HomeMy WebLinkAboutPre-Attachment 2ATT MENT 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 B3.01).
b) An Hourly Rate, as defined in Section B3.02.
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 increaseto the Agreement and put
Into effect via an Amendment to this Agreement.
81.02 CONSULTANT NOT TO EXCEED
Absent an 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 COMPENSATION RATES
B2.01 FEE BASIS
All fees and compensation payable under this
Agreement shall be formulated and based upon the
Compensation Rates in Schedule 81 incorporated
herein by reference. Said Rates are the effective
rates, as approved by the CITY, payable by CITY for
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 81 identifies the professions, job categories
and/or employees expected to be used during the
term of this Agreement. These may include
engineers, professional interns, designers, CADD
technicians, project managers, GIS and
environmental specialists, 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 Fee
and Rate levels.
The CITY reserves the right to request that
CONSULTANT provide additional employees and/or
job classifications if deemed necessary by the
DIRECTOR for a specific Work Order, provided that
such request is consistent with the Scope of Work
intended and defined in this Agreement.
B2.03 MULTIPLIER
Where applicable, a multiplier of 2.9 shall apply to the
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 Compensation Rates are to be utilized by
CONSULTANT in calculating compensation payable
for specific assignments and Work Orders as
requested by City. CONSULTANT shall identify
crew(s), crew -members, and/or job classifications,
available staff and projected man-hours or crew hours
required for the proper completion of tasks and/or
groups of tasks, milestones and deliverables
identified under the Scope of Work In the form
provided in Schedule A3, or as the same may be
amended by the City upon approval of the City
Attorney and Risk Administrator.
B2.05 EMPLOYEE BENEFITS AND
OVERHEAD
Regardless of the method of compensation elected
herein, compensation paid by CITY shall 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 December 1, 2005, the Rates depicted
in Schedule B1, may be adjusted annually according
CITY Contract No. Page B-1
AT- IMENT B - COMPENSATION
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 the ratio of the April index divided by
the previous year's index by the CONSULTANTS
hourly rate to determine the adjusted Wage Rate
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 aspects
of Work are clearly defined, quantified and
calculated.
B3.01-2 Guaranteed Maximum Lump
Sum: or Not to Exceed Lump Sum, shall be the
total maximum fee amount payable by CITY
wherein certain aspects, tasks or allowances
may not be completely 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.
63.01.3 Where a Lump Sum Fee is agreed
upon as the "Base Fee" 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.
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. tinder 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 Rates
established herein. Prior to issuing a Work
Order, the City will require CONSULTANT to
verify or justify its requested Lump Sum
compensation. Such verification shall present
sufficient Information as depicted in Schedule
A3.
B3.02 HOURLY RATE FEES
63.02-1 General
Hourly Rate Fees shall be those rates for
CONSULTANT and SUB -CONSULTANT
employees identified in Schedule B1. All hourly
rate fees will include a maximum not to exceed
figure, or maximum limiting amount, inclusive of
all costs expressed In the contract documents.
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 also be
utilized for Additional Work that is similarly
indeterminate. In 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 amount for 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 Construction Contract
Award shall be used and identified in the Work
Order as the basis for establishing the
compensation.
B3.03-1(b) If the actual construction cost is
increased during construction, the "Actual
Construction Cost" shall be used as the basis for
adjusting CONSULTANT fee.
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. Page 8-2
AT !MENT B - 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 when the construction contract
is signed.
B3.03-3 . Changes to Project Scope
If the CITY authorizes an increase or decrease in
the scope of the Project during construction, the
Base Fee may be adjusted accordingly, based
on justification furnished 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. All
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 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 83.05 and
B3.03 respectively, may be applicable.
B3.05-1 Determination Of Fee
The compensation for such services will be either
mutually agreed upon Lump Sum, or Hourly Rate
with a Not to Exceed Limit.
83.05.2 Procedure and Compliance
An Independent and detailed Notice to Proceed,
and/or an Amended 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 or Amended Work Order
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.
B3.05-3 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. There shall be
no mark-up or handling expense for any
reimbursable expenses of CONSULTANT.
B3.06 PAYMENT EXCLUSIONS
Consultant shall not be compensated by CITY for
revisions andlor 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.
B3.07 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 Services may be requested monthly in
proportion to services performed during each Phase
of the Work subject to the approval of the Project
Manager. Sub -CONSULTANT fees and
Reimbursable Expenses shall be billed to the City in
at direct cost, in the actual amount paid by
CONSULTANT.
B4.02 BILLING — HOURLY RATE
Invoices submitted, by CONSULTANT shall be
sufficiently detailed and accompanied by supporting
documentation to allow for proper audit of
expenditures .When 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
CITY Contract No. Page B-3
AT IMENT B - COMPENSATION
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.
B4.03 DEDUCTIONS
No deductions shall 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:
135.01 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, ail, general
automobile transportation expenses within
Miami -Dade County. This exclusion shall not
apply for direct travel to and from multiple CITY
project jobsites for employees in specific job
classifications designated in Schedule B1,
subject to the approval of the CITY Project
Manager and stated in the Work Order: When
such expenses are authorized in a Work Order,
the effective reimbursement rates shall be those
currently in use by the Florida Department of
Transportation. 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
reimbursements 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,
unless otherwise required, and stated in a work
order, as part of CONSULTANT basic services.t.
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.
CITY Contract No. Page B-4