Loading...
HomeMy WebLinkAboutCompensationATTACHMENT 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 PROGRAM MANAGER. a) A Lump Sum (See Section B3.01). b) An Hourly Rale, as defined in Section B3.02and at the rates set forth in Schedule al 81.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the PROGRAM MANAGER payable by the CITY under this Agreement shall be limited to the amount specified In Section 2.04-1 and as shown in Schedule B5 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 PROGRAM MANAGER, 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. For employees included as CORE PROGRAM STAFF, at no lime should the billing be exceeded by or reduced from 1,897 hours per annum per emplyee. The 1,897 hours per annum includes any additional overtime, time required to complete the originally scoped tasks, vacation, personal time or sick time. 81.02 PROGRAM MANAGER NOT TO EXCEED Absent an amendment to the Agreement, with corresponding approval to arnend an ANNUAL WORK PROGRAM or to amend any specific WORK ORDER, the maximum dollar amounts stated for compensation shall not be exceeded without written approval by the CITY MANAGER. In the event compensation is exceeded without the City Manager's written approval, the CITY shall have no liability or responsibility for paying any amount of such excess, which will be et PROGRAM MANAGER's own cost and expense. ARTICLE B2 WAGE RATES 82.01 FEE BASIS All fees and compensation payable under this Agreement shall be based on the maximum wage rates shown in Schedule B7, as adjusted for overhead, FCCM, and operating margin, where appicabie, plus any and all reimbursable expenses that have been received and approved by the DIRECTOR In the manner prescribed herein. The maximum Wage Rates are summarized in Schedule 61 incorporated by reference. Said Wage Rates are the maximum effective direct hourly rates, as approved by the CITY; for PROGRAM MANAGER and SUB -PROGRAM MANAGER employees in the specified professions and job classifications that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. 82.02 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 identifies the professions and/or Job classifications expected to be used during the term of this Agreement. These include, without limitation, program managers, controls managers, accountants, project managers, transportation and transit planners, utility coordinators, technicians, architects, engineers. landscape architects, professional interns, designers, project managers, GiS and environmental specialists, specification writers, estimators, schedulers, 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 PROGRAM MANAGER employees at particular Wage Rate levels. 82.03 CALCULATION Said Wage Rates are to be utilized by PROGRAM MANAGER in calculating compensation payable under the ANNUAL WORK PROGRAM for specific assignments and WORK ORDERS as may be requested by City. PROGRAM MANAGER 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. Whatever adjustment factors have been approved by CITY In this Agreement are depicted in Schedule B2 and shall be applied to the raw Wage Rates to determine the Adjusted Wage Rates. 82.04 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected for work assigned hereunder, compensation paid by CITY shall cover all PROGRAM MANAGER'S labor costs including, without limitation, overhead costs applied in accordance with the most recently available Federal Accounting Regulations, Florida Department of Transportation Audited Field and -Office Rates, and other applicable overhead costs. CITY Contract No. -K-05-00453 Page B -1 Failure to comply with this section shall be cause for cancellation of this Agreement. B2.05 ESCALATION B2.05-1 Wage Raton Values depicted in Schedule B-1 will be allowed annual escalation effective with the annual anniversary of the contract execution date. The maximum increase in any annual adjustment shall be limited to three percent (3%) per year B2.05.2 Adjustment Factors Where an Independent Auditor's Report Is used to calculate overhead and other adjustment factors as depicted in Schedule 132, the Lump Surn and Hourly Rate Fees estimated per year will be adjusted annually utilizing the most recent updated adjustment factors for successive years, effective on the anniversary of the execution of the contract. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The CITY agrees io pay the PROGRAM MANAGER, and the PROGRAM MANAGER agrees 10 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: It is understood that with Lump Sum Fixed Fee Compensation, the PROGRAM MANAGER shall perform all services for total compensation in the amount stated above. Linder a Limiting Amount compensation, the PROGRAM MANAGER is to perform all services that may comprise "Basic Services" but may not be required by CITY to perform all other services delineated in the assignment. In either case, The City shall have no obligation or liability to pay any fee, expenditure, charge or cost beyond the Lump Sum or Limiting Amount compensation amount stipulated. B3.01 LUMP SUM Compensation for a Scope of Work shall generally be a Lump Sum, a Fixed Fee es deemed appropriate by the CITY, to b.e mutually agreed upon in writing by She CITY and the PROGRAM MANAGER and stated in a Work Order. Lump Sum compensation Is the preferred method of compensation. For any task or activity to be assigned to PROGRAM MANAGER, whether PRIMARY or SPECIALTY SERVICES, the preferred method of compensation is Lump Sum. B3.01-1 Lump Sum Fixed Fee: shall be the total amount of compensation where aspects of Work are clearly defined, quantified and calculated. 83.01-2 Pavmerit Basis: Where a Lump Sum Fixed Fee is agreed upon as the method of compensation for a project, assignment, task or activity, payments to the PROGRAM MANAGER shall be based on a percentage work completed. B3.01-3 Modifications to Lump Sum: If the CITY authorizes a substantial or material change in the Scope of Work or level of staffing, the Lump Sum Compensation for that portion of the work may be equitably and proportionately adjusted by mutual consent of the DIRECTOR and PROGRAM MANAGER, which may be put into effect by an amendment to the ANNUAL WORK PROGRAM or Work Order, subject 10 such additional approvals as may be required by legislation or ordinance. B3.01-4 Lump Sum .compensation shall be calculated by PROGRAM MANAGER utilizing the Wage Rates established herein including overhead, Facilities Capital Cost of Money (FCCM), operating margin, and reimbursable expenses as attached' in Schedule B-2.. Prior to issuing a WORK ORDER, the CITY may require PROGRAM MANAGER to verify or justify Its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Schedule AS. 83.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees shall be those rates for PROGRAM MANAGER and SUB- PROGRAM MANAGER employee classifications generally identified in Schedule B1 Wage Rates. Total fees calculated using an Hourly Rate will include a maximum not to exceed figure, Inclusive of all costs expressed in the contract documents, including but not limited to. overhead, operating margin, fCCM, and reimbursable expenses. 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 the ANNUAL WORK PROGRAM or Work Order issuance, Hourly Rate Fees may be utilized for SPECIALTY SERVICES that are similarly indeterminate. In either case, the CITY will establish an Allowance in the ANNUAL WORK PROGRAM or WORK ORDER that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. 133.02.3 Overtime Program Manager shall identify justification for use of overtime and, upon advance approval of DIRECTOR, may authorize the use of overtime, subject to the following limitations; overtime may CITY Contract No. K-05-00453 Page 8 -.2 only be used for SUPPLEMENTAL STAFF, and such SUPPLEMENTAL STAFF shall not be exmpt employees as defined under the Federal Fair Labor Standards Act. Further, overtime compensation shall not exceed one and one half (1-1/2) times the employee's regular hourly rate, as provided In Schedule 61. The regular repeated use of overtime is not encouraged and may be denied by DIRECTOR. B3.03 SUB -PROGRAM MANAGER FEES PROGRAM MANAGER is responsible to directly pay all Sub -Program Managers performing Work under this Agreement in the amounts formulated In the ANNUAL WORK PROGRAM, in a WORK ORDER, or as may be otherwise approved, in writing, by DIRECTOR. The PROGRAM MANAGER is not entitled to a mark-up of any kind on compensation paid to Sub -Program Managers on behalf of CITY. 83.04 FEES FOR SPECIALTY SERVICES The PROGRAM MANAGER may be authorized to perform SPECJAL'fY SERVJCES for which additional compensation and/or Reimbursable Expenses, as provided in thJs Agreement may be applicable. 83.04-1 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. B3.04.2 Procedure and Compliance An independent and detailed Notice to Proceed, and a WORK ORDER or an Amendment to an existing WORK ORDER, shall be required to be issued and signed by the Director for each SPECIALTY SERVICE requested by the City. The Notice to Proceed will specify the fee for such service and method of compensation, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants Competitive Negotiation Act, and other applicable laws. B3.05 FEES RESULTING FROM PROJECT SUSPENSION if a Program is suspended for the convenience of the CiTY for more than three months or terminated without any cause in whole or in part, the PROGRAM MANAGER shall be paid for services duly authorized and performed prior to such suspension or termination, together with the cost of authorized reimbursable expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Program Is resumed after having been suspended for more than three months, the PROGRAM MANAGER'S further compensation may be subject to renegotiations. ARTICLE B4 PAYMENTS B4.01 PAYMENTS GENERALLY Payments may be requested monthly in proportion to services performed during the prior month. for the Lump Sum portion of this contract, payments shall be made monthly in an amount equal to 1/12th the annual Lump Sum total compensation. Hourly Rate payments shall be made on the basis of actual hours worked for the Hourly Rale fee, accompanied by a duly certified Invoice, giving names, classification, salary rate per hour (not to exceed the values depicted in Schedule B-1), hours worked and total charge for all personnel directly engaged on a CITY Project or task. RECURRING REIMBURSEMENT Expenses established at an annual lump sum as shown in Schedule 93 may be invoiced monthly, and paid as noted above for the Lump Sum portion of the contract. Other, pre -approved VARIABLE REIMBURSEMENT Expenses are to be invoiced within 120 days of the PROGRAM MANAGER'S expenditure thereof. Sub -PROGRAM MANAGER fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by PROGRAM MANAGER. FAILURE TO SUBMIT INVOICE(S) WITHIN 80 DAYS FOLLOWING THE PROVISION OF SERVICES CONTAINED IN SUCH INVOICE MAY BE CAUSE FOR A FINDING OF DEFAULT. B4.02 MONTHLY PROGRESS REPORT In addition to the invoice, the PROGRAM MANAGER shall submit a Monthly Progress Report giving a summary of the services provided and activities undertaken by PROGRAM MANAGER staff, with particular detail regarding the work of SUPLLEMENTAL STAFF. The Monthly Progress Report shall also provide summary as to the status of all assignments, tasks, activities end deliverables as may be applicable. City shall have the right to reject any invoice not accompanied by a Monthly Progress report. ARTICLE BS REIMBURSABLE EXPENSES B5.01 GENERAL Any fees for authorized reimbursable expenses shall not include charges for PROGRAM MANAGER handling, office rent or overhead expenses of any kind, including depreciation of equipment, professional dues, subscriptions, etc., or employees lime or travel and subsistence not directly related to the program or a project(s). Reimbursable expenses shall be billed to the City at direct cost expended by the PROGRAM MANAGER. The CITY will reimburse the PROGRAM MANAGER for authorized Reimbursable Expenses pursuant to CITY Contract No. K-05-00453 Page 8 - 3 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. Documentation shall be submitted with invoices for VARIABLE REIMBURSEMENT expe expenses, theFor supporting RldocuREIMBURSEMENT en�ta ion$for�� he annual lump sum amount shall be included in the Annual Work Program and no further supporting documentation will be required. Reimbursable Expenses shall be identified and quantified, to the extent possible, in each ANNUAL WORK PROGRAM and in each WORK ORDER. 85.02 TYPES OF REIMBURSABLE EXPENSES As depicted in Schedule B3, Reimbursable Expenses are to be established either as a RECURRING' REIMBURSEMENT set as a Monthly Lump Sum amount primarily attributable to CORE PROGRAM STAFF or as VARIABLE REIMBURSEMENT given as a Smiting amount, or allowance, subject to the advance approval of the DIRECTOR or designee for direct expenses. attributable to either CORE PROGRAM STAFF, SUPPLEMENTAL STAFF or staff assigned to SPECIALTY SERVICES as noted below. Reimbursable Expenses are shown in Schedule B3. Actual direct costs paid by PROGRAM MANAGER for VARIABLE REIMBURSEMENT Expenses shall be the basis of Invoice to CITY, subject 10 the advance approval of the DIRECTOR as provided below. B5.03 AUTHORIZATION Both RECURRING REIMBURSEMENTS and estimates of VARIABLE REIMBURSEMENTS, as shown in Schedule 83, are to be identified In each ANNUAL WORK PROGRAM. Acceptance and approval of the ANNUAL WORK PROGRAM by the CITY, as provided herein, shall constitute advance approval of the expenses identified in the ANNUAL WORK PROGRAM, subject to the following exceptions. VARIABLE REIMBURSEMENT Expenses for all travel and per diem, miscellanoeus items and any other item or category not staled In the ANNUAL. WORK PROGRAM shall be subject to specific written advance approval of the DIRECTOR using forms provided in Schedule B4. Likewise, any VARIABLE REIMBURSEMENT item for a rate (cost) or In an amount in excess of 20% of the rate or. amount shown In the ANNUAL WORK PROGRAM shall require separate written advance approval of the DIRECTOR. 85.04 DEFINITIONS and CATEGORIES Reimbursable Expenses are those items authorized by the CITY. outside of or In addition to professional fees as identified in the ANNUAL WORK PROGRAM or WORK ORDER and consist of actual expenditures made by the PROGRAM MANAGER and the PROGRAM MANAGERS' employees, or Sub - PROGRAM MANAGERS, in the interest of the Work for the purposes identified below: B5.04.1 T ns or_titano • Recurring Relmburseable: parking expenses and vehicle allowances for members of CORE PROGRAM STAFF inclusive of fuel, maintenance and leasing. • Variable Relmburseable: parking and mileage for PROGRAM MANAGER and SUB -PROGRAM MANAGER staff to sites strictly relating to CITY Work, excluding travel to and from primary work location, supported by mileage log documentation. I identifiable transportation expenses In connection with the Program, subject to the provisions of this Agreement and to the limitations of Section 112.061, Florida Statutes, as amended, excluding, however; all, general automobile transportation expenses within Miami -Dade County. . However, transportation expenses within Miami Dada County related to Project and/or Construction Administration Services, and performance of. scope as described in the Scope of Work shall be reimbursed utilizing the mileage rate in Section 112.061 of the Florida Statutes. 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 mileage rate limitations of Section 112.061, Florida Statutes, as amended. 86.04 2 Travel And Per Diem All travel and per diem expenses are Variable Reimbursement Expenses, identifiable per diem, meals, lodging, taxi fares, car rental and miscellaneous travel -connected expenses for PROGRAM MANAGER', personnel subject to the limitations of Section 112.061 Florida Statutes as amended, shall be considered VARIABLE REIMBUSEMENT. Authority to travel as required In FS 112.061 shall be accomplished using the form provided as Schedule B4-1. 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 PROGRAM MANAGER', employees from one of PROGRAM MANAGER', offices to another office if the employee is or has been relocated for more than thirty {30) consecutive calendar days. Lodging will be reimbursed only for room rates equivalent to Holiday Inn, Howard Johnson, Marriott, or Ramada Inn. Without justification deemed sufficient solely in the discretion of the DIRECTOR, lodging will not be reimbursed within CIi1'Contract No. K-05-00453 Page B - 4 Miami Dade, Broward or Palm Beach County, for stair who permanently reside in Miami Dade, Broward, or Palm Beach County. PROGRAM MANAGER shall have the option, subject to the review and approval of the DIRECTOR, to utilize weekly or monthly rates for lodging of relocated staff upon submission of documentation that demonstrates the cost effectiveness of such rates over daily room rates described above. B5.04-3 Communication and Delivery Expenses • Recurring Relmburseable: cellular (mobile) telepphone expenses for members of CORE PROGRAM STAFF. • Variable Reimburseable other Than that stated above, identifiable communication expenses, specifically those for long distance and cellular telephone, are to be considered overhead and not subject to reimbursement. Courier and express mail service Is generally considered a Variable Reimburseable expense. B5.04.4 Reproduction, Photography Cost of printing, reproduction or photography, which Is required by or of PROGRAM MANAGER to deliver services set forth in this Agreement are eligible Variable Reimbursement Expenses. B5.04-6 Permit Feee All Permit fees paid by PROGRAM MANAGER to regulatory agencies for approvals directly attributable to the Project are deemed eligible Variable Reimburseable Expenses, and exclude permit fees required to be paid by the construction contractor. B5.04-6 Computer Expens • Recurring Reimburseable: Costs for lease of laptop computers and printers, and for lease or maintenance of telecommunication service used in the MRC office of PROGRAM MANAGER, as designated in Schedule B3, are eligible RECURRING REIMBURSEMENTS. • Variable Relmburseable Costs for ESRI computer software licenses and related computer software, hardware, services, and supplies, are deemed to be eligible reimbursable expenses as depicted In Schedule 83. B6.04-7 Office Supplies And Equipment • Recurring Reimburseable: Costs for fax machine and other equipment rentals and for consummable office supplies. Including copy paper that are used in the MRC office of PROGRAM MANAGER designated in Schedule 83 • Variable Reimburseable Costs for toner, ink cartridges and simlar supplies for fax machines, printers and copiers that are used in the MRC office of PROGRAM MANAGER designated in Schedule83 135.01-6 Miscellaneous Reimbursable Expenses All other expenses as included in Schedule 83 or those otherwise requested In advance and approved In writing by the DIRECTOR or designee are eligible for reimbursement as VARIABLE REIMBURSEMENTS. B5.05 REIMBURSEMENTS TO SUB- PROGRAM MANAGERS Reimbursable SUB -PROGRAM MANAGER expenses are limited to the items described above when the SUB -PROGRAM MANAGER agreement provides for reimbursable expenses and which shall be subject to all budgetary limitations of the City and requirements of ARTICLE 85 herein. ARTICLE BB COMPENSATION for REUSE OF PLANS AND SPECIFICATIONS B0.O1 GENERAL Subject to the requirements of Article 7 of this Agreement, It is understood that all Agreements for Work include the provision for the re -use of documents, plane and specifications, including construction drawings, at the CITY's sole option. By virtue of signing this Agreement PROGRAM MANAGER agrees 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-05-00453 Page B - 6