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HomeMy WebLinkAboutAbacus Project Management Inc; 2014-09-26; PEM1123PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 47131 1. CONTRACTOR'S OBLIGATIONS PEM1123 Contractor shall provide construction estimating services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated June 11. 2015. ("proposal"), attached as Appendix "A" for the Fire Station #2 Renovation, (the "Project''). The Project services shall include construction estimating services. 2. PRQGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department. constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within three (3) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction {Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement. as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on a single payment at the completion of the services. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor · acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $2,600. City Attorney Approved Version 1/30/13 c PEM1123 TABLE 1 FEE ALLOTMENT Construction Estimating Services TASK GROUP LUMP SUM FEE Opinion of Construction Cost $2,600 TOTAL (Not-to-Exceed) $2,600 Executed by Contractor this /5""~ay of ___ :JZ_Gt__,_J--V--=-------· 20 ;s;-. CONTRACTOR ABACUS PROJECT MANAGEMENT INC., a Califom· ( By: (sign here Ltoro(d() fl'lmio /P(tsident (print name/title) I CONTRACTOR ABACUS PROJECT MANAGEMENT INC., a California corporation By: (sign here) evsJell ~~SOt" I A?siSklnt &'ec(eXurj (print arne/tale) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. By: RLSBAD, a munici al corporation of the State of California/ "~ Date: ._, '2...-/; y- ~~~~~~r-~---------- APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 Appendix "A" Fee Proposal Cost Worksheet Date 06/10/15 City of Carlsbad -Fire Staion #2 Remodel Estimate Level Pelim Total Dept Mgr $160 Hourly LM $135 Hourly Mileage $0.55 Per mile Miles Quantity Hours Hours Cost Site visits 1 each Site walk time Travel time Mileage expenses Total $0 Round Off $0. $0 Meetings Meeting time Travel time Mileage expenses Total $0 Round Off $0 $0 Plan printing charges 0.21 88 Total $0 Round Off $0 $0 Estimate Template set-up $160 Supporting Document Review Geotech $0 Specs $0 Project elements/sheets Ti on site elements $160 A1 cabinets, finishes, relo sink, wall furring 0.75 $120 A2.1 demo lights, new lights, new ceiling 0.75 $120 A2 new roof (Square Foot) $160 A3 fa9ade demo $0 A4 fa98de 2 $320 A5 seeA4 0 $0 A6 seeA7 0 $0 A7.1 striping 0.25 $40 A7 new restroom additions (Square Foot) 2 $320 A8 finishes 0.5 $80 P1 see A? 0 $0 E1 see A2.1 0 $0 S1 0.5 $80 S2 0.5 $80 S3 pavers, wall, gate 1 $160 S4 gate controls 0.5 $80 S5 0.5 $80 S6 trash enclosure 0.5 $80 SD1 0.25 $40 SN1 0.25 $40 Elevator 0.5 $80 Restroom & concession buildings (Square Foot) 0.5 $80 Sports equipment 0.5 $80 Gates & fencing 0.5 $80 Sub-consultants Mechanical & Electrical 0 $0 Coordination 0 $0 Input & Review 0 $0 Estimate Review & Submittal 1 $160 Abacus Hours 16.25 Total Hours 16.25 Totals Total $2,600 $2,600 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.2 PROJECT NO. 47051, 47061 PEM1123 This . 2 Project Task escri~n and Fee Allotment, is entered into on ' , pursuant to an Agreement between Abacus Project Ma gement, (" ntractor") and the City of Carlsbad, ("City") dated September 26, 2014, (the "Agreement»), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction estimating services for the City of Carlsbad Library renovation project in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated September 29, 2014, ("proposal"), attached as Appendix "A" for the Library Renovation Projects, (the "Project"). The Project services shall include construction estimating services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on the schedule of values. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $2,640. City Attorney Approved Version 1/30/13 TASK 1 2 Summary: TABLE 1 FEE ALLOTMENT DOVE AND COLE LIBRARY RENOVATION PROJECTS ALTERNATIVES ANALYSIS TASK GROUP Relocating the elevator to the East wall of Cole Library Raising the elevation of existing stage at Dove Library an additional 26 inches. TOTAL (Not"to-Exceed) for Scope of Work The City of Carlsbad is renovating each of the Libraries (Dove & Cole) PEM1123 LUMP SUM FEE $2,640 Cole Library is approximately fifty (50) years old, encompassing 25,185 square feet. • Renovation scope will include the flat roofing, exterior painting, lighting, restrooms, parking lot sealing, caulk & seal fa9ade, and enclosing the atrium to be replace by new interior space. • New Scope will include a new elevator and a new fire suppression system. Dove Library is approximately fifteen (15) years old, with 57,663 square feet and two stories. • Renovation scope will include replacement of an existing boiler, the flat roofing, interior & exterior painting, auditorium acoustics, carpeting, audio visual system, theater lighting, parking lot sealing, duct cleaning, caulk and seal fa9ade, removal of a stair case and replace with retail market place, modification to the stage height, and modifications to some of the existing interior spaces. Scope of Work: Conduct preliminary analysis of alternatives regarding: • Relocating the elevator to the East wall of Cole Library • Raising the elevation of existing stage at Dove Library an additional 26 inches. General Provisions • The estimates will be based upon design documents provided by the City. • The estimates will be computed based upon a prevailing wage rate basis. • The scope will include an analysis of cost for all design disciplines and will include general conditions, design contingency and can include escalation if requested by the City. • The estimates will be compiled and presented in a format provided to Abacus, as opposed to a 'CSI' or other proprietary format, and will be broken down by project elements. • This service will be provided based upon drawings, geotechnical report, design narratives, specifications, and as-built information, as well as other information that may be available and appropriate for the estimate level. • One set of hard copy design documents shall be provided by the Client, plus electronic files in . PDF format. • Electronic drawing files in AutoCAD format will need to be converted to .PDF. • The estimates will be delivered via email in .PDF format, and Abacus will provide and deliver two bound copies if requested by the Client. City Attorney Approved Version 1/30/13 2 PEM1123 Executed by Contractor this ___ day of ____________ ,, 2015. CONTRACTOR ABACUS PROJECT MANAGEMENT, INC., a Califo oration By: (sign here) Leonardo Maccio I President (print name/title) ABACUS PROJECT MANAGEMENT, INC., a California corporation By:~ (sign here) Russell Thompson I Assistant Secretary (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman. President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. AD, a municipal corporation of the State of California By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 3 Date: _s---J/;W-£~if.&-......c~.....--_ II City Attorney Approved Version 1/30/13 t PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT NO. 47051, 47061 PEM1123 This first Project Task Description and Fee Allotment. is entered into on Oc16bey= .;(0 1 ~ 11-f-. pursuant to an Agreement between Abacus Project Management. Inc .. a California corporation. ("Contractor") and the City of Carlsbad. ("City") dated September 26. 2014. (the "Agreement"). the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction estimating services for the City of Carlsbad library renovation project in accordance with the "Project Engineer's Manual". 2001 edition. as published by the City's Engineering Department. City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad." and the proposal dated September 29. 2014. ("proposal"). attached as Appendix "A" for the Dove and Cole Library Renovation projects. (the "Project"). The Project services shall include construction estimating services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment. signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department. constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement. as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1. "Fee Allotment". herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on the schedule of values. Appendix "A". attached. prepared by Contractor and reviewed by City. shows the parties' intent as to the elements. scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups. not shown in Table 1 or Appendix "A". will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all . or portions of the task groups identified in Table 1 or Appendix A. then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $72,300. City Attorney Approved Version 1/30/13 PEM1123 TABLE 1 FEE ALLOTMENT DOVE AND COLE LIBRARY RENOVATION PROJECTS TASK GROUP LUMP SUM FEE Kick off Meeting $1.350.00 Design Team Coordination meeting (1 for each library) $1.350.00 Review & Update Previously compiled estimates (1 for each library) $4.500.00 Schematic Level Estimate -Cole Library $5.500.00 Schematic Level Estimate -Dove Library $11 .000.00 Value Engineering Session $3.250.00 50% Design Estimate -Cole Library $12.700.00 90% Design Estimate -Cole Library $6.400.00 50% Design Estimate -Dove Library $15.750.00 90% Design Estimate -Dove Library $10.500.00 TOTAL (Not-to-Exceed) $72,300.00 Summary: The City of Carlsbad is renovating each of the Libraries (Dove & Cole) Cole Library is approximately fifty (50) years old. encompassing 25.185 square feet. • Renovation scope will include the flat roofing. exterior painting. lighting. restrooms. parking lot sealing. caulk & seal fayade. and enclosing the atrium to be replaced by new interior space. • New Scope will include a new elevator and new fire suppression system. Dove Library is approximately fifteen (15) years old. 57. 663 square feet. and two stories. • Renovation scope will include replacement of an existing boiler. the flat roofing. interior & exterior painting. auditorium acoustics. carpeting. audio visual system. theater lighting. parking lot sealing. duct cleaning. caulk and seal fayade. removal of a stair case and replace with retail market place. modification to the stage height. and modifications to some of the existing interior spaces. • New scope will include the creation of a new outdoor patio area. Scope of Work: • Abacus Project Management (Abacus) will walk both sites with the client to further document the scope of work required . • Abacus will attend two (2) meetings. one for each library. with the design team for coordination purposes. • Abacus will review & update previously compiled Project Estimates. prepared by others. • Abacus prepare Schematic Design level estimate for both libraries separately. • Abacus will attend a value design session in late October. one day for each library. These sessions are expected to review ideas for cost savings. • Abacus will prepare a ground up Project Estimate for each library at approximately 50% completion of design documents. This estimate is anticipated to be required in December. 2014 • Abacus will update the 50% estimate for each library when the documents are considered 90% Complete. These 90% estimates are projected to be updates. If there are significant changes incorporated at this stage. it may be necessary to do a ground up estimate and the impact will be presented to the City for approval prior to beginning the work. These estimates are expected to be complete in January. 2015. City Attorney Approved Version 1/30/13 2 PEM1123 General Provisions • The estimates will be based upon design documents provided by the City. • The estimates will be computed based upon a prevailing wage rate basis. • The scope will include an analysis of cost for all design disciplines and will include general conditions. design contingency and can include escalation if requested by the City. • The estimates will be compiled and presented in a format provided to Abacus. as opposed to a 'CSI' or other proprietary format. and will be broken down by project elements. • This service will be provided based upon drawings. geotechnical report. design narratives. specifications. and as-built information. as well as other information that may be available and appropriate for the estimate level. • One set of hard copy design documents shall be provided by the Client. plus electronic files in .PDF format. • Electronic drawing files in AutoCAD format will need to be converted to .PDF. • The estimates will be delivered via email in .PDF format. and Abacus will provide and deliver two bound copies if requested by the Client. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 3 PEM1123 Executed by Contractor this day of _____________ . 2014. CONTRACTOR ABACUS PROJECT MANAGEMENT. INC .. a Cali By: Leonardo Maccio I President (print name/title) ABACUS PROJECT MANAGEMENT. INC .. a California corporation By: Russell Thompson I Assistant Secretary (print name/title) If Contractor is a corporation. this document must be signed by one individual from each column: Column A Chairman. President or Vice-President Column B Secretary. Assistant Secretary. CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD. a municipal corporation of the State of California By: City Manager or Director Kathryn B. Dodson APPROVED AS TO FORM: Date: _(_U_( _f'C__._}_J4 ___ _ City Attorney Approved Version 1/30/13 4 20201 SW Birch Street, Suite 240 Newport Beach. California 92660 p 949.851.1015 F 949.851.0409 License #679385 September 29, 2014 Mr. Jesse Zunke Department of Public Works City of Carlsbad 1635 Farraday Carlsbad, CA 92008 ABACUS RE: Draft Proposal for Schematic Design level Cost Estimating Services Georgina Cole library & Dove library, Carlsbad, CA Dear Mr. Zunke, Appendix "A" Abacus Project Management, Inc. (Abacus) is pleased to submit this proposal to the City of Carlsbad (Client) to provide Cost Estimating Services for the referenced projects. Within this proposal we have included our understanding of the project, scope of services, professional fees and provisions of agreement. Understanding of the Project Abacus understands that the projects are located in Carlsbad and consist of renovations to the Cole & Dove Libraries. The Cole Library is approximately fifty (50) years old, encompassing 25,185 square feet. • Renovation scope will include the flat roofing, exterior painting, lighting, restrooms, parking lot sealing, caulk & seal fa<;ade, and enclosing the atrium to be replaced by new interior space. • New scope will include a new elevator and a new fire suppression system . The Dove Library is approximately fifteen (15) years old, 57,663 square feet, and two stories. • Renovation scope will include replacement of an existing boiler, the flat roofing, interior & exterior painting, auditorium acoustics, carpeting, audio visual system, theater lighting, parking lot sealing, duct cleaning, caulk & seal fa<;ade, removal of a stair and replacement with a retail market place, modification to the stage height, and modifications to some of the existing interior spaces. • New scope will include the creation of a new outdoor patio area. Page 1 of 3 ABACUS o Kick Off Meeting, Site walk & scope assessment o Design team coordination meetings, (1 for each library) o Review & update previously compiled estimates, (1 for each library) o Schematic level estimate -Cole Library o Schematic level estimate-Dove Library o Value Engineering session $1,350 $1,350 $4,500 $5,500 $11,000 $3,250 The costs for subsequent estimates are expected to total $45,350, in accordance with the following breakdown: o 50% Design Estimate-Cole Library o 90% Design Estimate -Cole Library o 50% Design Estimate-Dove Library o 90% Design Estimate-Dove Library Provisions of Agreement $12,700 $6,400 $15,750 $10,500 The work will be authorized under a Task Description as provided for in the Master Agreement for Construction Estimating Services, prepared by the City, and executed by Abacus and the City. Conclusion We look forward to being involved with these projects. Should you have any questions, please contact me at 949.864.2902 . Sincerely, Abacus Project Management, Inc. Brian Hayen Sr. Cost Estimator/Department Manager CC: Patrick McGarry Director, Public Projects Russell Thompson Principal Page 3 of 3 Jeff Turner Principal ABACUS Scope of Work • Abacus will walk both sites with the Client to further document the scope of work required. • Abacus will attend two meetings, one for each library, with the design team for coordination purposes. • Abacus will review & update previously compiled Project estimates, prepared by others. • Abacus will prepare Schematic Design level estimates for both libraries separately. • Abacus will attend a value design session in late October, one day for each library. These sessions are expected to review ideas for cost savings . • Schedule-The schematic level estimates are anticipated to be completed prior to the value engineering session in late October 2014. • Abacus will prepare a ground up Project Estimate for each library at approximately 50% completion of Design Documents. This estimate is anticipated to be required in December, 2014. • Subsequently, Abacus will update the 50% estimate for each library when the documents are considered 90% complete. These 90% estimates are projected to be updates. If there are significant changes incorporated at this stage, it may be necessary to do a ground up estimate and the impact will be presented to the City for approval prior to beginning the work. These estimates are expected to be complete in January, 2015. General provisions • The estimates will be based upon design documents provided by the Client. • The estimates will be computed based upon a prevailing wage rate basis. • The scope will include an analysis of cost for all design disciplines and will include general conditions, design contingency and can include escalation if requested by the Client. • The estimates will be compiled and presented in a format provided by Abacus, as opposed to a 'CSI' or other proprietary format, and will be broken down by project elements . • This service will be provided based upon drawings, geotechnical report, design narratives, specifications, and as-built information, as well as other information that may be available and appropriate for the estimate level. • One set of hard copy design documents shall be provided by the Client, plus electronic files in PDF format. • Electronic drawing files in AutoCAD format will need to be converted to pdf. • The estimates will be delivered via email in PDF format, and Abacus will provide and deliver two bound copies if requested by the Client. Services Excluded Design option evaluation, review of planning department and other regulatory agency comments, LEED certification analysis, reconciliation, inspection, testing & fee cost analysis. Professional Fees For the performance of services outlined herein, Abacus estimates the total cost of the Schematic phase of the assignment will be $26,950.00. The following breakdown projects costs for the Schematic Estimate phase . Page 2 of 3 MASTER AGREEMENT FOR CONSTRUCTION ESnMATING SERVICES ABACUS PROJECT MANAGEMENT, INC. PEM1123 THIS AGREEMENT Is made and entered Into as of the db ....fl\ day of ~ • 2014. by and between the CITY OF CARLSBAD. a municipal c:orpM~er referred to as "City". and ABACUS PROJECT MANAGEMENT. INC .. a California corporation. hereinafter referred to as "Contractor.• RECITALS A. City requires the professional services of a Project Management F~rm that Is experienced In Construction Cost Estimating Services. B. The professional services are required on a non-exclusive. project-by-project basts. C. Contractor has the necessary experience In providing professional services and advice related to Conatruclon Estimating. D. Contractor has submitted a proposal to City and has afflmiecl Its wfUingness and ability to perform such work. NOW. THEREFORE. in consideration of these recitals and the mutual covenants contained herein. City and COntractor agree as follows: 1. §COPE OF WORK City retains Contractor to perfonn. and Contractor agrees to render. those services (the "Services") that are defined In attached Exhibit ··A•. which Is incorporated by this reference In accordance with this Agreements tenns and conditions. Contractor's obligations with respect to any project granted to contractor under this Agreement wiD be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services. Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practldng In the Metropolitan Southern Celtfomla Area. and will use reasonable diligence and best judgment while exercising Its professional skill and expertise. 3. .mBM The tenn of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend It for two (2) adclltfonal two (2) year periods or parts thereof In an amount not to exceed one hundred thousand doUal'8 ($100.000) per Agreement year. Extensions wiD be based upon a satisfactory review of Contractor's performance. City needs. and appropriation of funds by the City Council. The parties wiB prepare a written amendment Indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified In the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted If requested by Contractor and agreed to In writing by the City 1 City Attomey Approved Version 1130/13 PEM1123 Manager or the Division Director as authorized by the City Manager rDirectol"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of fontslght on the part of Contractor. or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement ~ ~PEN§ADON The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred thousand dollars ($1 00.000) per agreement year. Fees wiU be paid on a project-by- project basts and will be based on Contractor's Schedule of Rates speclfled In Exhibit •A•. Prior to lnltlatJon of any project work by Contractor. City shall prepare a Project Task Description and Fee Allotment (the "Task Description•) which. upon signature by Contractor and for City. the City Manager or Director. will be considered a part of this Agreement The Task Description will Include a detaled scope of services for the particular project being considered and a statement of Contractor's fee to complete the project In accordance with the speclfted scope of services. The Task Description will also include a descrlptlon of the method of payment and will be basad upon an hourly rate. percentage of project complete. completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor wll perform the Services In Contractor's own way as an Independent contractor and In pursuit of Contractor's Independent calling. and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished. but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor Is entiUad. City will not make any federal or state tax wlthholdlngs on behalf of Contractor or Its agents. employees or subcontractors. City will not be required to pay any workers' compensation Insurance or unemployment conbibutlons on behalf of Contractor or its employees or subcontractors. Contractor agrees to Indemnify City within thirty (30) days for any tax. retirement contribution. social security. overtime payment. unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent employee. or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnlftcatlon amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor w11 not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services. Contractor will be fully responsible to City for the acts and omissions of contractor's subcontractor and of the persons either dlrecUy or Indirectly employed by the subcontractor. as Contractor Is for the acts and omiaalons of persons directly employed by Contractor. Nothing contained In this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary In the subcontrad and approved In writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors In connection with the Services. 2 City Attorney Approved Version 1fJ0/13 PEM1123 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and Its omcers. offtclals. employees and volunteers from and against an daims. damages. losses and expenses lndudlng attorneys fees arising out of the performance of the work 'described herein caused In whole or In part by eny willful misconduct or negligent act or omission of the Contractor. any subcontractor. anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment attorney's fee. costs or expense City Incurs or makes to or on behalf of an Injured employee under the City's self-administered workers' compensation Is lnduded as a loss. expense or cost for the purposes of this section. and that this section will survive the expiration or early termination of this Agreement 10. IN§UBANCE Contractor wll obtain and maintain for the d~ratfon of the Agreement and any and all amendments. Insurance against claims for lnjurfeS to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents. representatives. employees or subcontractors. The Insurance will be obtained from an Insurance carrier admitted and authorized to do business In the State of Callfomla. The Insurance carrier Is required to haw a current Basra Key Rating of not less than •A-:vu• OR wfth a surplus line Insurer on the State of Cslifomla's Ust of Elglble Surplus Une Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least •A:"X:'. 10.1 Coyeraaes and UrnJts. Contractor will maintain the types of coverages and minimum limits Indicated below. unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage wiD not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement City. its of'licers. agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required Insurance coverage Is Inadequate. Contractor will obtain such additional Insurance coverage. as Contractor deems adequate. at Contractor's sole expense. 1 0.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily Injury. personal Injury and property damage. If the submitted polldea contain aggregate limits. general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit 1 0.1.2 Automobile LiabilitY (If the use of an automobile Is Involved for Contractor's work for City). $1.000.000 combined single-limit per accident for bodily Injury and property damage. 1 0.1.3 Workers' COmpensation and Emp!oye(s Uab!l!tv. Workers' Compensation limits as required by the California Labor Code. Workers' COmpensation will not be required If COntractor has no employees and provides. to City's saUsfactJon. a declaration stating this. 10.1.4 Professional Llabllltv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1.000.000 per claim. Coverage must be maintained for a period of 11vS::Uowlng the date of completion of the work. ~ D If box Is checked. Professional liability Clty'elnltlall COntractor's Initials Insurance requirement is waived. 3 City Attomey Approved Version 1130/13 PEM1123 1 0.2. Acldltlonal Proylslons. Contractor will ensure that the policies of Insurance required under this Agreement contain. or are endorsed to contain. the folowing provisions: 10.2.1 The City will be named as an additional Insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage. excluding Professional Liability. which will be written as claims-made coverage. 10.2.3 Thls Insurance will be In force during the life of the Agreement and any extensions of H and will not be canceled without thirty (30) days prtor written notice to City sent by certified mall pursuant to the Notice provisions of this Agreement 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement. Contractor will furnish certificates of Insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor falls to maintain any of these Insurance coverages. then City wRI have the option to declare Contractor In breach. or may purchase replacement Insurance or pay the premiums l1at are due on existing policies In order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain Insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement 10.5 Submission of Insurance Policies. City reserves the right to require. at anytime. complete and certlfted copies of any or all required Insurance policies and endorsements. 11. BUSINESS UCENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement as may ba amended from time-to-time. 12. AccoUNTING RECQRDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement All records will be clearfy ldentlftable. Contractor will allow a representative of City during nonnal business hours 'to examine. audH.. and make transcripts or copies of records and any other documents created pursuant to this Agreement Contractor will allow lnspecUon of all work. data. documents. proceedings. and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or Its agents. employees. and subcontractors pursuant to this Agreement Is the property of City. In the event this Agreement Is termlnatBd. all work product produced by Contractor or Its agents. employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested In City and Contractor relinquishes all claims to the copyrights in favor of City. 4 City Attorney Approved Version 1/30113 PEM1123 15. NO'nCES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: Name Tille Dept JoeGaruba Municipal Property Mgr PW-PEM CITY OF CARLSBAD Address _40~5~0~a~k~A~~e~n~u~e~----­ Carfsbad. CA 92008 Phone 7604342943 For Contractor: Name Jeff Pomeroy Title Director Address -::2::::02=0~1""=s::-:-:W:-:-=-:Bi:--rch~St.:--=Su-:-ite:---:::24-:-:0:---- Newport Beach. CA 92660 ~ 949h851-1015 Email Jeff.pomeroy@abacus.abengoa.com Each party 'Nill notify the other Immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEBEST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the Clly of Csrfsbad Conflict of Interest Code. The Contractor shall report Investments or interests in aH four categories. ContractorvlrHf)e~ ~state and local Jaws and ordinances and regulations 17. GENIML ~f~MhfWS which in any manner those employed by Contractor. or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws. ordinances. and regulations and will be responsible for the compliance of Contractor's services with all appUcable laws. ordinances and regulations. Contractor will be aware of the requirements of 1he Immigration Reform and Control Ad. of 1986 and will comply with those requirements. Including. but not limited to. verifying the eligibility for employment of all agents. employees. subcontractors and consultants whose services are required by this Agreement. 1a. otscBJMINAn~o DMEP,T psoH•~•TEP Contractor win compfy~p~ oca~ state and ecterallaws and regulations prohibiting discrimination and harassment. 19. DISP~ RESQLUTION If a dispute uld arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or Interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City wiH reduce such questions. and their respective views. to wrtUng. A copy of such documented dlsputa will be forwarded to both parUes Involved along with recommended methods of resolution. which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained Is unsatisfactory to the aggrieved party. a letter Outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases. the action of the ~ Manager will be binding upon the parties involved. although nothing In this procedure will prohibit the parties from seeking remedies available to them at law. 5 City Attorney Approved Venrion 1130/13 PEM1123 20. JEBMIMDON In the event of the Contractor's failure to prosecute. deliver. or perform the Services. City may terminate this Agreement for nonperformance by notifying Contractor by certlfted mall of the termination. If City decides to abandon or lndeflnltaly postpone the work or services contemplated by this Agreement City may tennlnate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and an work In progress to City at the addt'888 contained In this Agreement City will make a determination of fact based upon the work product dellvared to City and of the percentage of work that Contractor has performed which Is usable and of worth to City In having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City. Contractor will assemble the work product and put It in order for proper filing and closing and dellvar it to City. Contractor will be paid for work performed to the tennlnatlon date; however. the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVEHAND AGAINU CQNDNGENT FEEl Contractor warrants that Contractor has not employed or retained any company or person. other than a bona fide employee working for Contractor. to solicit or secure this Agreement. and that Contractor has not paid or agreed to pay any company or person. other than a bona fide employee. any fee. commission. percentage. brokerage fee. gift. or any other consideration contingent upon. or resulting from. the award or making of this Agreement. For breach or violation of this warranty. City will have the right to annul this Agreement without llabmty. or. in Its discretion. to deduct from the Agreement price or consideration. or otherwise recover. the full amount of the fee. commission. percentage. brokerage fees. gill or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement Comractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth In this Agreement and not In anticipation of litigation or In conjunction with litigation. Contractor acknowledges that If a false claim Is submitted to City. it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq .. the False Claims Act applies to this Agreement and. provides for clvH penalties where a person knowingly submits a false claim to a public entity. These provisions Include false claims made with deliberate ignorance of the false lnfonnatlon or In reckless disregard of the truth or falsity of Information. If City seeks to recover penalties pursuant to the False Claims Ad. it Is entitled to recover its litigation costs. Including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or Improvement for a period of uP to five (5) years. contractor acknowledges debarment by another jurisdiction Is grounds for City to terminate this Agreement. 23. JURJSDICJIQNS AND VENUE Any action at law or In equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried In a court of competent jurisdiction In the County of San Diego. State of Csllfomla. and the parties waive all provisions of law providing for a change of venue In these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or 6 City Attorney Approved Version 1130/13 PEM1123 to become due under It may be assigned by Contractor without the prior consent of City. which shall not be unreasonably withheld. 25. ENDRE AGB§§MENT This Agreement together' with any other written document referred to or contemplated by lt. along with the purchase order for this Agreement and Its provisions. embody the entire Agreement and understanding between the parties relating to the subject matter of It In case of conflict. the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of Its provisions may be amended. modlftecl. waived or discharged except In a writing signed by both parties. 28. AUTHORITY The lndlvidu818 executing this Agreement and the instruments referenced In It on behalf of Contractor each represent and warrant that they have the legal power. right and actual authority to bind Contractor to the terms and conditions of this Agreement Executed by Contractor this._ ___ day of _________ .. 20_. CONTRACTOR CITY OF CARLSBAD. a municipal ABA INC .. By: By: OJECT MANAGEMENT. Ia corporation (sign here) corporation of the State of Csllfomia By:~ .Cit)• MaRager er Mayer er Director Kathryn B. Dodson ATIEST: Russell Thompson, Assistant Secretary BARBARA ENGLESON City Clerk. (print name/title) Proper notarial acknowledgment of execution by Contractor must ba attached. If a corporation. Agreement must be signed by one corporate officer from each of the foiJowfng two groups: GrouoA GroypB Chairman. Secretary. President or Assistant Secretary. Vice-President CFO or Assistant Treasurer Otherwise. the corporation JilYil attach a resolution certified by the a8cretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD. a municipal corporation of the State of C&llfomla APPROVED AS TO FORM: CELIA A. BREWER. City Attorney 7 City Attorney Approved Version 1130/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California On OCl I CJ /2.0 I 4-: . before me, ~:rf\o-y=f£> ~ 8 t-JQI"El?--Y Pv~L\C:;, (Here insert name and title of the officer) personally appeared __ R.-~v~SSELL.2;:~~==-=~iltQC!::~I?9~~·~~~-:::===::::=::::::::==========- who proved to me on the basis of satisfactory evidence to be the person(j1 whose name()!? is/&:e"subscribed to the within instrument and acknowledged to me that he/~/tRey-executed the same in his.ll:JM/tlleir authorized capacity(~), and that by his~/the-ir signature(.a? on the instrument the person~, or the entity upon behalf of which the person(s1' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SHANE THOMAS JOHNSON WITNESS my hand and official seal. Si~t~~~ (Notary Seal) Commission# 1991314 ~ ;f':'--. Notary Public -California ~ z ·~.-· Orange County ~ t • ~ • • .Ml SoT"!· ;.x~r:s zeg ts}~1[l ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages J.Q__ Document Date Ci\ I \il I 4- (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) 0 Corporate Officer (Title) 0 Partner(s) 0 Attorney-in-Fact 0 Trustee( s) 0 Other ___________ _ 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, aey alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document care folly for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. H6/she/tl!ey;-is /aFe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino before me, L. Delap, Notary Public (Here insert name and title of the officer) personally appeared ------'k~~=....Jf\'-"a""-'-'rd.,_o~..~...:fv--.!:1a=.Cg~'Jw.72.__ _____________ _ who proved to me on the basis of satisfactory evidence to be the personfsj whose nam~ subscribed to the within instrument and acknowledged to me that @he/they executed the same in~ authorized capacityfiest, and that by~ signaturefsj on the instrument the personfsj, or the entity upon behalf of which the personfsj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph (Notary Seal) r;;.;; .. ...,1 e L.DELAP I Commillion. No. 1171311. . I , NOTARVPUILJC~ I .-~~I Ml/c-R.~APM.'11,ate fll II Jl 12 1 is true and correct. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tttle or descnptton of attached document) (Title or description of attached document continued) Number of Pages __1!2_ Document DateOq llzJ ZOt?f I (Additional information) CAP A CITY CLAIMED BY THE SIGNER 0 Individual (s) Jlf Corporate Officer (Title) 0 Partner(s) 0 Attorney-in-Fact 0 Trustee(s) 0 Other ------------------------------ 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryCiasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifYing the authorized capacity of the signer). Please check the document care folly for proper notarial wording and attach this form if required. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lte/she/tl!ey, is /are) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. hnpression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. •!• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document II Oytrylaw: EXHIBIT•A• SCOPE OF SERVICES PEM1123 As the selected finn you will be tasked with a diverse portfofto of projects for construction estimating services. 1.00 DEFINITIONS 1.01 CONTRACT ADMINISTRATOR -The Municipal Property Manager. Property and Environment Management Department or his authorized representative. 1.02 CITY-The City of Csrfsbad 1.03 CONSULTANT -The Consultants responsible management individual or his authorized representative. 1.04 PROPOSAL - A cost proposal prepared by the Consultant for work requested by the Contract Administrator. 2.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 2.01 The CITY may award work to the CONSULTANT. at tne discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINITRA TOR determines that It Is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be perfonned by negotiated agreement between the CITY and the CONSULTANT or based on a TIME AND MATERIALS In accordance with Section 3.00. 2.02 Prior to performing any work. the CONSULTANT shall prepare and submit a written proposal including a description of the work. a list of materials. and a schedule for completion. No work shall commence wHhout the tun execution of the Project Task Description and Fee Allotment (Task) and assignment of a City purchase order. The proposal Is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 2.03 All work shall commence on the specified date established in the Task and CONSULTANT shall proceed diligently to complete said scope of work within the time allotted. 3.00 TIME AND MATERIALS 3.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested Is of an unknown duration. not easily quantified or the CONSULTANT's proposal for work is not approved. the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONSULT ANT to perforyn the work on a TIME AND MATERIALS basis. Invoices for Work on a TIME AND MATERIALS basis are subjeCt to the CONSULTANrs negotiated fee schedule attached to this agreement. 3.02 Prior to performing any work. the CONSULTANT shall prepare and submit a written proposal including a description of the work. a list of materials. and a schedule for completion. No 8 City Attorney Approved Version 1/30113 PEM1123 work shall commence without full execution of 1he Project Task DescrlpUon and Fee Allotment (Task) and 8881gnment of a City purchase order number. 3.03 All work shaD commence on the specified date established and CONSULTANT shall proceed dlllgenUy to complete said work within the time allotted. 4.00 PAYMENTS AND INVOICES 4.01 The CONSULTANT shall present monthly Invoices. for all work performed during the preceding month. Said Invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (511) day of each month In the amount of the compensation to be paid by the CITY for all services rendered by the CONSULTANT under the terms and conditions of this CONTRACT. Said payment shaD be made within thirty (30) days upon recaMng the Invoices. providing that all work performed during the preceded month has been Inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted In accordance with the provisions of this CONTRACT. 4.02 Monthly Invoices shall be prepared and submitted In the following format: Invoice: ProJect Scope Project A Ubrary Estimate Project B Fire Station #1 TOTAL MONTHLY COST Account No. XXXXXXX•XXXX xxxxxxx-xxxx Monthly Cost $(AMOUNT) SCAMOUND $(AMOUNT) 4.03 Invoices for approved TIME AND MATERIALS Work shall be In a format acceptable to the CONTRACT ADMINISTRATOR. Including attachments. such as copies of supplieta Invoice. which the CONTRACT ADMINISTRATOR may require to verify the CONSULTANT's bOling. Invoices for TIME AND MATERIALS work shall be submitted on separate invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR. one Invoice shall submitted for each discrete and complete Item of TIME AND MATERIALS work. 5.00 RATE SHEET Rate Senior Estimator $155.00/hr Estimator $125.00/hr Total not-to-exceed amount per agreement year against Master Agreement 11001000.00 9 Clty Attorney Approved Version 1130/13 Estimating Services Contractor I Summary Sheet POINTS COMPANY Firm Experience Accuracy of Esimates Qualifications ofthe Team Abacus Project Management 45 38 58 Cumming Corp. 44 39 49 Turbo CM 37 38 40 LSA 43 41 43 Max Points 45 45 60 Sample Estimate Price Schedule 42 93 30 87 34 105 40 96 45 lOS Average Score Total Score 276.0 249.0 254.0 263.0 300.0 Rank 1 4 3 2