CN-370000-GC890-T5.pdf

ATTACHMENT C

DEP Contract No. GC890, Attachment C, Page 1 of 4

TASK ASSIGNMENT NOTIFICATION FORM

DEP Agreement Number: GC890 Task Assignment #: GC890-05

Local Program Name: Broward County Board of County Commissioners

LP Contract Manager: David Vanlandingham Phone #: (954) 519-1478

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: $ 820,533.00 Task Performance Period July 1, 2020 to June 30, 2021

Total Task Assignment Value: $ 820,533.00

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

06/12/20

David G. Warfel Digitally signed by David G. Warfel Date: 2020.06.18 14:58:20 -04'00'

Susan Fields Digitally signed by Susan Fields Date: 2020.06.18 15:39:30 -04'00'

Natasha Lampkin Digitally signed by Natasha Lampkin Date: 2020.06.18 16:31:54 -04'00'

Tim J. Bahr Digitally signed by Tim J. Bahr Date: 2020.06.29 16:31:53 -04'00'

John Truitt Digitally signed by John Truitt Date: 2020.06.29 17:08:13 -04'00'

Justin Wolfe Digitally signed by Justin Wolfe Date: 2020.07.02 11:18:59 -04'00'

Digitally signed by DAVID VANLANDINGHAM Date: 2020.06.12 09:57:01 -04'00'

Brady_MJ Line

Brady_MJ Typewritten Text

DEP Contract No. GC890, 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 GC890.

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 $4,100.00 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 $8,200.00 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 $ 4,100.00 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 $8,200.00 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 $ 4,100.00 for subsequent years. This includes SRs (not interim source removals under SA) which will be paid at $ 8,200.00 for one (1) year and $ 4,100.00 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 $2,460.00 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 $ 4,100.00 per source property once the first LSA purchase order is issued.

DEP Contract No. GC890, 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 $4,100.00 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 $1000.00, 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. GC890, 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. GC890 is $ 820,533.00. The Local Program will be paid an annual fixed cost base rate of $781,460.00 for petroleum cleanup site management, $781,460.00 of which will be for petroleum cleanup site management of 212 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"

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