2-Exhibit A Scope.pdf

Exhibit A, Page 1 of 11

EXHIBIT "A”

SCOPE OF WORK

DISTRICT-WIDE ASBESTOS SURVEY, AIR MONITORING

AND ABATEMENT SUPERVISION

1.0 Introduction

The Florida Department of Transportation (Department) requires a Contract to provide Asbestos Consultant Services for any and all asbestos containing material, on parcels owned or to be acquired by the Department. The Asbestos Consultant (Consultant) shall provide the Department services listed below on an as needed basis:

• Inspecting, sampling, and securing analysis of samples;

• Preparing asbestos surveys and reports;

• Preparing operations and maintenance (O&M) plans when requested;

• Developing master abatement specifications and parcel-specific abatement work plans;

• Performing air monitoring for abatement and wet demolition activities;

• Supervising asbestos abatement and wet demolition activities.

The Consultant’s asbestos survey and related activities shall identify and address any asbestos containing material (ACM) on parcels acquired or to be acquired by the Department on assignments within the following specified counties:

Alachua, Baker, Bradford, Columbia, Clay, Duval, Dixie, Gilchrist, Madison, Lafayette, Levy, Taylor, Suwannee, Hamilton, Putnam, Union, Nassau, and St. Johns.

The majority of the structures on the parcels will be scheduled for demolition. In preparation for demolition, the Consultant shall survey the parcels for the presence or absence of ACM and shall document and certify to the Department the findings in an asbestos survey report. Parcel-specific asbestos abatement specifications shall be developed, when any abatement is required, and shall include specifications for abatement of all ACM identified on the parcel, and be of sufficient detail for use as the Scope of Work for an independent asbestos abatement Contract.

The Consultant shall, continuously, maintain a reliable means of telephone communication so that the Department may discuss any services needed as set forth under this scope of work. Consultant shall return any call, from the Department, within the same business workday.

Business workday shall mean the Monday through Friday, from 8:00 am to 5:00 pm, excluding state recognized holidays (see subsection 110.117(1), Florida Statutes) and Governor-declared office closures and/or Department-required office closures.

The Consultant understands and agrees that the award of this Contract does not necessarily grant the right to perform any specific work. This Contract is a non-exclusive agreement for services on an as-needed basis and, in the event the Department determines it to be in the Department's best interest, any and all work defined in this Contract, may be Contracted by the Department with other Consultants.

2.0 Department Responsibilities

Exhibit A, Page 2 of 11

The Department shall provide a Project Manager to assist the Consultant with all services to be provided under this Contract. Should there be any changes to the Project Manager, the Department shall provide updated contact information.

Project Manager: Julie Bassett Phone Number: 386-961-7476 Address: Florida Department of Transportation

1109 South Marion Avenue, Lake City, Florida 32025-5874 E-mail: Julie.bassett@dot.state.fl.us

All work performed for any project shall be coordinated through the Project Manager. All authorizations and approvals shall be in writing and executed by the Project Manager prior to commencement of any work.

The Department will provide the Consultant with any available information relating to structures.

The Department also will provide the Consultant with site access for each structure to be surveyed.

The Department does not warrant the accuracy or correctness of any of the information and is not responsible for any discrepancies in the information.

2.1 Consultant Responsibility to Obtain Approval to Commence Work

The Consultant understands that no work may be performed under this Contract without the prior written approval of the Department. This will be in the form of a Notice to Proceed for each Letter of Authorization.

The failure to acquire prior written authorization is grounds for the immediate termination of this Contract. Any failure by Consultant to acquire Project Manager’s prior written authorization, shall be sufficient for Department to deny compensation to the Consultant for services performed under this Contract without prior written authorization.

2.2 Consultant Responsibility to review and verify Department information

The Consultant shall verify the accuracy of the information as relates to any structures provided by the Department. Any discrepancies in information must be reported to the Project Manager prior to the start of any work.

3.0 Standards

3.1 The Consultant shall be familiar with in all applicable local, state, and federal laws, rules, regulations and guidelines including, but not limited to, OSHA and all environmental laws (“Governmental Law”) at the time the Consultant performs any work or provides any services under this Contract. All Consultant services shall be conducted in accordance with Governmental Law and under the direction of a licensed asbestos Consultant (LAC) in accordance with Chapter 469, F.S. The LAC providing surveys and developing abatement specifications shall be a full-time employee of the Consultant. Upon request by the Department, the Consultant shall provide copies of any and all licenses and certify, in writing, all Consultant services comply with Governmental Law.

3.2 The Consultant shall indemnify, defend and hold the Department harmless for any violation of Governmental Law caused by or resulting from Consultant’s performance or breach of this Contract (“Liabilities”). The Consultant shall promptly defend, indemnify, hold the Department harmless from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, costs, losses, Exhibit A, Page 3 of 11 penalties, construction delay costs / penalties, expenses, attorneys’ fees and suits, of any nature or kind whatsoever, caused by or resulting from Liabilities.

3.3 Consultant shall, at its sole cost and expense, obtain all necessary local, state, and federal permits and licenses to perform the services listed in this Agreement, including permits for sampling, collection, storage, transportation, recycling, and disposal of all materials. All permits and registrations, as required for this Agreement, will be obtained by the Consultant and maintained for the duration of the Agreement. Paper and electronic copies of all permits and licenses shall be available to the Department, state, or their authorized representatives, upon request.

3.4 When directed, (i.e., to do non-destructive sampling of occupied structures) the Consultant shall preserve from damage (as much as possible, beyond minimal sampling and in inconspicuous areas, if possible) any and all property associated with, or in the vicinity of, or in any way affected by the Consultant’s performance under this Agreement.

Any functional integrity damage (for example, but not limited to, causing the roof to leak), occurring to such structures, as the result of the Consultant’s performance, shall be immediately repaired at the Consultant’s sole cost and expense.

If Consultant does not repair the property within a reasonable time, within the sole discretion of the Department, may repair the property damage. Should the Department elect to repair the property damage, then the Department shall provide the Consultant with an invoice for any, and all costs, incurred by the Department, to correct the damage, and the Consultant shall pay the invoice.

All Department invoices, submitted to Consultant for payment, pursuant to the terms and provisions of this Agreement, are due and payable within thirty (30) days of the date of the invoice (“Due Date”). Any portion of an invoice, not received by the Department, by the Due Date, shall immediately, thereafter, begin accruing interest at a rate of interest established pursuant to §55.03, Florida Statutes, until paid in full.

4.0 Equipment and Labor

The Consultant shall provide all equipment and labor required to provide the services described in this Scope of Services.

The unit price under Exhibit “B” for each item shall include all Consultant expenses and costs to provide services under the terms of this Agreement. Expenses and costs include, without limitation:

overhead, equipment, transport, analytical, disposal, data/report generation, general and administrative costs, incidental expenses, operating margin, travel expenses, and any and all costs generated by or related to any subcontractor.

5.0 Emergency Notifications

If the Consultant discovers any situation, which could cause a danger to health, or safety, and requires immediate action, the Consultant shall notify the Department's Project Manager immediately. Emergency response shall be initiated by the Consultant, within twenty-four (24) hours of the Project Manager’s written authorization.

The Department may require the Consultant to develop and implement an Operations and Maintenance (O&M) Emergency Site Plan to secure the structure. Should the Department require an O&M, it shall provide its request in writing and the Consultant shall begin work immediately upon receipt of the same.

Exhibit A, Page 4 of 11

O&M Emergency Site Plan work may include, but is not limited to, the prevention of unauthorized entry into the structure by locking, bolting, screwing or nailing windows and/or doors, and boarding as necessary to secure damaged openings.

6.0 Asbestos Inspection and Survey Report

6.1 The Consultant shall prepare a Building Asbestos Survey (Survey), sampling and analysis, inspection and survey report. The Survey shall be consistent with industry practices and in compliance with all Governmental Law and, at a minimum, comply with the following:

6.1.1 Prior to physical inspection, the Consultant shall review any structural and/or building specification plans, as available, for each structure to be surveyed.

6.2 The Consultant, upon receipt of the Department’s Notice to Proceed, shall conduct an on-site physical inspection of each structure. Consultant shall Identify, document, quantify, and sample any suspect material for ACM, which is accessible in each structure, unless the material is assumed to contain ACM. If requested by the Project Manager, the Consultant shall also provide email notification of positive or negative ACM results as soon as results are available from the lab. Consultant shall provide electronic submission of Executive Summary and Conclusions and Recommendations per timeframes in Section 10.0, to be followed by two hard copies, per same schedule.

6.2.1 Regardless of subsequent determination of ACM, any and all areas, within the structure, with homogeneous suspect material shall be clearly indicated on a set of building floor plans and/or drawings. Areas of homogeneous suspect materials shall correlate with the sample location and be clearly delineated in the accompanying final report.

6.2.2 ACM shall be classified and categorized as required by Governmental Law. The

Consultant shall provide the applicable regulatory definition and reference, and certify such is true and accurate to the Department.

6.2.3 Sample all suspect material unless such material cannot be sampled. Identify and provide written justification to the Project Manager for all locations where suspect material may be present, but cannot be sampled, and why it cannot be sampled. If these parcels are scheduled for demolition, the Consultant may not justify sampling is impossible solely to maintain functional integrity. The Consultant shall notify the Project Manager of the necessity of reducing functional integrity. The Project Manager may determine that spaces that may ordinarily be physically inaccessible may be made accessible and inspected. If functional integrity is impacted, the Consultant may be required to perform minor repairs, as necessary, to maintain the structure in a safe condition. The Project Manager shall make all determinations of what conditions are required to comply with safe condition. Areas where no sampling is justified as impossible to access shall be determined by the Project Manager. The Consultant shall indicate on the drawings with a notation as to why the areas could not and/or should not be fully investigated.

6.3 The Consultant shall collect and analyze the appropriate number of bulk samples of material as required by all applicable Governmental Law, as warranted by structural conditions, and in accordance with standard industry practice. Upon Consultant’s sampling, the Consultant shall become the generator and assume all liability for such material. Upon the Consultant’s transport, the Consultant shall assume all arranger liability for the samples. The Consultant

Exhibit A, Page 5 of 11 shall indemnify and hold the Department harmless for any and all environmental liability arising against the Department.

6.3.1 The Consultant shall comply with any, and all, quality assurance/quality control

(QA/QC), and chain of custody procedures, as required by Governmental Law, and industry standard practice. All sampling locations shall be documented, on a set of reasonably scaled building floor plans or drawings, and marked with an identification number corresponding to the representative sample number. Bulk samples shall be identified by a unique sampling number and photographic documentation. Bulk samples shall be collected from suspect material, in each homogeneous area, and tested for the identification of the complete matrix of sample constituents, percentage of constituents other than asbestos, and the percentage of asbestos.

6.3.2 Bulk samples shall be analyzed by a NVLAP-accredited laboratory in compliance with applicable PLM/DS methods, industry practice, and Governmental Law. The analysis of bulk samples shall identify the complete matrix of sample constituents and asbestos consistent with the aforementioned Building Asbestos Survey Specifications. Documentation of lab accreditation shall be provided in the survey report. Certification of license Asbestos Consultants and Asbestos Inspectors shall be provided in the survey report.

6.3.3 Each survey report shall include the unique sampling number, photographic documentation, sampling location, chain of custody, methodology for testing, lab accreditation, testing raw data, final results, and categorization of suspect material.

Additionally, the survey report shall include a summary of the categorization, the applicable regulatory standard, all references to the applicable standards for comparison, and all testing results in the units set forth in the applicable regulatory standards.

6.4 The Consultant shall provide air sampling, as necessary, in compliance with Governmental

Law at the time of the inspection. A structure may be occupied or unoccupied at the time of inspection. The need for air sampling may be recommended by the Consultant and approved by the Project Manager. The Project Manager may make the determination a written response action is required, and the Project Manager’s determination shall be on a case-by-case basis. The Consultant’s written response action shall be in writing, in the Material Hazard Abatement response actions, and certified to be in compliance with Governmental Law and shall specifically address the requirements of NESHAP 40 CFR Part 61 Subpart M as such apply to parcels scheduled for demolition.

6.5 The Consultant shall prepare a separate parcel-specific survey report, which summarizes the results of the survey, and recommends abatement response alternatives and estimates costs. The report shall include the survey report, all documents used to prepare the report, and any other documents that may be needed to substantiate the presence or absence, quantity, condition, and location of ACM. The report shall be organized per Section 11.0, General Guidelines for Contents of Asbestos Survey Report.

The Consultant shall provide e-mail notification of positive or negative ACM results per subsection 10.1, when requested by Department.

An electronic copy of the Executive Summary (showing positive materials) and the Conclusion and Recommendations-Specific sections shall be submitted per subsection 10.1.

Exhibit A, Page 6 of 11

An electronic survey report and two hard copies, including O&M and work plans, if applicable, shall be submitted to the Department for review and approval per subsection

10.1. All documentation shall be signed and sealed by the LAC, with a copy of their license, provided in the survey report.

6.5.1 For facilities that do not contain ACM, the Consultant's report shall, at a minimum, consist of the following:

a. An appropriate number of color photographs taken of the exterior and interior of the building to substantiate and justify the Consultant’s determination the structure does not contain ACM;

b. A detailed description of the materials in and methods of construction of the building;

c. A justification, by the Consultant, and certification to the Department that the structure does not contain ACM.

6.5.2 For parcels with ACM, abatement recommendations and alternatives shall be provided. Where the ACM does not require removal, prior to demolition, wet demolition may be an appropriate recommendation, if cost effective. Whenever a parcel contains regulated ACM, abatement specifications shall be developed to include removal of all ACM in the structure, in compliance with all Governmental Law.

6.5.3 O&M Plan Requirements for Occupied Parcels

a. For parcels where occupancy will be for less than or equal to 180 calendar days:

If the asbestos survey identifies ACM in an occupied building and the established vacate date is less than or equal to 180 calendar days from the date the survey is performed, the Consultant shall prepare an O&M Letter Plan upon authorization from the Department. The O&M Letter Plan shall be addressed to the building occupants and shall simply and briefly address the location of ACM present and summarize any special material handling requirements. The O&M Letter Plan shall be dated, signed, and sealed by an LAC. The Consultant shall send the letter O&M Plan to the Department with the asbestos survey.

b. If a parcel will remain occupied for more than 180 calendar days from the date of the survey, then an O&M Full-Scale Plan (O&M Plan) shall be prepared by the Consultant in accordance with all Governmental Law. The O&M Plan shall address the fact that the facility shall be demolished when vacated and should consider such issues as the length of extended occupancy, number of occupants, type of facility, amount, location, condition, and type of asbestos present; reinspection requirements, and other information specific to Department acquired buildings. The plan shall be dated, signed, and sealed by an LAC and shall be submitted by the Consultant, to the Department, for review and approval per subsection 10.3.

c. All original O&M Plans and any subsequent revisions shall be reviewed and approved by the Department. Any revisions to the O&M Plan shall be submitted to the Department per subsection 10.3.

Exhibit A, Page 7 of 11

d. Upon request by the Department, the Consultant shall assist in implementing the O&M Plan and resolving any non-compliance issues associated with the implementation of the O&M Plan.

7.0 Abatement Specifications

The Consultant shall develop a single Master Abatement Specifications Manual (Master Abatement Specifications) upon issuance of a Notice to Proceed by the Department. The Master Abatement Specifications shall comply with all Governmental Law and include a comprehensive set of asbestos abatement specifications, which addresses the removal of any and all ACM, which may be encountered on any structure on any and all parcels. A written and electronic copy shall be submitted to the Department per subsection10.4. The Consultant shall review and notify the Project Manager and the Department upon any change to applicable Governmental law that would revise the Master Abatement Specification. The Project Manager may authorize a specific change to the Master Abatement Specification and upon written authorization by the Department, the Consultant shall revise the Master Abatement Specifications. The Revised Master Abatement Specification is to be submitted to the Department for review and approval per subsection 10.4.

In addition to the Master Abatement Specifications, the Consultant shall develop Parcel and/or Structure Specific Work Plans (work plans) when asbestos that requires abatement is determined to be present in any structure. These work plans shall be parcel and structure specific attachments to the Master Abatement Specifications. These work plan attachments are to be completed and submitted to the Department per subsection 10.3.

The Master Abatement Specifications with parcel-specific work plans shall be in a format and of sufficient detail as determined by the Department so as to be used as a scope of work for the abatement Contractor to complete any/all required abatement on the parcel. Abatement specifications shall be signed and sealed by the LAC.

8.0 Asbestos Abatement and Wet Demolition—Supervision and Air Monitoring

The Consultant shall provide all necessary services, including travel and equipment required for air monitoring, supervision of asbestos abatement and wet demolition, and final building clearance for all parcels, requiring asbestos abatement prior to or during wet demolition. These supervisory services include, without limitation, the following:

8.1 The Consultant shall monitor all asbestos abatement and wet demolition activities daily, develop and maintain a log of all monitoring including a description of events, times, equipment and personnel involved. The Consultant’s supervisory staff shall be appropriately trained/certified, as Asbestos abatement/project monitors, in compliance with all Governmental Law. The asbestos abatement project monitor shall be responsible for supervising the asbestos abatement Contractor during all on-site abatement operations.

8.2 The Consultant shall identify, resolve, and document all compliance with the asbestos abatement specifications or customary wet demolition activities. This shall include verifying appropriate abatement workers' training and medical documents, use of the appropriate techniques and equipment during work, compliance with schedules, and compliance with the applicable Governmental Law such as NESHAP's and the Worker Protection Rules.

8.3 The Consultant shall identify, resolve, and document any discrepancies in work activities, which are not in compliance with the asbestos abatement specifications or wet demolition

Exhibit A, Page 8 of 11

Contract, and abatement specifications. The Consultant shall immediately notify the Project Manager and any others as required by Governmental Law of any significant incidents of non-compliance.

8.4 The Consultant shall conduct all ambient asbestos air monitoring activities (Air

Monitoring), as requested. Air monitoring shall include, but not be limited to, air sampling, field and lab PCM analysis and final reporting, pursuant to asbestos abatement and demolition activities. TEM analysis will not be required under this Contract. Asbestos pre-abatement and final clearance air monitoring analysis shall be conducted off site by an accredited analytical laboratory. Air Monitoring shall comply with all appropriate methodology and comply with all Governmental Law, as necessary, to obtain a representative sample in open-air field conditions. Air Monitoring may also be requested in order to assess potential health hazards in occupied structures.

Per the EPA, The Asbestos Hazard Emergency Response Act of 1986 (AHERA) required that the National Institute of Standards and Technology (NIST) develop an accreditation program for laboratories conducting analysis of air and bulk material samples for asbestos. NIST maintains a listing of accredited asbestos laboratories under the National Voluntary Laboratory Accreditation Program (NVLAP). For more information, contact NIST at (301) 975-4016.

8.5 The Consultant shall conduct a final clearance visual inspection and final clearance air sampling, upon completion of asbestos abatement and removal or wet demolition operations.

8.6 Certify to the Department and any applicable regulatory agency that any, and all services, provided under the provisions of this Contract, are in compliance with Governmental Law.

Provide all applicable regulations and how complied with, upon request. Assist the Department in any regulatory agency interactions, or if requested, accompany the Department to regulatory agency meetings.

9.0 Final Clearance Reports

Upon completion of asbestos abatement or wet-demolition operations for a specific parcel, provide two (2) written copies of a final clearance report, summarizing all asbestos abatement or demolition activities, per subsection 10.4.2. The final clearance report shall include a project history, methodology and operation summary, agency notifications, all appropriate asbestos abatement consultant or demolition consultant submittals, field sheets, air monitoring data, asbestos waste disposal manifests, transport licenses, and final disposal location and facility address and identification, and any and all applicable disposal facility permits and licenses.

Review and request (if not received) post-job submittals from Department’s asbestos abatement Contractor (ACC) per subsection 10.1.2. These will include, without limitation: NESHAP notices, Project Information Logs, Exposure Logs, Asbestos Waste Records, Worker Certifications, Physicians’ Written Opinions, Fit Tests, Workers’ Releases.

10.0 Schedule

The following schedule is required for completion following the Department’s Notice to Proceed.

10.1 Five (5) Business Workdays

http://www.gpo.gov/fdsys/pkg/USCODE-2009-title15/html/USCODE-2009-title15-chap53-subchapII.htm http://www.nist.gov/nvlap/index.cfm http://www.nist.gov/nvlap/ http://www.nist.gov/nvlap/

Exhibit A, Page 9 of 11

10.1.1 Surveys/Samples: Upon request by Project Manager, and if available from laboratory, within five (5) days after date of survey, provide e-mail notification of positive or negative ACM results, and potential need for abatement or wet demolition. If not available within five (5) days of survey, Consultant is to provide immediately upon receipt from the laboratory but no more than thirty (30) days from the Project Manager’s request.

10.1.2 Abatement: The Consultant shall review post-job submittals from Department’s asbestos abatement Contractor (ACC). The post-job submittals for asbestos abatement shall include, but not be limited to: daily project information logs; daily exposure logs; asbestos waste records; and workers’ current certificates, fit test records and physicals. Within five (5) business days of receipt, the Consultant shall review and approve or give a written reason for return and return the Consultant submission to the Department for a request for resubmission. If the Consultant does not receive the post-job submittals within five (5) business days after abatement work is complete, the Consultant shall request them from the ACC and notify the Project Manager in writing.

10.2 Ten (10) Business Workdays

Surveys: Submittal of electronic copy of the Executive Summary (showing positive samples) and the Conclusions and Recommendations–Specific sections of the survey report for each structure, from the start date of written Notice to Proceed from the Project Manager.

10.3 Fourteen (14) Business Workdays

Surveys: Submittal of electronic and two (2) hard copies of completed survey report, O&M plan(s) and abatement specifications (parcel specific work plans) as needed for each parcel from the date of written notice to proceed to the Project Manager. Any revisions to the O&M Plan shall be submitted to the Department, within five (5) business workdays of receipt of an agency review or recommendation letter.

10.4 Twenty (20) Business Workdays

10.4.1 Submittal of completed Master Abatement Specifications Manual (see 7.0) to the

Project Manager. Any revisions to said Master Specifications shall be submitted within fourteen (14) business workdays.

10.4.2 Abatement/Wet Demolition: Submittal of electronic and two (2) written copies of a final clearance report summarizing asbestos abatement or wet demolition activities.

10.5 “Date-specific” Deadline

The Project Manager will establish due date in the Notice to Proceed for each LOA for the following services:

10.5.1 Abatement/Wet Demolition: The Project Manager will determine a schedule for Air Monitoring and supervision of abatement or wet demolition activities based on the actual abatement or wet demolition work.

10.5.2 Sampling only of materials (i.e. pile of shingles; other building materials; not a structure) with positive or negative results.

Exhibit A, Page 10 of 11

10.5.3 Point-count sample – 24-hour turn-around time. Consultant will email results to

Project Manager and include as applicable in final survey report.

10.5.4 Point-count sample – 48-hour turn-around time. Consultant will email results to

10.5.5 Point-count sample – 72-hour turn-around time. Consultant will email results to

10.6 Deadlines

10.6.1 Any failure to meet deadlines or request a time extension in writing and receive written approval from the Project Manager, prior to the deadline due date shall be sufficient for Department to refuse to compensate the Contractor for services performed without prior written approval under this Contract.

10.6.2 Three failures to meet deadlines or request time extensions in writing and receive written approval from the Project Manager (in advance), shall be grounds for the immediate termination of this Agreement by the Department.

11.0 General Guidelines for Contents of Asbestos Survey Report

Section 1 - Survey Overview: This shall be brief, parcel specific, and shall not include superfluous information such as the history of asbestos, dangers associated with asbestos, or any other informational type “filler".

The discussion of asbestos abatement shall be brief. For each parcel, the abatement discussion shall summarize the type and amount of ACM identified, where it was located and how it should be removed.

Section 2 - Floor plans: Cross hatch areas on floor plans to identify where ACM is located.

Document review: Either include a list of all documents (e.g., building plans, architectural drawings, etc.), which were reviewed, or state "None available.”

Section 3 - Photographs: Clear color prints showing easy to identify areas, sample locations, and sample numbers are required. Identify what sample consists of in each photograph and where samples are located. All samples are to be photographed as well as all "assumed" materials.

Section 4 - Lab sheets: Signatures are required on each lab sheet. The chain of custody must be signed by all parties.

Section 5 - Credentials: All certificates, licenses, and accreditation shall be current and copies thereof shall contain the expiration date. These shall consist only of the following:

Copy of numbered certificate;

Copy of Consultant's license; and Copy of lab's accreditation.

DOCUMENTS NOT TO BE INCLUDED IN THE REPORT

1. Methodology

Exhibit A, Page 11 of 11

2. Resume

3. Glossary of terms

12.0 DELIVERABLES

The Consultant shall provide the deliverables described in the table below to the Department’s Project Manager for written approval. During the Contract term, deliverable due dates may only be modified, if advanced, written approval is granted by the Department.

DELIVERABLES

Deliverable Description Anticipated Due Date

Letter of Authorization in accordance with Exhibit C, Method of Compensation, Section 4.0.

Date indicated in the Letter of Authorization.

13.0 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES

In accordance with Section 287.058, Florida Statutes, the Department has developed the following Performance Standards which shall be met by the Consultant in performance and delivery of services. The Department reserves the right to impose the liquidated damages indicated below upon the Consultant for failure to comply with the Performance Standard requirements as set forth in the chart below.

PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES

Performance Standard Requirement Liquidated Damages to be Imposed

A. Reports due within five (5) business workdays in accordance with Section 10, subsection 10.1.

One (1) percent of the LOA amount, per day, beyond the due date, until accepted by the Department in writing.

B. Reports due within ten (10) business workdays in accordance with Section 10, subsection 10.2.

One (1) percent of the LOA amount, per day, beyond the due date, until accepted by the Department in writing.

C. Reports due within fourteen (14) business workdays in accordance with Section 10, subsection 10.3.

Two (2) percent of the LOA amount, per day, beyond the due date, until accepted by the Department in writing.

D. Master Abatement Specifications Manual within twenty (20) business workdays in accordance with Section 10, subsection

10.4.

One (1) percent of the LOA amount, per day, E. Reports due within “Date-specific”

Deadline, in accordance with Section 10, subsection 10.5.

One (1) percent of the LOA amount, per day,