Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-14-1 - EMPLOYMENT OF DESIGN PROFESSIONALS FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA BUILDING COMMISSION › Section 355-14-1-.07 - Application Of Basic Fee Rate

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Basic Fee percentage rate determined
			 by the project budget shall be applied to the cost of the work. It is not
			 necessary to change the Basic Fee percentage rate because the amount of the
			 subsequent construction contract as awarded or adjusted for minor change orders
			 falls within a bracket of the schedule that is higher or lower than that of the
			 project budget. If major changes in the project and budget occur during the
			 design or construction phases of the project and warrant an increase or
			 decrease in the Basic Fee rate to provide fair and reasonable compensation, the
			 change must be agreed upon in an amendment to the agreement. "Major Changes"
			 include, but are not limited to, changes in project size, complexity, usage,
			 arrangement, schedule, delivery, or phasing of the construction or improvement
			 work and may or may not result in a major, or significant, change in the cost
			 of the work. A Major Change may warrant adjustment of the Basic Fee rate if the
			 change is requested by the awarding authority and the change requires design,
			 administrative, consultant, or other services materially different from those
			 contemplated by the agreement.
(2)
			 The "Schedule of Basic Fee Rates" of rule
			 355-14-1-.10 contemplates that
			 the work covered by an agreement will be executed either under one lump sum
			 construction contract or under one lump sum construction contract for sitework
			 and a second lump sum construction contract for building construction.
			 Separation of the work into additional construction contracts may warrant
			 negotiation of a higher rate, the basis of which shall be stated in the
			 agreement or in an amendment to the agreement.
(3) The Basic Fee rate shall apply to the
			 combined cost of all buildings or other work covered by an agreement whether
			 the work is executed under one construction contract or one contract for
			 sitework and a second contract for building construction.
(4) If the work covered by an agreement is so
			 divided that more than one building group is involved, the Basic Fee rate of
			 the appropriate building group may be applied to each building. Division of
			 Basic Fee rates must be stipulated in the agreement.
(5) If the scope of an agreement involves
			 substantial duplication of buildings on the same site, the Basic Fee for all
			 services shall be applicable to the cost of the work for the first building.
			 One-half of the Basic Fee for design services shall be applicable to the cost
			 of the work for the second building which is a substantial duplication of the
			 first. The basic fee for design services for other buildings which are
			 substantial duplications of the first and second buildings shall be negotiated
			 and defined in the agreement, but in no case shall exceed the fee for the first
			 duplication. The fees for contract and construction administration services
			 shall be paid in full for duplicated buildings.
(6) If the scope of an agreement involves
			 substantial duplication of buildings on more than one site, the Basic Fee for
			 all services shall be applicable to the cost of the work of site improvements
			 of each site as well as modifications required to adapt the design of the
			 substantially duplicated building to conditions of the second, third, etc.,
			 sites. The Basic Fee for all services shall be applicable to the cost of the
			 work for the first building. One-half of the Basic Fee for design services
			 shall be applicable to the cost of the work for the second building which is a
			 substantial duplication of the first. The basic fee for design services for
			 other buildings which are substantial duplications of the first and second
			 buildings shall be negotiated and defined in the agreement, but in no case
			 shall exceed the fee for the first duplication. The fees for contract and
			 construction administration services shall be paid in full for duplicated
			 buildings
Author:
Kippy Tate, Director
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-141.