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HomeMy WebLinkAboutExhibit 4ATTACHMENT B — COMPENSATION ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 COMPENSATION FOR SERVICES The City shall pay and Consultant agrees to accept as full payment for the WORK an amount not to exceed Seven Hundred One Hundred Eighty -Seven Thousand Two Hundred thirty-four dollars ($720,332). Said Compensation consists of: • Base Fee: $720,332 • Allowance for Reimbursable Expenses: N/A • Allowance for Additional Services $79,668 B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs to the Consultant payable by the City under this Agreement shall be limited to the amount specified in 2.03-1 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. ARTICLE B2 WAGE RATES B2.Q1 FEE BASIS All fees and compensation payable under this Agreement shall be based upon the Wage Rates that have been approved by the Director. Said 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 Subconsultant employees in the specified professions and job categories that are to be utilized to provide the Professional 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 may include, but are not limted to, architects, engineers, landscape architects, 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 the approved average hourly Wage Rates in calculating compensation payable by the City, Said multiplier is intended to cover Consultant employee benefits (e.g. sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment 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,. B2.04 CALCULATION Said Wage Rates are to be utilized by Consultant in calculating compensation payable for the Work and any additional work directly related to this Project 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. 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 herein, as applicable, in the following manner: B3.01 LUMP SUM Compensation for this Scope of Work is a Lump Sum, Not to Exceed Fee. Should the City require Additional Services direclty related to this Project, Lump Sum compensation is the preferred method of compensation. City Contract No. Pages B-1 Consultant Initials ATTACHMENT B — COMPENSATION B3.01-1 Lump Sum compensation shall be calculated by Consultant utilizing the Wage Rates established herein. The City may require Consultant to verify or justify Its requested Lump Sum compensation. Such verification shall present information deemed sufficient and acceptable to City. B3.01-2 CHANGES TO PROJECT SCOPE If the City authorizes a substantial or material change in the Scope of Work, the Lump Sum for the Base Fee may be equitably adjusted by mutually consent of the parties, which may be put into effect by an amendment to the Agreement. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule 61 Wage Rates. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the Agreement. The City shall have no liability for any fee, cost or expense above this figure. B3.02-2 Conditions for Use: Hourly Rate Fees may be used only in those instances for Additional Work directly related to this Project where 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 such Additional Work. In such cases, the City will establish an allowance that shall serve as a not to exceed fee for the Work to be performed on an hourly rate basis, B3.03 REIMBURSABLE EXPENSES B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES Additive and deductive alternates contemplated as part of the original Scope for the Project as stated in the Agreement is considered as part of Basic Services. The 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 methods outlined above, as mutually agreed by the Director and the Consultant. 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 B3.05 and B3,03 respectively, may be applicable. B3.05-1 Determination Of Fee The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit,. B3.05-2 Procedure and Compliance Provided That the fee for required Additional Service(s) are within the Allowance for Additional Services established herein, an independent and detailed Notice to Proceed shall be required to be issued and signed by the Director for each additional service requested by the City. Should said Allowance for Additional Services be exhausted, then an Amendment to the Agreement will also be required for further Work of this type. 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. B3.05-3 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. B3.06 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. B3.07 FEES RESULTING FROM PROJECT SUSPENSION City Contract No. Pages B-2 Consultant Initials ATTACHMENT B - COMPENSATION If the 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 renegotiation. ARTICLE B4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Professional Services may be requested (to be determined). 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 this Project, for which comprehensive services are stipulated, payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below. B4.02-1 $800,000 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. 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. ARTICLE B5 COMPENSATION FOR REUSE B5.01 GENERAL It is understood by Consultant that the City may re -use the plans and specifications, including construction drawings, at the City's sole option. By virtue of signing this Agreement Consultant and Subconsultants agree to a re -use in accordance with this Article without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. City Contract No. Pages B-3 Consultant Initials ATTACHMENT B - COMPENSATION SCHEDULE B1 - WAGE RATES JOB CLASSIFICATION ADJUSTED 2006 HOURLY RATE (Multiplier Applied) 2007 2008 SENIOR SURVEYOR & MAPPER $188.21 $193.86 $199.67 SURVEYOR & MAPPER $145.00 $149.35 $153.83 CADD OPERATOR / COMPUTER TECHNICIAN $110.20 $113.51 $116.91 DRAFTPERSON 1 SURVEY TECHNICIAN $49.30 $50.78 $52.30 CLERICAL $31.90 $32.86 $33.84 City Contract No. Pages B-4 Consultant Initials