HomeMy WebLinkAboutCompensation and PaymentATTACHMENT B — COMPENSATION
ATTACHMENT B - COMPENSATION AND PAYMENTS.
ARTICLE B1 MANNER OF COMPENSATION
The fees for Professional Services for each Work
Order shall be determined by one of the following
methods or a combination thereof, at the option of the
Director or designee, with the consent of the
CONSULTANT.
a) A Lump Sum (See Section 83.01).
b) An Hourly Rate, as defined B3.02in Section
and at the rates set forth in Section
c) A Percentage of Construction Cost, as
defined in Section B3.03, solely with the
written approval of the Director
NOTE: The Lump Sum manner of compensation is
the preferred and primary form of compensation.
B1.01 COMPENSATION LIMITS
The aggregate sum of all payments for fees and
costs, including reimbursable expenses, to the
CONSULTANT payable by the CITY under this
Agreement shall be limited to the amount specified in
Section 2.04-1 as the maximum compensation limit
for cumulative expenditures under this Agreement.
Under no circumstances will the CITY have any
liability for work performed, or as otherwise .may be
alleged or claimed by CONSULTANT, beyond the
cumulative amount provided herein, except where
specifically approved in accordance with the City
Code by the City Manager or City Commission as
applicable as an increase to the Agreement and put
into effect via an Amendment to this Agreement.
B1.02 CONSULTANT NOT TO EXCEED
Absent art amendment to the Agreement or to any
specific Work Order, any maximum dollar or
percentage amounts stated for compensation shall
not be exceeded. In the event they are so exceeded,
the CITY shall have no liability or responsibility for
paying any amount of such excess, which will be at
CONSULTANT's own cost and expense.
ARTICLE B2 WAGE RATES
B2.01 FEE BASIS
All fees and compensation payable under this
Agreement shall be formulated and based upon the
averages of the certified Wage Rates that have
received and approved by the DIRECTOR. The
averages of said certified Wage Rates are
summarized in Schedule B1 incorporated herein by
reference. Said Wage Rates are the effective direct
hourly rates, as approved by the CITY, of
CONSULTANT and SUB -CONSULTANT employees
in the specified professions and job categories that
are to be utilized to provide the services under this
Agreement, regardless of manner of compensation.
B2.02 EMPLOYEES AND JOB
CLASSIFICATIONS
Schedule B1 identifies the professions, job categories
and/or employees expected to be used during the
term of this Agreement. These include architects,
engineers, landscape architects, professional interns,
designers, CADD technicians, project managers, G1S
and environmental specialists, specification writers,
clerical/administrative support, and others engaged in
the Work. In determining compensation for a given
Scope of Work, the City reserves the right to
recommend the use of CONSULTANT employees at
particular Wage Rate levels.
B2.03 MULTIPLIER
For Work assigned under this Agreement, a multiplier
of 2.9 shall apply to CONSULTANT's average hourly
Wage Rates in calculating compensation payable by
the CITY. Said multiplier is intended to cover
CONSULTANT employee benefits and
CONSULTANT's profit and overhead, including,
without limitation, office rent, local telephone and
utility charges, office and drafting supplies,
depreciation of equipment, professional dues,
subscriptions, reproduction of documents, drawings
and specifications, mailing, stenographic,
administrative and clerical support, other employee
time or travel and subsistence not directly related to a
project.
B2.04 CALCULATION
Said Wage Rates are to be utilized by CONSULTANT
in calculating compensation payable for specific
assignments and Work Orders as requested by City.
CONSULTANT shall identify job classifications,
available staff and projected man-hours required for
the proper completion of tasks and/or groups of
tasks, milestones and deliverables identified under
the Scope of Work as exemplified in Schedule A2.
B2.05 EMPLOYEE BENEFITS AND
OVERHEAD
Regardless of the method of compensation elected
herein, compensation paid by CITY shall, via the
Multiplier, cover all CONSULTANT costs including,
without limitation, employee fringe benefits (e.g. sick
leave, vacation, holiday, unemployment taxes,
retirement, medical, insurance and unemployment
benefits) and an overhead factor. Failure to comply
with this section shall be cause for cancellation of this
Agreement.
B2.06 ESCALATION
Commencing October 1, 2005, the hourly rates
depicted in Schedule B1, Certified Wage Rates, may
be adjusted annually according: to the Miami - Fort
Lauderdale Consumer Price Index issued by the U.S.
Department of Labor, Bureau of Labor Statistics.
Such adjustment shall be calculated by multiplying
CITY Contract No. K-04-00648
Page B1
ATTACHMENT B — COMPENSATION
the ratio of the April index divided by the previous
year's index by the hourly rate entries in the Wage
Rate Schedule to determine the adjusted Wage Rate
Schedule. The maximum increase in any adjustment
shall be limited to three percent (3%) per year.
ARTICLE B3 COMPUTATION OF FEES
AND COMPENSATION
The CITY agrees to pay the CONSULTANT, and the
CONSULTANT agrees to accept for services
rendered pursuant to this Agreement, fees computed
by one or a combination of the methods outlined
above, as applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be
a Lump Sum, either a Fixed Fee or Not to Exceed
Fee as deemed appropriate by the CITY, to be
mutually agreed upon in writing by the CITY and the
CONSULTANT and stated in a Work Order. Lump
Sum compensation is the preferred method of
compensation.
B3.01-1 Lump Sum Fixed Fee: shall be
the total amount of compensation where all
aspects of Work are clearly defined, quantified
and calculated.
•
B3.01-2 Guaranteed Maximum Lump
Sum: shall be the total maximum fee amount
payable by CITY wherein certain aspects, tasks
or allowances may not be defined, quantified and
calculated at the time of Work Order issuance. A
Guaranteed Maximum Lump Sum compensation
may represent a combination of Fixed Fees for
professional services and not to exceed
allowances for Reimbursable Expenses or
Additional Services.
B3.01-3 Where a Lump Sum Fixed Fee is
agreed upon as the "Base Fe& for Basic
Services defined for a project, payments to the
CONSULTANT shall be based on a percentage
of the Base Fee according to the Phase of the
Work as indicated under Section 6.01
B3.01-4 If the CITY authorizes a substantial
or material change in the Scope of Work, the
Lump Sum for any Base Fee may be equitably
adjusted by mutually consent of the parties,
which may be put into effect by an amendment to
the Work Order.
B3.01-5 It is understood that with Fixed Fee
Lump Sum Compensation, the CONSULTANT
shall perform all services for total compensation
in the amount stated above. Under a Not to
Exceed Lump Sum, the CONSULTANT shall
perform all services that may comprise "Basic
Services" but may not be required by City to
perform all other services delineated in the Work
Order. In either case, The City shall have no
obligation or liability to pay any fee, expenditure,
charge or cost beyond the Lump Sum
compensation amount stipulated.
B3.01-6 Lump Sum compensation shall be
calculated by CONSULTANT utilizing the Wage
Rates established herein. Prior to issuing a
Work Order, the City may require CONSULTANT
to verify or justify its requested Lump Sum
compensation. Such verification shall present
sufficient information as depicted in Schedule
A2.
B3.02 HOURLY RATE FEES
B3.02-1 Hourly Rate Fees shall be those rates
for CONSULTANT and SUB -CONSULTANT
employees identified in Schedule B1 Wage
Rates, All hourly rate fees will include a
maximum not to exceed figure, inclusive of all
costs expressed in the contract doucments. The
City shall have no liability for any fee, cost or
expense above this figure.
B3.02-2 Conditions for Use:
Hourly Rate Fees shall be used only in those
instances where it the parties agree that it is not
possible to determine, define, quantify and/or
calculate the complete nature, and/or aspects,
tasks, man-hours, or milestones for a particular
Project or portion thereof at the time of Work
Order issuance. Hourly Rate Fees may be
utilized for Additional Work that is similarly
indeterminate. 1n such cases, the City will
establish an Allowance in the Work Order that
shall serve as a Not to Exceed Fee for the Work
to be performed on an Hourly Rate Basis.
B3.03 PERCENTAGE OF CONSTRUCTION
COST:
This is a percentage fee based on the Total
Authorized Design Value of a project said percentage
being hereinafter called the "Base Fee," as mutually
agreed upon in writing by the CITY and the
CONSULTANT and stated in a Work Order or Notice
to Proceed
B3.03-1 Fee Computation:
B3.03-1(a) The Total Authorized Design Value
shall be used and identified in the Work Order as
the basis for establishing the compensatory fee
for all phases identified as part of Basic Services.
B3.03-1(b) If the actual construction cost is
increased. during the construction phase, the
"Actual Construction Cost" shall be used as the
basis for determining the fee for Construction
Administration Phase if included in Basic
Services.
B3.03-1(c) The term "Actual Construction
Cost" does not include any compensation to the
CONSULTANT, the cost of the land, rights -of -
way, works of art, permit fees or other costs
which are the responsibility of the CITY.
CITY Contract No. K-04-00648 Page B-2
ATTACHMENT 8 - COMPENSATION
B3.03-2 inclusive Fee
It is understood that with percentage
compensation the CONSULTANT shall perform
all services for the stated percentage of the
construction cost budgeted when the contract is
signed.
B3.03-3 . Changes to Project Scope
If the CITY authorizes an increase or decrease in
the scope of the Project or the Total Authorized
Design Value of the Project, the Base Fee will be
adjusted accordingly, based on justification from
the Wage Rates or as mutually agreed upon.
B3.04 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall
not include charges for CONSULTANT handling,
office rent or overhead expenses of any kind,
including local telephone and utility charges, office
and drafting supplies, depreciation of equipment,
professional dues, subscriptions, etc., reproduction of
drawings and specifications, mailing, stenographic,
clerical, or other employees time or travel and
subsistence not directly related to a project. AU
reimbursable services shall be billed to the City at
direct cost expended by the CONSULTANT. CITY
authorized reproductions in excess of sets required at
each phase of the Work will be a Reimbursable
Expense.
The CITY Will reimburse the CONSULTANT for
authorized Reimbursable Expenses pursuant to the
limitations of this Agreement as verified by supporting
documentation deemed appropriate by Director or
designee including, without limitation, detailed bills,
itemized invoices and/or copies of cancelled checks.
B3.05 FEES FOR ADDITIVE or
DEDUCTIVE ALTERNATES:
The design of additive and deductive alternates
contemplated as part of the original Scope for a
Project as authorized by the DIRECTOR will be
considered as part of Basic. Services. The design of.
additive and deductive alternates that are beyond the
original Scope of Work and construction budget may
be billed to CITY as Additional Services. The fees for
alternates will be calculated by one of the three
methods outlined above, as mutually agreed by the
DIRECTOR and the CONSULTANT.
B3.06 FEES for ADDITIONAL SERVICES
The CONSULTANT may be authorized to perform
Additional Services for which . additional
compensation and/or Reimbursable Expenses, as
defined in this Agreement under Sections B3.06 and
63.04 respectively, may be applicable.
B3.06-1 Determination Of Fee
The compensation for such services will be one
of the methods described herein: mutually
agreed upon Lump Sum; Hourly Rate with a Not
to Exceed Limit, or Percentage of Construction
Cost.
B3.06-2 Procedure and Compliance
An independent and detailed Notice to Proceed,
and an Amendment to a specific Work Order,
shall be required to be issued and signed by the
Director for each additional service requested by
the City. The Notice to Proceed will specify the
fee for such service and upper limit of the fee,
which shall not be exceeded, and shall comply
with the City of Miami regulations, including the
Purchasing Ordinance, the CONSULTANT's
Competitive Negotiation Act, and other
applicable laws.
B3.06-3 Fee Limitations
Any authorized compensation for Additional
Services, either professional fees or
reimbursable expenses, shall not include
additional charges for office rent or overhead
expenses of. any kind, including local telephone
and utility charges, office and drafting supplies,
depreciation of equipment, professional dues,
subscriptions, etc., reproduction of drawings and
specifications, mailing, stenographic, clerical, or
other employees time or travel and subsistence
not directly related to a project. For all
reimbursable services the CONSULTANT will
apply the multiplier of one- (1.0) times the
amount expended by the CONSULTANT. C
B3.07 PAYMENT EXCLUSIONS
Consultant shall not be compensated by CITY for
revisions and/or modifications to drawings and
specifications, for extended construction
administration, or for other work when such work is
due to errors or ommissions of CONSULTANT as
determined by CITY.
B3.08 FEES RESULTING FROM
PROJECT SUSPENSION
If a project is suspended for the convenience of the
CITY for more than three months or terminated
without any cause in whole or in part, during any
Phase, the CONSULTANT shall be paid for services
duly authorized, performed prior to such suspension
or termination, together with the cost of authorized
reimbursable services and expenses then due, and
all appropriate, applicable, and documented
expenses resulting from such suspension or
termination. If the Project is resumed after having
been suspended for more than three months, the
CONSULTANT'S further compensation shall be
subject to renegotiations.
ARTICLE B4 PAYMENTS TO THE
CONSULTANT
B4.01 PAYMENTS GENERALLY
Payments for Basic Services may be requested
monthly in proportion to services performed during
each Phase of the Work. Sub -CONSULTANT fees
CITY Contract No. K-04-00648 Page 8-3
ATTACHMENT 8 — COMPENSATION
and Reimbursable Expenses shall be billed to the
City in the actual amount paid by CONSULTANT.
B4.02 FOR COMPREHENSIVE BASIC
SERVICES
For those Projects and Work Orders where
comprehensive design services are stipulated, said
payments shall, in the aggregate, not exceed the
percentage of the estimated total Basic
Compensation indicated below for each Phase.
84.02-1 The "Basic Services" standard fee
breakdown is as follows:
Phase t
Phase tl
Phase ill
Phase iV
Phase V
Programming and Schematic Design
Design Development
Construction Document Development
Bidding and Award of Contract
Construction Contract Administration
TOTAL FEE
15%
20%
40%
5%
20%
100%
84.02-2 Partial payments, not to exceed
90% in the aggregate, may be made during
Phase V, in accordance with amounts paid on
the Construction Contract.
84.02-3 If the Construction Contract Time is
extended through no fault of the CONSULTANT,
the CONSULTANT may be compensated for any
required professional services and for expenses
not otherwise compensated for in connection
with such time extensions, in adcordance with
Section 5.01C and Schedule B1 and as
authorized by the Director or his/her authorized
representative.
B4.03 PAYMENT FOR ADDITIONAL
SERVICES & REIMBURSABLE EXPENSES
Payment for Additional Services may be requested
monthly in proportion to the services performed.
When such services are authorized on an Hourly
Rate basis, the CONSULTANT shall submit for
approval by the Director, a duly certified invoice,
giving names, classification, salary rate per hour,
hours worked and total charge for all personnel
directly engaged on a project or task. To the sum
thus obtained, any authorized Reimbursable Services
Cost may be added. The CONSULTANT shall attach
to the invoice all supporting data for payments made
to SUBCONSULTANTS engaged on the project or
task.
In addition to the invoice, the CONSULTANT shall, for
Hourly Rate authorizations, submit a progress report
giving the percentage of completion of the Project
development and the total estimated fee to
completion.
B4.04 DEDUCTIONS
No deductions shalt be made from the
CONSULTANT's compensation on account of
liquidated damages assessed against contractors or
other sums withheld from payments to contractors.
ARTICLE B5 REIMBURSABLE
EXPENSES:
B5.01 GENERAL
Reimbursable Expenses are those items authorized
by the CITY outside of or in addition to the Scope of
Work as identified in the Work Order (as Basic
Services and/or Additional Services) and consist of
actual expenditures made by the CONSULTANT and
the CONSULTANTS' employees, Sub-
CONSULTANTs, and Special Sub-CONSULTANTs in
the interest of the Work for the purposes identified
below:
B5.01-1 Transportation
Identifiable transportation expenses in
connection with the Project, subject to the
limitations of Section 112.061, Florida Statutes,
as amended, excluding, however,. all, general
automobile transportation expenses within
Miami -Dade County. Transportation expenses to
locations outside the Dade-Broward-Palm Beach
County area or from locations outside the Dade-
Broward-Palm Beach County area will not be
reimbursed unless specifically pre -authorized in
writing by the Project Manager. Such pre -
authorization will be subject to the limitations of
Section 112.061, Florida Statutes, as amended.
B5.01-2 Travel And Per Diem
Identifiable per diem, meals and lodging, lodging,
taxi fares and miscellaneous travel -connected
expenses for CONSULTANT's personnel subject
to the limitations of Section 112.061 Florida
Statutes as amended. Meals for class C travel
inside Dade or Broward County will not be
reimbursed. Meals and lodging expenses will not
be reimbursed for temporarily relocating
CONSULTANT's employees from one of
CONSULTANT's offices to another office if the
employee is relocated for more than ten (10)
consecutive Working days. Lodging will be
reimbursed only for room rates equivalent to
Holiday Inn, Howard Johnson or Ramada Inn.
Governmental lodging will not be reimbursed
within Dade, Broward or Palm Beach County.
B5.01-3 Communication Expenses
Identifiable communication expenses approved
by the Project Manager, long distance telephone,
courier and express mail between the
CONSULTANT's various permanent offices. The
CONSULTANT's field office at the Project site is
not considered a permanent office.
B5.01-4 Reproduction, Photography
Cost of printing, reproduction or photography,
which is required by or of CONSULTANT to
deliver services, set forth in this Agreement.
CITY Contract No. K-04-00648 Page 8-4
ATTACHMENT B -- COMPENSATION
B5.01-5 Permit Fees
All Permit fees paid to regulatory agencies for
approvals directly attributable to the Project.
These permit fees do not include those permits
required to be paid by the construction
Contractor.
B5.02 REIMBURSEMENTS TO SUB -
CONSULTANTS
Reimbursable SUB -CONSULTANT expenses are
limited to the items described above when the SUB -
CONSULTANT agreement provides for reimbursable
expenses and when such agreement has been
previously approved in writing by the DIRECTOR and
subject to all budgetary limitations of the City and
requirements of ARTICLE B5 herein.
ARTICLE B6 COMPENSATION FOR
REUSE OF PLANS AND
SPECIFICATIONS
B6.01 GENERAL
it is understood that all CONSULTANT agreements
and.or Work Orders for new work will include the
provision for the re -use of plans and specifications,
including construction drawings, at the CITY's sole
option, by virtue of signing this agreement they agree
to a re -use in accordance with this provision without
the necessity of further approvals, compensation,
fees or documents being required and without
recourse for such re -use.
CITY Contract No. K-04-00648
Page B-5