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
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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
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Ill
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City Attorney Approved Version 1/30/13
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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