..~-.., I ~_Q)b'V"ccS5Io~ / DATE:~ :~'w:~r.ar::tD~ DATE: d, cr- j06" ADDR~S"FOR ~1v1~&NOTICES: ADDRESS FOR GIVING NOTICES: Q-Vl"'.. ~:~() -t~:h'.r IIrfrt 115 Perimeter Center Place N.E. , ., . . _Suite 700 Atlanta, GA 30346-1278 2 ATTACHMENT A - SCOPE OF SERVICES This attachment is to AMENDMENT 7 to STANDARD AGREEMENT FOR PROFESSIONAL SERVICES 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 2004 Series 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 with planning, permitting, and support services related to the bond projects; and assist in the management of design, bidding, and construction phase services for 2004 Series Capital Improvement Program projects planned to be completed by December 31, 2009, These projects will be designed by various engineering and/or architectural firms (DESIGNERS) selected by the OWNER. Neither the PROGRAM MANAGER nor any of it's affiliate companies will furnish design or construction for these projects, 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: Update the 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: 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. 1,1.3: 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 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. Specific problems and suggested methods for resolution will be presented directly to the Director of the Utilities Department or his designee, 3 1.1.4: Prepare document control and quality assurance (Q/A) protocols used on the program for transition to the OWNER'S staff. These protocols will include correspondence, filing, standards for electronic document control, work documentation and reporting, 1.1,5: Assist the OWNER in preparing and, when requested, presenting Program status reports or other information, as required, to the Engineering Services Committee and/or Augusta-Richmond County Commission. 1.2: The PROGRAM MANAGER will assist the OWNER in providing a community involvement and public information program (PIP) on the completed and planned bond issue program, The PIP will address the projects, benefits, schedules, and costs of overall Master Plan 2000 bond issue program completed at the midway (2005) stage and what is anticipated over the next 5 years, This may 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 when requested by the OWNER. 1.4: 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 review of projects performed by the DESIGNERS as requested by the OWNER. The reviews will be conducted at approximately the 30, 60 and 90 percent completion stages. The PROGRAM MANAGER will provide constructability and bidability reviews during the design process at approximately 60 percent completion. 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 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, 2.4: 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. 2,5: 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. The DESIGNERS will provide sufficient copies of the contract documents for bidding, provide responses to CONTRACTOR requests for interpretation and clarification, attend bid openings, review bids, and make recommendations of award to the OWNER. 2.6: 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, 4 Within 30 days of the execution of this Seventh Amendment to the contract between the Program Manager and Owner, Program Manager shall: 2.6.A: Provide Owner historical information since January 1, 2003 showing payments to contractors, subcontractors, material vendors and other construction service providers which are local, minority owned, or women owned. A local contractor, sub-contractor, material vendor or service provider is defined as one having an office in Augusta-Richmond County, Georgia or any county contiguous to Augusta-Richmond County. Said information shall include the name and address of the recipient of said payment. 2.6.B: Provide Owner a report showing unexpended funds available for minority business outreach. 2.6.C: The parties recognize there can be no "set aside" of work to local, minority owned, or women owned businesses and therefore, Program Manager shall provide Owner a plan showing Program Manager's goal of sub-contracting twenty percent (20%) of its work to contractors, subcontractors, material vendors and other construction service providers which are local, minority owned, or women owned businesses. Local, minority owned, or women owned businesses status shall be shown by said entities to Owner as it may reasonably request. 2.6.0: Provide monthly reports showing the involvement by task of local, minority owned and women owned business in the services provided by Program Manager in it's administration of 2004 series bond issue projects. Program Manager may report through an electronic reporting system either by purchase order or other electronic method sent through the Finance Department and organized by line item or task as established by Program Manager and Owner. Said report shall include all expenditures, amendments and change orders and show beginning and ending balances throughout the contract time. 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: At the request of OWNER, 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. 3.2.A: Program Manager shall include in its request for payments during the contract period, a report by task of the extent of completion of each task shown in the contract by percentage and budgetary amount 3.2.B: Program Manager shall appoint a liaison to assist City of Augusta's departments including, but not limited to Purchasing, MBE/DBE Coordinator, Utilities, Public Works and Board of Commissioners to assist Augusta in establishing, tracking and monitoring Program 5 Manager's progress towards the goals hereinabove agreed upon as to both the time of the contract and the contract dollar amount. Said liaison as of the date of this Amendment No.7 is Mr. Anthony R. Johnson as indicated in Attachment C. 3.2.C: Audits and Inspectors. At any time during normal business hours and as often as the Owner may deem necessary, the Program Manager shall make available to the Owner and/or audit representatives of the Owner for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the Owner and/or representatives of the audit, to examine and make copies, excerpts or transcripts from such records of personnel, conditions or employment and other data relating to all matters covered by this Agreement. 3.2.0: The Program Manager shall maintain all books, documents, paper, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at reasonable and mutually agreeable times during the period of the Agreement, and for three years from the date of the final payment under the Agreement or for the period of time required by governing laws, for inspection by the Owner or any reviewing agencies, and copies thereof shall be furnished upon request. The Program Manager agrees that the provisions of Article shall be included in any Agreements it may make with any subcontractor, assignee or transferee. 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 PROGRAM MANAGER will provide Project Management Training and Supervisory Level Training for OWNER'S staff, To maximize the effectiveness and 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, The PROGRAM MANAGER will also 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 The PROGRAM MANAGER will provide Additional or Special Services directed by the OWNER during the program including but not limited to the following: 5.1: Document and Information Management System Development Assistance 6 . . . . 5.2 W&S Rate Management Implementation Phase II 5.3: Business Plan Phase 111- Division Structures 5.4: Master Plan 2005 (Update to Master Plan 2000) 5.5 Hydraulic Water Model modification and expansion 5.6 NPDES Construction Stormwater Permit Compliance 7 . . . , ATTACHMENT B - COMPENSATION ARTICLE 2. COMPENSATION Compensation by OWNER to PROGRAM MANAGER will be as follows: A. COST REIMBURSABLE-PER DIEM (TIME AND EXPENSE) No Changes B. BUDGET A budgetary amount of $8,250,000 (Eight Million, Two Hundred and Twenty-five Thousand Dollars), excluding taxes, is hereby established for the Amendment 7 additional services defined in Attachment A. The budget amount for any additional services not listed in ARTICLE 1 will be established by further amendment to this AGREEMENT. The initial term of this Amendment 7 is for two (2) years. There are three (3) additional one (1) year options to be exercised at the discretion of the Owner. The estimated budgeted breakdown is as follows: Initial term (2 years) $4,600,000 Option Year 1 (1 year) $1,350,000 Option Year 2 (1 year) $1,300,000 Option Year 3 (1 year) $1,000,000 PROGRAM MANAGER will make reasonable efforts to complete the work within the budget and will keep OWNER informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. PROGRAM MANAGER is not obligated to incur costs beyond the indicated budgets. as may be adjusted. nor is OWNER obligated to pay PROGRAM MANAGER beyond these limits. C. PER DIEM RATES No Changes D. DIRECT EXPENSES No Changes E. DIRECT EXPENSES 8 .. 2004 Series Program Budget Estimate for Program Management Tasks Task Number and Task BudQet $ I Task 1.1.1 - Management Plan 31,861 I Task 1.1,2,3 . Program Delivery Analysis, Work Plan, and Master Schedule 282,085 I Task 1.1.4 - Document Control and Quality Assurance 177 ,239 I Task 1.1.5 - Special Program Status Reports 103,550 I Task 1.2 - Community Involvement - Public Information Program 129,332 I Task 1.4 - Scope and Fee Reviews 73,617 I Task 2.1 - Technical Reviews 539,811 Task 2.2 - Specialized Consulting and Technical Oversight 412,694 Task 2.3 - Construction Cost Estimates 62,932 Task 2.4 - Periodic Reviews 327,710 Task 2.5 - Bid Services 56,014 Task 2.6 - Minority Business Outreach 22,262 Task 3,1,2,3 - Construction Management & Administration 1,785,323 I Task 3.4,5 - Resident Observation 2,921,614 I Task 4 - Start-up and Training 333,249 I Task 5 - Support Tasks MS Document and Information Management System 190,661 RM Rate Management 18,314 BP Business Support Services 102,357 MP Master Plan 2005 77,117 MD Water Model 387,597 SW Permit Compliance 214,662 Total Budget for ALL ELEMENTS $8,250,000 Budget as Percent of Program Cost 4.3% TOTAL PROGRAM COST(including both bond and revenue generated funds) $189,695,274 Budget for Traditional PROGRAM MANAGEMENT Tasks $3,804,928 Budget as Percent of Program Cost 2.0% I 9 . . . . ATTACHMENT C- LISTING OF KEY PERSONNEL AND SUBCONTRACTING KEY PERSONNEL PROGRAM MANAGER shall provide qualified personnel to perform its work, The list of key personnel below will not change or be reassigned without the written approval of the OWNER. Those key personnel committed for this work are as follows: Lawrence (Larry) R. Scott Program Manager George R. (Bob) Davis Construction Manager Anthony (Tony) R. Johnson MBD/DBE Liaison James (Jim) W. Rush Lead Program Project Engineer SUBCONTRACTING The PROGRAM MANAGER shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the OWNER's prior written approval of the subcontractor. The OWNER will not approve any subcontractor for work covered by this Agreement that has not been recommended for approval by the PROGRAM MANAGER. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 10