4-Exhibit B - Method of Compensation (Sample).pdf

DOT-RFP-25-4004-SP

EXHIBIT B – METHOD OF COMPENSATION

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State of Florida Department of Transportation

EXHIBIT B – METHOD OF COMPENSATION

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DISTRICTWIDE IMPLEMENTATION & MAINTENANCE OF NATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

PERMITS FOR FLORIDA DEPARTMENT OF TRANSPORTATION -

DISTRICT FOUR

FINANCIAL PROJECT NUMBER: 404336-3-72-02 & Various http://www.fdot.gov/

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1.0 PURPOSE:

This Exhibit defines the limits of compensation to be made to the Vendor for the services set forth in Exhibit “A”, Scope of Services, and the method by which payments shall be made.

2.0 ASSIGNMENT OF WORK:

The Department shall request Vendor services on an as-needed basis. Services to be provided on each project will be initiated and completed as directed by the Project Manager. A "Letter of Authorization" will be issued for each project scheduled.

3.0 COMPENSATION:

For the satisfactory performance of services detailed in Exhibit “A”, the Vendor shall be paid up to a Maximum Limiting Amount of $4,500,000.00. It is agreed that this amount will be the limit of all compensation due the Vendor for performance of the services described in Exhibit “A”. The Vendor shall not provide services that exceed the maximum limiting amount without an approved Amendment from the Department.

The total amount of this agreement is expected to be funded by multiple appropriations and the State of Florida’s performance and obligation to pay under this contract is contingent upon annual appropriation by the Legislature.

Currently $615,000.00 of the total amount has been approved and encumbered for this contract. Therefore, it is agreed that the Vendor 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 Vendor for costs or make payments in excess of currently established funding. The Department will provide written authorization (by Letter of Authorization (LOA) or with an email LOA) if and when subsequent funding is approved and encumbered for this contract.

The contract Budgetary Ceiling shall be made up of:

$ 615,000.00 Fiscal Year 2025/2026 $ 900,000.00 Fiscal Year 2026/2027 $ 900,000.00 Fiscal Year 2027/2028 $ 900,000.00 Fiscal Year 2028/2029 $ 900,000.00 Fiscal Year 2029/2030 $ 285,000.00 Fiscal Year 2030/2031

The Vendor shall not provide services that exceed the Fiscal Year amount(s) without an approved Amendment from the Department. If prior fiscal year funds are unused, the Department may authorize the use of these funds to pay for current services.

The total amount of this agreement is expected to be funded by multiple appropriations and the State of Florida’s performance and obligation to pay under this contract is contingent

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upon annual appropriation by the Legislature.

THE DEPARTMENT’S PROJECT MANAGER SHALL INSURE THAT ADEQUATE

FUNDS ARE ENCUMBERED PRIOR TO THE RENDERING OF SERVICES BY THE

VENDOR DURING THE TERM OF THIS CONTRACT.

4.0 ESTABLISHMENT OF LETTER OF AUTHORIZATION AMOUNT:

For each "Letter of Authorization" (LOA) the Vendor, following the Scope of Services as set forth in Exhibit "A", shall prepare an estimate of work and price based on the rates established in Exhibit "C", and allowable expenses. Once an acceptable Maximum Amount has been agreed upon by the Vendor and the Department's Project Manager, a "Letter of Authorization" shall be issued by the Project Manager. All work authorizations shall be completed within the term of this Agreement.

Unit Items necessary for assigned work activities not listed in Exhibit “C” – Price Proposal, are considered Non-Rate Unit Items and shall be paid at cost incurred upon approval and acceptance from the FDOT PM. To establish the cost, the VENDOR must obtain three (3) quotes, if possible, and use the lowest quote for any Non-Rate Unit Item cost. The VENDOR shall be asked to submit the quotes in writing to the FDOT PM for approval prior to the issuance of the LOA.

Fees for each "Letter of Authorization" will be negotiated as a limiting amount.

5.0 PROGRESS PAYMENTS:

The Vendor shall submit monthly invoices (3 copies) in a format acceptable to the Department. Payment for services shall be made at the unit billing rates in Exhibit “C”, as approved by the Department. The unit billing rates shall include the costs of salaries, overhead, fringe benefits and operating margin. Payment for expenses shall be made on the basis of actual allowable cost incurred as authorized and approved by the Department.

The invoice shall include documentation of man-hours provided and itemization of costs incurred (including receipts).

Invoices shall be submitted to:

Florida Department of Transportation Office of Maintenance Attention: Ivette Leiva

3400 West Commercial Boulevard Fort Lauderdale, FL. 33309

IF THE VENDOR HAS CERTIFIED THAT MBE OR DBE PARTICIPATION WILL BE

UTILIZED FOR THIS CONTRACT, THE FOLLOWING STATEMENTS MUST BE

INCLUDED:

The Vendor has certified that ____% MBE/DBE utilization would be achieved for this contract. If MBE utilization was certified by the Vendor, an MBE payment certification form

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shall be submitted with each invoice to verify the MBE utilization.

If DBE utilization was certified, DBE payments are to be input each month at the following link: https://www.fdot.gov/equalopportunity/eoc.shtm

New users reporting DBE payments will need to contact FDOT at EOOHelp@dot.state.fl.us to get a EOC user ID and password to access the application.

6.0 DETAILS OF UNIT RATES:

Details of Unit Rates for the performance of the Vendor’s services set forth in Exhibit "A" are contained in Exhibit "C", attached hereto and made a part hereof.

7.0 FINANCIAL CONSEQUENCES:

Failure to timely and satisfactorily perform any work associated with the scheduled completion of inspections, the DEPARTMENT may deduct 0.10% of the total LOA cost, for failure to provide the specified inspections in accordance with the DEPARTMENT"S

NPDES PERMIT REQUIREMENTS.

8.0 TANGIBLE PERSONAL PROPERTY:

This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, F.S.

**END OF EXHIBIT B – METHOD OF COMPENSATION**

https://www.fdot.gov/equalopportunity/eoc.shtm

FINANCIAL PROJECT NUMBER: 404336-3-72-02 & Various