4-EXHIBIT B - METHOD OF COMPENSATION (Sample).pdf

DOT-RFP-23-4007-CO

EXHIBIT B – METHOD OF COMPENSATION

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State of Florida Department of Transportation

EXHIBIT B – METHOD OF COMPENSATION

(Sample)

FOR

DISTRICT WIDE MITIGATION, WILDLIFE AND

ENVIRONMENTAL SUPPORT SERVICES FOR

FLORIDA DEPARTMENT OF TRANSPORTATION,

DISTRICT FOUR OFFICE

FINANCIAL PROJECT NUMBER: 437901-1-22-01 & VARIOUS

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1.0 PURPOSE:

This Exhibit defines the limits and method of compensation to be made to the Vendor for services set forth in Exhibit "A" 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 $4,990,000.00. 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, $750,000.00 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.

This is a Term Contract for an Indefinite Quantity whereby the Vendor agrees to furnish services during a prescribed period of time. The specific period of time completes such a contract. Execution of this Agreement does not guarantee that the work will be authorized.

4.0 PROGRESS PAYMENTS:

The Vendor shall submit monthly invoices (3 copies) in a format acceptable to the Department, plus supporting documentation required by Department. For the satisfactory performance of the services detailed in Exhibit “A”, payment shall be made at the unit rates in Exhibit “C”, for services provided, as approved by the Department. The unit 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).

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Invoices shall be submitted to:

Florida Department of Transportation Planning and Environmental Management Office

Attention: Fernando Ascanio 3400 West Commercial Blvd

Fort Lauderdale Florida 33309

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 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://www3.dot.state.fl.us/EqualOpportunityOffice/bizweb/

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

5.0 DETAILS OF UNIT RATES:

Details of Unit Rates for the performance of the Vendor's services set forth in Exhibit A - Scope of Services are contained in Exhibit C - Price Proposal, attached hereto and made a part hereof.

The Department agrees to compensate the Vendor for services performed under this agreement in the following manner:

1. The Department and the Vendor will agree as to the services to be performed, the labor effort required for performance of service, and the compensation to be paid.

The Vendor shall be compensated for each assignment or project authorization under this agreement based on a Maximum Limiting fee. The schedule of rates listed in the Exhibit "C2" - Price Proposal shall be used for establishing compensation.

2. A detailed budget will be established for each project as part of the Work Plan and Cost Estimate (WPCE) which will define expected cost to complete the project.

The detailed WPCE will include, but is not limited to, the anticipated staff-hours needed for each wage category, the number, type and cost of laboratory samples, the type of equipment, etc.

3. Contract items listed in Exhibit "C" — Price Proposal which are later found to be needed which were not on the original project WPCE may be used as long as the maximum limiting fee is not exceeded, and the Project Manager or Designee gives prior verbal approval; followed by a written approval. A LOA amendment is not required.

4. If required, compensation for Sub-Contractor services for non-rate sheet items necessary for work not listed in Exhibit "C2" — Price Proposal Service Rates shall https://www3.dot.state.fl.us/EqualOpportunityOffice/bizweb/ mailto:FDOT.ServiceDesk@dot.state.fl.us

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be reimbursed at cost (no mark-up). The Sub-Contractor(s) performing the services and all non-rate sheet items must receive written approval by the Project Manager or Designee prior to the expenditure.

5. If possible, and as requested by the Project Manager, the Vendor must obtain three (3) quotes for the non-rate sheet item(s) and use the lowest quote when items or services. The Vendor must submit to the Project Manager or Designee for approval, a justification in writing if no quotes were requested and submitted for the non-rate items. Vendor may be asked to present quotes in writing for Department records.

6. Three (3) quotes should be waived if the non-rate sheet item(s) or service(s) are from a Sub-Contractor(s) listed under the Vendors response for proposal package.

7. All costs for "tools of the trade" are overhead and not billable. All costs for "tools of the trade" should include, but are not limited to: Basic Personal Protective Equipment (i.e. gloves, goggles, basic respirators and cartridges, basic Tyvek and/or other chemical resistant suits, rubber boots etc.) cell phones, locks, well caps, digital camera, computer, sampling jars/vials, decontamination equipment (i.e. hoses, buckets, D.I. water, soap, steam cleaner etc.) hand tools (i.e. brooms, shovels, wrenches, screwdrivers etc.). The use of any portable radio will be considered part of the Vendor's overhead expense.

8. All work authorized in Florida Department of Transportation (FDOT) District Four (D4), which includes the five counties (Broward, Palm Beach, Martin, St. Lucie, and Indian River counties), the Miami-Dade Rail Corridor, and D4 lead project limits will be paid as local travel, unless travel is in excess of fifty (50) miles one-way outside of District Four, when authorized, shall be reimbursed in accordance with Department of Transportation published procedures and Section 112.061 F.S.

9. Any assignment that requires work outside of FDOT D4 will require preapproval for travel expenses. There will be no payment for personnel or equipment mobilized to a site within the district. Payment will only be authorized by the Department Project Manager or Designee on a task specific case-by-case basis for time to mobilize specialized personnel or equipment to work sites outside of D4.

10. For any equipment, which requires delivery to, or removal from a site, the cost of that mobilization or demobilization shall be included in the cost of the equipment (within D4). Price of equipment shall include all cost to operate, fuel and maintain (operator not included). All mileage and fuel shall be included in the price of the equipment. All charges for fuel on small equipment is to be included in the price of equipment.

11. All Exhibit -C" — Price Proposal Environmental Service Rates shall be invoiced at the Daily, Weekly or Monthly Rate whichever is the most economical to the Department. Daily costs or prices shall reflect a ten (10) hour day. Equipment and facilities used less than a ten (10) hour day will be paid on a prorated basis by the quarter day. The rates submitted shall be for the duration of the contract. Four full

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days of usage shall be billed at the Weekly rate, three full weeks of usage should be considered a Monthly rate.

12. The rates submitted shall be for the entire contract.

6.0 DETAILS OF NON-RATE UNIT ITEMS:

Unit Items necessary for assigned work activities not listed in Exhibit “C”, are considered Non-Rate Unit Items and shall be paid at cost. 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.

7.0 TANGIBLE PERSONAL PROPERTY:

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

8.0 FINANCIAL CONCEQUENCES

Failure to commence work within 10 calendar days of written approval of proposal or failure to complete assignments/projects within the mutually agreed upon timeframe shall result in a financial penalty of $100.00 per hour.

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