00010000-95327.pdf

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METHOD OF COMPENSATION

EXHIBIT “B”

FPID: 202073 1 12 04

1.0 PURPOSE

This exhibit defines the method and limits of compensation to be made to the Consultant for the services described in Exhibit "A" (Scope of Services) and method by which payments will be made.

2.0 COMPENSATION

For satisfactory completion of services authorized under this agreement, the Department will pay the Consultant a

Total Maximum Limiting Amount not to exceed $1,500,000. This is a task assignment type agreement. The

Department will furnish the Consultant a task work order specifying the services to be performed and the fees to be paid for each project assigned under this agreement. Compensation for individual assignments will not exceed

$300,000.

The total amount of this agreement is expected to be funded by multiple annual appropriations. The State of

Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the

Legislature. Currently only $500,000 of the total amount has been approved. Therefore, it is agreed that the

Consultant will not be obligated to perform services nor incur costs which would result in exceeding the funding currently approved, nor will the Department be obligated to reimburse the Consultant for costs or make fee payments in excess of currently established funding. The Department will provide written authorization when appropriations for subsequent fiscal years are available for this project.

This Agreement allows for Task Work Orders to be individually funded. When funds are encumbered by the Task

Work Order a specific Financial Project Number and dollar amount shall be identified on the Task Work Order.

The Consultant shall invoice under the specific Financial Project Number.

2.1 Summary of Compensation

Fees for each task work order will be negotiated either as a lump sum amount, a limiting amount, or as a combination lump sum and limiting amount. Where limiting amount fees are established, compensation will be in accordance with Section 2.2. Compensation for appropriate and reasonable direct expense costs may be included in task work order fees.

The above-defined elements of this Agreement do not involve the purchase of Tangible Personal Property, as defined in section 273.02 Florida Statutes.

2.2 Details of Compensation

LUMP SUM ELEMENTS:

Lump Sum Tasks (LS 2)

The Consultant will receive progress payments for services based on the percentage of services that have been completed and accepted by the Department during the billing period.

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LIMITING AMOUNT ELEMENTS

For the following elements, which are established as limiting amounts, the Department will compensate the

Consultant for all reasonable, allocable and allowable costs incurred. The reasonableness, allocability and allowability of compensation sought under this agreement is expressly made subject to the terms of this

Agreement; Federal Acquisition Regulations; Office of Management and Budget Circulars A-21, A-87, A-102, A-110; and any pertinent Federal and State Law.

Salary & Salary Related Costs

Salary Costs: (LA 4)

Subject to the established limiting amount, the Consultant will receive progress payments for direct salaries and wages for time expended by personnel in the performance of authorized work during the billing period at the rates specified in Table 6 of Section 5.0. No multipliers will be applied to these rates.

Geotechnical, Materials & Testing, Subsurface Utility Services, Survey Crew: (LA 4)

Subject to the established limiting amount, the Consultant will be compensated for these services based on the rates provided in Table 6 of Section 5.0. No multipliers will be applied to these rates. Payment for such services will be based on approved time incurred during the billing period. Where the time units are in days, the rate will be prorated when less than a day is used. Time for excess travel will not be included as time worked. These rates include allowances for salaries, overhead, operating margin, direct expenses and FCCM if applicable. The survey party day rate is defined as compensation for an eight (8) hour workday, which consists of seven (7) hours actual survey time plus allowed two-way travel time of thirty (30) minutes each way. If travel time is not required, the Department expects eight (8) hours of actual survey time.

3.0 INVOICING PROCEDURE

The Consultant will be eligible for progress payments under this agreement at intervals not less than monthly or when individual tasks or mileposts defined in this agreement are completed or reached.

Invoices for this agreement will be prepared by the Consultant and submitted through the Department’s Consultant

Invoice Transmission System. The invoices will be supported by such information as may be required by

Department procedures to substantiate the charges being invoiced. The Consultant will maintain for this purpose a job cost accounting system that is acceptable to the Department.

If requested by the Department, the final invoice for this agreement will be accompanied by a certified job cost summary report generated by the accounting system. The report will include at a minimum the total number of hours and salary cost actually charged to the project, the total direct vehicle expense, the total miscellaneous direct expense, and total sub-consultant cost charged to the project.

Monthly, at the time of invoice submittal, the Consultant will report sub-consultant payments through the

Department’s Equal Opportunity Reporting System on the Internet. Failure to submit a properly completed report may be cause for rejection of the invoice. Within thirty days after receipt of final payment, the Consultant will submit a final sub-consultant payment report. The Consultant will pay all sub-consultants their proportionate share of payments received from the Department within thirty days of the Consultant’s receipt of payment from the

Department.

The Department will render a decision on the acceptability of services within five (5) working days of receipt of either the services or invoice, which ever is later. The Department reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the

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Department. Any payment withheld will be released and paid to the Consultant promptly when work is subsequently performed.

4.0 PROJECT CLOSEOUT

4.1 Final Audit

If requested, the Consultant will permit the Department to perform or have performed, an audit of the records of the Consultant and any or all sub-consultants to support the compensation paid the Consultant.

The audit will be performed as soon as practical after completion and acceptance of the contracted services.

In the event funds paid to the Consultant under this Agreement are subsequently properly disallowed by the Department because of accounting errors, or charges not in conformity with this Agreement, the

Consultant agrees that such disallowed funds are due to the Department upon demand. Further, the

Department will have the right to deduct, from any payment due the Consultant under any other contract, any amount due the Department.

4.2 Certificate of Completion

A Certificate of Completion will be prepared for execution by both parties stating the total compensation due the Consultant, the amount previously paid, and the difference.

Upon execution of the Certification of Completion, the Consultant will either submit a termination invoice for an amount due or refund to the Department for the overpayment, provided the net difference is not zero.

5.0 COMPENSATION RATES

The following tables are provided for definition of contractual rates. Table numbers not listed are not included in this document.

Table 6 - Loaded Billing Rates

Table 6

LOADED BILLING RATES

No Multipliers will be added to the following rates.

The above rates include allowances for salaries, overhead, operating margin, direct expenses, and FCCM if applicable.

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LOADED BILLING RATES

The above rates include allowances for salaries, overhead, operating margin, direct expenses, and FCCM if applicable.

The above rates include allowances for salaries, overhead, operating margin, direct expenses, and FCCM if applicable.

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The below rates include allowances for salaries, overhead, operating margin, direct expenses and FCCM if applicable.

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LOADED BILLING RATES

The below rates include allowances for salaries, overhead, operating margin, direct expenses and FCCM if applicable.