Loading...
HomeMy WebLinkAboutPre-Attachment 3TTACHMENT 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 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. 81.01 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 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 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, GIS 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 A3, 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. 82.06 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. Page B1 ,TACHMENT 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 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 as indicated under Section B4.02. 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. 83.01-6 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 A3. B3.02 HOURLY RATE FEES B3.02.1 Hourly Rate Fees shall be those rates for CONSULTANT and SUB -CONSULTANT employees identified in Schedule 81 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. 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 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 PERCENTAGE OF CONSTRUCTION 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 work designated 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 the 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. Page B-2 ,1ACHMENT 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 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. 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. 83.05 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 83.06 and B3,04 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. 83.06-2 Procedure and Compliance An independent and detailed Notice to Proceed, and an Amendment to the 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 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. 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. CITY Contract No. Page B-3 fTACHMENT B — COMPENSATION 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 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. B4.02-1 The "Basic Services" standard fee breakdown is as follows: Phase i Programming and Schematic Design 15% Phase II Design Development 20% Phase III Construction Document Development 40% Phase IV Bidding and Award of Contract 5% Phase V Construction Contract Administration 20% TOTAL. FEE 100% B4.02-2 Partial payments, not to exceed 90% in the aggregate, may be made during Phase V, in accordance with amounts paid on the Construction Contract. B4.02-3 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 accordance with 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 and Reimbursable Expenses 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 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 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: 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. CITY Contract No. Page B-4 ,iACHMENT B - COMPENSATION 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. 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 85 herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all CONSULTANT agreements andlor Work Orders for new work will include the provision for the re -use of documents, plans and specifications, including construction drawings, at the CITY's sole option. By virtue of signing this agreement Consultant agrees to 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. Page B-5