Policy 7.05

Consultant Fees (Construction)

1. The terms "basic services," "alternates," "change orders," "additional services," "construction cost," "direct personnel expense" and "reimbursable expense" as used in this policy shall be as defined in the School Board's agreements for Consultant Services, which include but are not limited to architectural, engineering, surveying, testing and environmental services.

2. Fees paid to Consultants, when employed directly by the School Board on an individual construction project, shall be:

1. A percentage of the construction cost as determined using the current and appropriate fee schedule for Consultant Services issued by the Florida Department of General Services (DGS), Division of Construction and Maintenance, as a guide for basic services, and eligible alternates on projects which have a project cost of more than $50,000. The DGS Fee Curve for the appropriate service shall be used to establish a family of curves with curves at +/- 1% of the DGS Curve. The fee will be negotiated using this range and the construction cost as a guide. All fee arrangements shall be negotiated and all Consultants shall be required to execute a "Truth in Negotiation" affidavit. The formula for each DGS group curve is shown below. If the project cost is more than that shown on the DGS Fee Schedule, the fee will be determined by use of the appropriate formula. The original fee percentage will be negotiated based upon the budget established for the construction cost. Upon award of the construction contract, by Board action, the original fee percentagewill be adjusted to reflect the amount of the award in accordance with the negotiated fee curve.

This percentage shall be the basis for compensation to the Consultant for individual change orders, which adjust the overall value of the construction contract.

 Consultant Services

2. A multiple of the Direct Personnel Expense (DPE) up to a maximum of three (3.0) times:

1. For Basic Services including eligible alternates or re-use of plans and specifications, on projects which have a construction cost of $50,000 or less.

2. For Additional Services (Professional Service Supplemental Authorizations) or consulting services.

3. When a multiple of DPE is the basis for billing, principals' time shall be billed at a rate not to exceed that specified in the agreement for Consultant Services. No multiple shall be applied to the principals.

4. When a multiple of DPE is the basis for billing, services of other Professionals engaged by the Consultant shall be at 100% of direct cost, of those individuals or firms, which cost to the Owner shall not exceed that allowed under this policy. The prime Consultant may charge a multiple of 1.10 times the amount expended for the professionals' services, but not to exceed principals' rate of the prime Consultant.

3. In addition to the Basic Service fee, from the start of construction through Final Completion or sixty days after Substantial Completion, whichever occurs first:

1. If a full-time Consultant's Project Representative is used during construction, the fee shall not exceed that specified in the agreement for consulting services.

2. If a full-time Consultant's Project Representative is not used during construction, the fee shall not exceed one-third that specified in the agreement for consulting services for a full-time Project Representative.

4. For reimbursable expenses, the fee shall be 100% of the amount expended by the Consultant in the interest of the project.

5. Continuing contracts for Professional Services shall be negotiated upon the terms delineated above, or the current Palm Beach County School Board Consultants' negotiated Fee Schedule as applicable.

6. When the School Board authorizes the re-use of plans and specifications, the Consultant shall be paid a fee upon award of the construction contract as follows:

1. For re-use of plans and specifications, 20% of the original negotiated fee percentage, as adjusted, so as to reflect the dollar amount recommended for award of the contract for the re-use.

2. For necessary changes as requested by the Owner, 100% of the direct costs incurred for such changes as set forth in 7.05(2)(b) above.

3. For reproduction of plans and specifications, 100% of the direct cost.

4. After award of Contract, an additional 5% to increase the payment to 25%.

5. For administration of the contract, an additional 20% to increase total payments to 45%.

3. Professional Services Supplemental Authorizations (AIA Document G604) as provided in the Standard Form of Agreement Between Owner and Architect (AIA Document B141), as modified by the School Board of Palm Beach County, Florida, shall be presented to the Board for approval prior to commencement of any services, except as indicated below.

1. In the event of emergency circumstances, the Superintendent or his designated representative may approve Professional Services Supplemental Authorizations.

2. Designated representatives of the Superintendent and their levels of authority are as follows:

1. Directors within the Division of Planning and Operations - up to $10,000.00

2. Assistant Superintendent, Division of Planning and Operations - up to $20,000.00.

3. Associate Superintendent, Division of Planning and Operations - above $20,000.00.

3. All Professional Services Supplemental Authorizations that are staff approved shall be brought to the Board for ratification at the nextavailable meeting.

4. The Superintendent shall add any additional conditions necessary to protect the interests of the School Board and promulgate directives.

Page 7.07 - 7.082