CN-370000-GC889-T5.pdf

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Master Agreement FL|GC889|8a48937ec1d72950604ed29203660943
Contract number
GC889
Issued by
Florida

About this file

Contract Summary

This is a Task Assignment Notification Form (Task Assignment #5) under DEP Contract No. GC889, executed between the Florida Department of Environmental Protection (DEP) and Brevard County Natural Resources Management Office. The contract runs from July 1, 2020 to June 30, 2021, with Doug Divers serving as the Local Program Contract Manager and David G. Warfel as the DEP Contract Manager. The document establishes terms for petroleum cleanup site management services within Brevard County's jurisdiction.

The task assignment is valued at $839,580.00 on a fixed-cost basis, with an annual fixed cost base rate of $799,600.00 allocated to the management of 237 non-Low Score Assessment source properties. Compensation is tiered based on site phase: planning phase sites receive $4,000 annually, remediation phase sites receive $4,000 annually for the first two years post-approval then $4,000 thereafter (or $8,000 for one year followed by $4,000 for subsequent years for limited scope remedial action plans), and monitoring phase sites receive $2,400 annually. Additional performance incentive payments of $1,000 are available for Site Rehabilitation Completion Orders issued within 60 days of approval, capped at 5 percent of total non-Low Score Assessment compensation annually. The contract employs a retainage system whereby 5 percent of monthly compensation is withheld, with 80 percent potentially released based on four performance metrics (deliverable review turnaround times, request for change turnaround times, database data entry accuracy, and document insertion into OCULUS system), and the remaining 20 percent released upon achievement of a 98 percent site inspection target. Monthly payments may range from 95 to 104 percent of one-twelfth of total non-Low Score Assessment compensation, with no cost reimbursement permitted under the assignment.

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ATTACHMENT C

DEP Contract No. GC889, Attachment C, Page 1 of 4

TASK ASSIGNMENT NOTIFICATION FORM

DEP Agreement Number: GC889 Task Assignment #: GC889-05

Local Program Name: Brevard County Natural Resources Mgmt. Office

LP Contract Manager: Doug Divers Phone #: (321) 633-2017 x23

DEP Contract Manager: David G Warfel Phone #: (850) 245-8891

Task Description: (use additional pages if necessary)

See attached .

Deliverables: See Attachment A, Paragraphs A, B, C and E.

Task Assignment Type Amount not to Exceed

Fixed Cost: $ 839,580.00 Task Performance Period July 1, 2020 to June 30, 2021

Total Task Assignment Value: $ 839,580.00

Organization Code E.O. Object Code Module Category Fiscal Year GAA Line Item # Budget Representative Approval

37450401002 JN 131545 4713 104138 00 GAA TBD

DEP Contract Manager Date

Cost Center Administrator Date

Program Administrator Date

Division Director Date

Deputy Secretary Date

Secretary Date

Contractor Representative Date

Monica J. Brady Digitally signed by Monica J. Brady Date: 2020.06.29 15:19:22 -04'00'

David G. Warfel Digitally signed by David G. Warfel Date: 2020.06.18 14:58:38 -04'00'

Susan Fields Digitally signed by Susan Fields Date: 2020.06.18 15:37:51 -04'00'

Natasha Lampkin Digitally signed by Natasha Lampkin Date: 2020.06.18 16:31:38 -04'00'

Tim J. Bahr Digitally signed by Tim J. Bahr Date: 2020.06.29 16:31:32 -04'00'

John Truitt Digitally signed by John Truitt Date: 2020.06.29 17:08:34 -04'00'

Justin Wolfe Digitally signed by Justin Wolfe Date: 2020.07.02 11:19:20 -04'00'

Divers, Doug Digitally signed by Divers, Doug Date: 2020.06.16 07:59:52 -04'00'

Brady_MJ Typewritten Text

Brady_MJ Line

DEP Contract No. GC889, Attachment C, Page 2 of 4

Task Assignment No. 5 (07/01/2020 – 06/30/2021) A. Tasks

Local Program performs all work as specified in Attachment A of the Contract GC889.

B. Performance Measures

Department Contract Manager shall review deliverable documentation to ensure that work has been performed as specified in the Scope. The Department Contract Manager will notify the Local Program of acceptance or any deficiencies in the work and/or deliverables. The Local Program will be given an opportunity to remedy deficiencies at no additional cost to the Department. In addition, the Department Contract Manager will perform a detailed performance analysis to determine retainage release on a monthly basis, per Paragraph D below.

C. Compensation

Fixed costs include all expenses associated with vehicle operation and maintenance, lease, or rental (including vehicle maintenance cost for field visits and operation and maintenance (O&M) inspections; all travel costs associated with Department training and/or meetings with Department representative(s) within Florida) all costs for staffing, including salaries, fringe benefits, rent, utilities, any overhead and indirect expenses; general administrative expenses and all other costs related to the performance of the work specified in the Attachment A of the Contract and this Task Assignment.

1. Level of Effort.

If the Local Program has been assigned more than one site (discharge) at a source property, the Local Program will only be compensated for the site with the highest level of effort.

Retainage will be withheld as specified in Paragraph D for the following activities:

a. The Local Program will be compensated at a rate of $4,000.00 per source property per year in planning phase

(site assessment (SA), including interim source removal, and remedial action plan (RAP)).

b. Remediation phase (remedial action construction (RAC), operation and maintenance (O&M) and source removal (SR)); because more effort is expected and required in managing sites in these phases, source properties with sites in remediation phase will be compensated at a rate of $4,000.00 per year for the first two

(2) years after a RAP Approval Order, UIC Approval Order, or County-issued approval letter, if no Order is required, is issued for a Level 1 or Level 2 RAP or a Level 4 Limited Scope RAP or RAP Modification Plan (as defined in Attachment B of the Contract), and $4,000.00 after the first two (2) years. For a Level 1, 2 or 3 Limited Scope RAP or RAP Modification Plan (as defined in Attachment B of the Contract) the source property will be compensated at a rate of $8,000.00 for one (1) year after a RAP Approval Order, UIC Approval Order or County-issued approval letter if no Order is required, is issued, and $4,000.00 for subsequent years. This includes SRs (not interim source removals under SA) which will be paid at $8,000.00 for one (1) year and $4,000.00 for subsequent years.

c. Sites in monitoring phase (natural attenuation monitoring (NAM), post active remediation monitoring (PARM), long term natural attenuation monitoring (LTNAM), and well abandonment for site closure (WASC)); because minimal effort is expected and required for sites in this phase, the Local Program will be compensated at a rate of $2,400.00 per year.

d. Non-Program and Voluntary Cleanup sites: The Local Program will be compensated at 75% of the level of effort cost as described above.

Retainage will not be withheld for the following activities:

a. Sites that are low score assessments (LSAs): for LSA sites, the Local Program will receive a one-time payment of $4,000.00 per source property once the first LSA purchase order is issued.

DEP Contract No. GC889, Attachment C, Page 3 of 4

b. Once an LSA is complete, and if the Local Program determines that the site may qualify for conditional closure without remediation, either because a Conditional Closure Application or a No Further Action Proposal with Conditions has been submitted, the site may be paid at a rate of $4,000.00 on an annual basis until the Conditional Site Rehabilitation Completion Order or LSSI No Further Action Order is issued, or it is determined that conditional closure is not achievable without remediation.

2. Performance Incentives

a. In order to encourage more efficient site cleanup, and in addition to the fixed cost payments, the Local

Program shall be paid an additional target payment of $1,000.00, when the following is completed at a site:

i. A Site Rehabilitation Completion Order (SRCO) per Chapter 62-780.680, F.A.C., or Low Score Site

Initiative No Further Action Approval Order per Section 376.3071(12), F.S., is issued, but only if the order is submitted to the Department within 60 days of the approval of the no further action proposal or well abandonment report, whichever is later. The number of discharges listed in a SRCO should correspond with the number of discharges listed in the no further action proposal. For example, if multiple discharges were proposed for no further action in a report, only one SRCO shall be submitted.

b. 5% PERFORMANCE INCENTIVE PAYMENT MAXIMUM -The maximum amount that can be paid annually is 5% of the total non-LSA source property compensation amount, even if more performance incentives are met. Performance incentives must be billed for on the invoice for the month they are achieved.

3. Cost reimbursement: No cost reimbursement will be made under this Task Assignment.

D. Financial Consequences

No payment will be made for unsatisfactory work. In addition, retainage will be withheld in the amount of 5% of 1/12 of the total non-LSA source property compensation.

Retainage

1. 5% of 1/12 of total non-LSA source property compensation will be withheld as retainage each month.

2. Based on the level to which performance measures are met, up to eighty percent (80%) of the retainage will be released the month after the invoice is submitted. Performance for purposes of obtaining the eighty percent (80%) retainage is based on the following four (4) performance measures:

a. Performance Measure 1: Turnaround times for deliverable reviews – Percentage of deliverable reviews that met turnaround times (Attachment T of Contract) will be self-reported in the monthly invoice and a percentage of those will be verified by the Department;

b. Performance Measure 2: Turnaround times for requests for change – Percentage of requests for change that met turnaround times will be self-reported in the monthly invoice and a percentage of those will be verified by the Department;

c. Performance Measure 3: Data entry correctly and timely completed in the Storage Tank Contamination Monitoring (STCM) database – based on a review by the Department of a percentage of documents reported on the invoice and correctly and timely updated in STCM (Paragraphs A.1.a., A.1.e, A.1.i., and A.1.l. of Attachment A). The overall percentage of data correctly and timely updated or entered in STCM will be extrapolated from the Department’s review; and

d. Performance Measure 4: Document correctly and timely inserted into OCULUS – based on a review by the Department of a percentage of documents reported on the invoice and correctly and timely inserted into STCM (Paragraphs A.1.e., A.1.f, A.1.g.iii, A.1.h, A.1.i., and A.1.m. of Attachment A). The overall percentage will be extrapolated from the Department’s review.

DEP Contract No. GC889, Attachment C, Page 4 of 4

3. Performance Measures: Monthly Retainage Release Schedule

a. The percentage calculated for each of the above four performance metrics will be averaged, and that average will be used to determine how much retainage will be released;

b. If the average of the four monthly performance metrics is 90% or above, then 80% of withheld retainage will be released the following month;

c. If the average of the four monthly performance metrics is at least 80%, but less than 90%, then 60% of withheld retainage will be released the following month and 20% of the withheld retainage will be forfeited.

d. If the average of the four monthly performance metrics is at least 70%, but less than 80%, then 40% of withheld retainage will be released the following month and 40% of the withheld retainage will be forfeited.

e. If the average of the four monthly performance metrics is below 70%, then 0% of the withheld retainage will be released the following month and 80% of the withheld retainage will be forfeited.

4. The remaining twenty percent (20%) of retainage will be withheld from each monthly payment and shall be released at the end of the Task Assignment if 98% of all assigned source properties were visited or inspected during the fiscal year pursuant to Paragraph A.1.g of Attachment A of the Contract, based on self-reporting by the Local Program and a percentage of those will be verified by the Department. See attached List of Source Properties Requiring Inspection in FY 20/21 for list of source properties that are assigned to be visited inspected.

Failure to meet the 98% target shall result in forfeiture of this retainage.

E. Budget Summary

The total Task Assignment (TA) amount for TA #5 of DEP Contract No. GC889 is $839,560.00. The Local Program will be paid an annual fixed cost base rate of $799,600.00 for petroleum cleanup site management, $799,600.00 of which will be for petroleum cleanup site management of 237 non-Low Score Assessment (LSA) source properties.

Additional funds are considered in this Task Assignment for compensation associated with the completion of Performance Incentives (see Paragraph C.2., above). However, the actual payment amount may be less than the Task Assignment amount, based on the Local Program’s performance.

1. Payments for each month can range from 95% to 104% of 1/12 of the total non-LSA source property compensation amount, plus LSA costs (per Paragraph C.1.e above). An additional 1% of 1/12 of the total non- LSA source property compensation amount could be paid at the end of the Task Assignment.

2. SRCOs that are issued do not reduce the total non-LSA source property compensation amount for this Task Assignment.

3. If an additional number of source properties (increase of 5% or 15 sites, whichever is greater) are assigned to the

Local Program during a Task Assignment period, a Task Assignment Change Order may be issued to provide compensation for the increased number of source properties if the Local Program makes a written request.

List of Source Properties Requiring Inspection in FY 20/21

*Note - Per TA Attachment A Section A.1.g.i: "If a site will receive a site rehabilitation completion Order (SRCO) or if a low-score assessment (LSA) will be generally characterized for risk within the first two months of the fiscal year, a field visit or O&M inspection will not be required"

058500854 058500890 058500908 058500919 058500925 058500933 058500937 058500956 058500983 058501014 058501018 058501023 058501048 058501060 058501062 058501073 058501078 058501087 058501092 058501110 058501119 058501149 058501152 058501162 058501186 058501221 058501266 058501276 058501294 058501307 058501311 058501312 058501334 058501341 058501344 058501349 058501352 058501361 058501374 058501390 058518151 058518302 058518372 058518388 058518405 058518413 058518428 058518459 058518468 058518490 058519301 058521069 058521094

058521835 058622212 058622708 058622716 058627736 058627739 058627748 058627776 058627791 058732112 058732869 058735241 058736779 058839126 058841446 058842106 058842315 058942893 058943063 058943133 059100269 059101538 059201864 059202219 059202518 059601394 059700559 059700663 059801559 059801561 059802043 059802931 059803093 059804192 059804860 059806391 059806646 059808480 059808785 059812923 059815230 318509170 318509191 318509192 318509196 318509199 318509208 318509210 318509238 318509316 318509321 318509335 318509339

318520206 318520213 318520214 318520251 318520271 318520278 318520290 318629891 318629911 318629989 318735804 318837606 318942908 318944032 318944144 318945461 319100095 319100938 319101921 319102766 319102860 319201103 319201744 319800547 319802111 438511442 438511465 438511487 438511491 438511496 438511509 438511515 438511520 438511524 438511552 438511582 438511585 438511595 438511601 438511603 438511615 438520084 438520097 438520103 438520109 438629958 438630057 438630116 438731791 438837295 438840751 439200928 439601063

439700359 478512467 478512478 478512495 478512524 478512552 478512557 478519986 478630259 478630263 478630290 478630298 478630300 478731942 478732808 478838253 478841188 478841550 478841570 478942926 478943946 479047271 479102339 479103533 479200577 479201449 479600049 568516029 568516038 568516044 568516045 568516069 568516135 568516137 568516138 568516158 568516167 568516178 568516181 568516199 568516208 568516222 568516223 568516231 568516259 568518578 568518580 568518583 568518584 568518593 568518595 568518631 568519341

568519348 568631078 568631088 568631093 568631100 568732887 568736550 568837598 568840968 568841017 568841379 568942900 568943267 569101611 569202664 569300064 569300379 569300383 569400357 569400513 569500007 569807947 568516179

C - TA Notification Form - Brevard 20-21.pdf
Brevard TA Site List 20-21

File details come from the government source that posted it. Updated .