Petroleum Preapproval Program - Pay For Performance Agreement

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  Work Order Number:                                     

  FDEP Facility ID#:                                     

  Site Name:                                             (the 'Site')

  Address (Street,                                       
  City):                                                 

  Contractor Name:                                       (the
                                                         'Contractor')

  Contractor Address:                                    

                                                         

  Contractor                                             
  Representative:                                        

  FDEP/LP Site Manager:                                  (the 'Site
                                                         Manager')
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This Agreement is entered into pursuant to Section 376.30711(2)(a),
Florida Statutes (F.S.), for performance based cleanups using Pay For
Performance criteria.

1.  The Contractor agrees to perform all services under this Agreement
    in accordance with Sections 376.305 - 3072, F.S., Chapter 62-770,
    Florida Administrative Code (F.A.C.) and all Department of
    Environmental Protection (Department) rules and guidance applicable
    to this cleanup.

2.  The Contractor shall conduct the cleanup in accordance with the
    scope of work described in Attachment A but may deviate from this
    scope of work if necessary to complete the cleanup. However, the
    Contractor shall notify the Department prior to any such deviation
    and provide to the Department any and all documentation needed to
    satisfy the requirements of Chapter 62-770, F.A.C. and Department
    guidance. Such documentation may include the preparation and
    submittal of a Remedial Action Modification Plan (RAMP). If such a
    RAMP is deemed necessary to satisfy the requirements of Chapter
    62-770, F.A.C. or written Department guidance, then the Contractor
    shall not proceed with the proposed change until the RAMP is
    approved by the Department.

3.  The Contractor shall perform the services in a proper and
    satisfactory manner as determined by the Department. Any and all
    such equipment, products or materials necessary to perform these
    services, or requirements as further stated herein, shall be
    supplied by the Contractor.

4.  The Contractor shall hold harmless and indemnify the site owner, the
    Department and the State of Florida against any third party
    liability from damage caused by the Contractor. The parties hereby
    agree that \$10.00 of the total compensation paid under this
    Agreement is consideration for this indemnity Agreement. This
    indemnification is provided in addition to the insurance
    requirements of the preapproval program as specified in Section
    376.30711(2)(c), F.S.

5.  The Contractor shall maintain the minimum qualifications for work in
    the preapproval program required pursuant to Sections
    376.30711(2)(b)-(c), F.S., throughout the duration of this
    Agreement. Failure to maintain the required qualifications, or
    promptly correct any lapse, may be considered as a failure to
    perform this Agreement and handled in accordance with paragraph 15
    of this Agreement.

6.  The State of Florida's performance and obligation to pay under this
    Agreement is contingent upon an annual appropriation by the
    Legislature. If the Legislature does not provide an appropriation to
    support this Agreement, then the Contractor's obligation to perform
    under this Agreement will be terminated. Such a termination shall
    not be considered as failure to perform by the contractor and shall
    be handled in accordance with paragraph 23.

7.  Pursuant to Section 215.422, F.S., the Department's Site Manager
    shall have five (5) working days, unless otherwise specified herein,
    to inspect and approve the services for payment; the Department must
    submit a request for payment to the Florida Department of Banking
    and Finance within twenty (20) days; and the Florida Department of
    Banking and Finance is given fifteen (15) days to issue a warrant.
    Days are calculated from the latter date the invoice is received or
    services received, inspected, and approved. Invoice payment
    requirements do not start until a proper and correct invoice has
    been received. Milestone invoices may not be submitted until the
    Department has had a maximum of twenty-one (21) days to review any
    information submitted by the Contractor in support of the attainment
    of a cleanup milestone as defined in Attachment A. If the Department
    does not concur that the cleanup milestone has been achieved, then
    the Contractor shall not invoice for that milestone until they have
    demonstrated attainment of the milestone to the Department's
    satisfaction. Invoices that have to be returned to a Contractor for
    correction(s) will result in a delay in the payment. A Vendor
    Ombudsman has been established within the Florida Department of
    Banking and Finance who may be contacted if a Contractor is
    experiencing problems in obtaining timely payment(s) from a State of
    Florida agency. The Vendor Ombudsman may be contacted at
    850/488-2924 or 1-800-848-3792.

8.  This Agreement is an exclusive contract for services and may not be
    assigned in whole or in part without the written approval of the
    Department. The Contractor shall not sublet more than 75% of the
    dollar volume of work under this Agreement without the prior written
    consent of the Department's Site Manager. The Contractor agrees to
    be responsible for the fulfillment of all work elements included in
    any subcontract and agrees to be responsible for the payment of all
    monies due under any subcontract. It is understood and agreed by the
    Contractor that the Department shall not be liable to any vendor or
    subcontractor for any expenses or liabilities incurred under the
    subcontract and that the Contractor shall be solely liable to the
    subcontractor for all expenses and liabilities incurred under the
    subcontract.

9.  Pursuant to Section 216.2815, F.S., all records in conjunction with
    this Agreement shall be public record and shall be treated in the
    same manner as other public records are under general law. This
    Agreement may be unilaterally canceled by the Department for refusal
    by the Contractor to allow public access to all documents, papers,
    letters, or other material subject to the provisions of Chapter 119,
    F.S., and made or received by the Contractor in conjunction with
    this Agreement.

10. The Contractor shall maintain books, records and documents directly
    pertinent to performance under this Agreement in accordance with
    generally accepted accounting principles consistently applied. The
    Department, the State, or their authorized representatives, shall
    have access to such records for audit purposes during the term of
    this Agreement and for three years following Agreement completion.
    In the event any work is sublet, the Contractor shall similarly
    require each subcontractor to maintain and allow access to such
    records for audit purposes. It is not the Department's intention to
    use these audits to seek cost recovery of over-payments, but rather
    to use these audits to revise and refine the Department's cost
    estimating policies and procedures. However, cost recovery will be
    pursued if there is evidence of fraud or other illegal activity.

11. The Contractor specifically agrees to provide to the Department all
    necessary books, records and documents pertinent to performance
    under this Agreement in order to assess the cost effectiveness of
    Pay for Performance Agreements.

12. The Contractor shall perform as an independent Contractor and not as
    an agent, representative, or employee of the Department.

13. This Agreement may be terminated by the Department at any time for
    failure of the Contractor to perform in accordance with the terms
    and conditions contained herein. The Department will provide 21
    calendar days written notice detailing the deficiencies. The
    Contractor will be provided 21 calendar days to correct the
    deficiencies. In the event of an imminent hazard the Department
    shall not be required to provide notice and the option to cure to
    the Contractor, but may act immediately to abate the hazard. If the
    Contractor created the hazard and the Department must act to abate,
    then the Contractor agrees to indemnify the Department in accordance
    with the indemnity provisions of this Agreement.

14. The Department reserves the right to stop work under this Agreement
    if it is the best interest of the State. Any delay in the cleanup
    schedule caused by such order shall be handled in accordance with
    paragraph 21.

15. The Contractor acknowledges that, as set forth in Section
    376.30711(5)(e), F.S., the Department must terminate the
    Contractor's eligibility for future contracts under the preapproval
    program if the Department determines that the Contractor has failed
    to perform its duties for site rehabilitation tasks set forth in
    this Agreement. In the event that the Contractor is determined
    ineligible for future contracts under the preapproval program, no
    future contracts or work proposals will be accepted from the
    Contractor by the Department or Local Programs. For the purposes of
    this paragraph, the term "Contractor" shall mean the individual or
    business entity submitting the contract or work proposal, and
    includes a parent or subsidiary corporation of the Contractor; a
    partner of the Contractor; or a corporate officer, director,
    stockholder, or other person or group of persons that has the legal
    or *de facto* authority to control the progress of the site
    rehabilitation tasks proposed for contract.

16. If the Contractor abandons the project prior to completion of
    remediation or the end of the warranty period as defined in
    Attachment A, whichever occurs first, or otherwise fails to fulfill
    the terms of this Agreement, such abandonment or other failure shall
    be considered failure to perform by the Contractor and handled in
    accordance with paragraph 15 of this Agreement. Failure to achieve
    the cleanup goals, as specified in Attachment A, by the end of the
    warranty period, shall not be construed as failure to perform under
    this Agreement if the Contractor has continued, throughout the
    duration of this Agreement, to make a good faith effort towards
    achieving those cleanup goals.

17. The Contractor agrees to be responsible for the remediation of all
    eligible petroleum contamination identified during the site
    assessment as specified in Attachment A. This Agreement shall be
    open for renegotiation if an undiscovered source, undiscovered
    petroleum contaminated area or non-petroleum contaminant is found
    beyond the contamination already identified.

18. In the event of conclusive evidence of a new discharge or migration
    of off-site contamination onto the Site that changes the contaminant
    levels or will result in an increase in time to meet the cleanup
    objectives, this Agreement shall be renegotiated but such
    renegotiation shall be limited to the extent necessary to address
    the new contamination.

19. In the event that the occurrence of a new discharge, migration of
    off-site contamination onto the subject site, discovery of a new
    source or discovery of a new petroleum contaminated area is in
    dispute, then the Contractor and the Department shall have the right
    to conduct their own investigations, at the sole cost and discretion
    of each party, to collect information to aid in resolving the
    dispute. All such information shall be shared among the parties
    involved in order to facilitate a rapid resolution of the dispute.
    Resolution of disputes shall be handled in accordance with paragraph
    21.

20. This Agreement shall be open for renegotiation if changes in
    statutes or rules require or allow the establishment of cleanup
    target levels other than those specified in Attachment A.

21. In the event that the cleanup schedule is delayed for more than 60
    calendar days and such delay is due to circumstances beyond the
    control of the Contractor, then the time for the performance of the
    cleanup shall be extended and the Contractor may request an
    intermediate milestone payment for work performed prior to the
    cessation of work. However, any such delay shall not be cause for an
    increase in the price of this Agreement. In the event that the
    cleanup scheduled is delayed for more than 150 calendar days, then
    this Agreement may be renegotiated or terminated by either party.
    Termination pursuant to this paragraph shall not be considered as
    failure to perform by the Contractor and handled in accordance with
    paragraph 23.

22. In the event that this Agreement is opened for renegotiation,
    failure to resolve those negotiations to the satisfaction of the
    Department and the Contractor shall result in termination of this
    Agreement. If the reason for the renegotiation was beyond the
    control of the Contractor, then such termination shall not be
    considered as failure to perform by the Contractor and shall be
    handled in accordance with paragraph 23.

23. In the event that this Agreement is terminated and such termination
    is not due to failure to perform by the Contractor then, payment for
    any unachieved milestones shall not be due the Contractor. However,
    the Contractor shall be paid a prorated amount of the next milestone
    payment based upon their relative progress towards that milestone.
    The Contractor may also be paid actual costs for demobilization but
    such costs shall not exceed 5% of the total amount of this
    Agreement. Any such payments made shall completely satisfy the
    Department's obligation to the Contractor under this Agreement.

24. The Contractor shall be responsible for payment of all utilities
    necessary to complete the cleanup, including electricity, propane,
    sanitary sewer and telephone, unless otherwise specified in
    Attachment A.

25. The Contractor shall be responsible for obtaining all applicable
    local, state and federal permits and shall be responsible for
    payment of all applicable permit fees, unless otherwise specified in
    Attachment A. The Contractor shall be responsible for satisfying all
    permit requirements.

26. All remediation equipment purchased for use at the Site shall be the
    property of the Contractor. The Contractor may also use any
    available equipment owned by the State but such equipment shall
    remain the property of the State. In either case, all maintenance,
    service and repair of the remedial equipment shall be the
    Contractor's responsibility. However, if the Cleanup Target Levels
    specified in Attachment A are not achieved by the end of the
    warranty period and the remedial equipment was purchased for the
    site with State funds, then ownership of the remedial equipment
    shall revert to the State. If the equipment is leased, or was owned
    by the Contractor prior to the execution of this Agreement and was
    not purchased with State funds, then the State shall have the option
    of continuing the lease, leasing the equipment from the Contractor
    or bringing in other equipment to continue site rehabilitation. The
    State shall be responsible for all maintenance service and repair of
    equipment owned or leased by the State to the extent that such
    maintenance, service and repair is not covered by the equipment
    warranty or included as part of the lease terms.

27. Upon issuance of a Site Rehabilitation Completion Order by the
    Department, the Site shall be restored to its pre-assessment
    condition as nearly as practicable. All dismantling of equipment and
    site restoration shall be the responsibility of the Contractor. All
    wells and treatment points shall be abandoned in accordance with the
    applicable rules of the Department and the Water Management District
    within whose jurisdiction the Site is located.

28. The Department's Site Manager shall be given a minimum of seven (7)
    calendar days written notice prior to any sampling event that will
    be used for performance payment (milestone) evaluation, to allow
    split sampling by the Department or its designee. The exact day and
    approximate time of the sampling event shall be provided in the
    notification.

29. The Department reserves the right to conduct its own sampling
    events, at its sole cost and discretion, at any time during the site
    rehabilitation, to evaluate cleanup progress. The Department shall
    provide written notice to the Contractor at least seven (7) calendar
    days in advance of such events so that the Contractor will have the
    option to split samples with the Department. The exact day and
    approximate time of the sampling event shall be provided in the
    notification. Any and all costs incurred by the Contractor for such
    participation shall be borne solely by the Contractor.

30. The Department reserves the right to install additional wells and
    soil borings, as appropriate, at its sole cost and discretion, to
    verify site rehabilitation progress or completion. The final payment
    under this Agreement shall not be payable until the results from any
    such verification wells and borings confirm the site has reached the
    target levels. The Department shall provide written notice to the
    Contractor at least seven (7) calendar days in advance of
    installation of wells and borings, or the sampling thereof, so that
    the Contractor will have the option to observe the Department's
    activities and split samples with the Department. Any and all costs
    incurred by the Contractor for such participation shall be borne
    solely by the Contractor.

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[Attachment A]{.underline}

1.  [Scope of Work:]{.underline}  The scope of work proposed in this
    Agreement shall consist of the activities described below. This
    scope may be amended in accordance with paragraph 2 of this
    Agreement.

\<specify scope of work\>

2.  [Target Levels:]{.underline}  The cleanup target levels for this
    Agreement shall be:

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A.  **Soil Contamination:** \[Soil Cleanup Target Levels shall be the
    Direct Exposure Residential and Leachability based on Groundwater
    Criteria Cleanup Target Levels referenced in Chapter 62-777, F.A.C.
    for the petroleum products' contaminants of concern listed in
    Chapter 62-770, F.A.C., Table A. [OR]{.underline} \<specify target
    levels\> [OR]{.underline} No contaminated soil, as defined in
    Chapter 62-770, F.A.C., is present within the vadose zone on-site.\]

B.  **Groundwater Contamination:** \[Groundwater Cleanup Target Levels
    shall be the Cleanup Target Levels referenced in Chapter 62-777,
    F.A.C. for the petroleum products' contaminants of concern listed in
    Chapter 62-770, F.A.C., Table A. [OR]{.underline} \<specify target
    levels\> [OR]{.underline} No groundwater has been impacted by the
    Site contamination.\]

C.  **Free Product:** Free product thickness, measured at its thickest
    point, shall be reduced to less than 0.01 foot [OR]{.underline}
    \<specify target levels\> [OR]{.underline} No free product is
    present on site.\]

D.  **Surface Water Contamination:** \[Surface water Cleanup Target
    Levels shall be the Cleanup Target Levels referenced in Chapter
    62-777, F.A.C. for the petroleum products' contaminants of concern
    as listed in Chapter 62-770, F.A.C., Table A. [OR]{.underline}
    \<specify target levels\> [OR]{.underline} No surface water has been
    impacted by the Site contamination.\] \>

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3.  [Baseline Data:]{.underline}  The baseline data shall be used as the
    reference for monitoring reductions in contaminant concentrations.
    The baseline data for this Agreement will consist of the results of
    a sampling event of \[specify wells include all key monitoring wells
    and all perimeter wells, by method(s) \<specify analyses\>, for
    \<specify CoCs\>, [OR]{.underline} specify a recent sampling event
    upon which to base the measurements\]. \[If baseline sampling is
    included in this Agreement then include the following: This baseline
    sampling shall be conducted within thirty (30) days of the execution
    of this Agreement and prior to startup of the remediation system.\]
    \[Note: You may want to sample all (or most) wells on-site in case
    you later need to change key wells; a complete baseline will allow
    you to calculate the reductions from baseline, even if the wells
    were not routinely sampled during the cleanup.\] All sampling and
    sample handling shall be in accordance with the Contractor's FDEP
    approved Comprehensive Quality Assurance Plan. If this baseline
    sampling shows that the Site is already at or below the Cleanup
    Target Levels specified in paragraph 2 of this Attachment, then the
    Department's sole responsibility under this Agreement shall be to
    pay for the baseline sampling and any costs associated with
    restoring the site to pre-assessment condition.

4.  [Key Monitoring Wells:]{.underline}  Key Monitoring Wells to monitor
    the progress of the reduction of the contamination levels shall
    consist of \<specify wells, these should be representative of the
    contaminated area, identify perimeter wells to monitor plume
    movement below, attach site map with wells marked\>. These wells are
    subject to change by mutual written Agreement after the results of
    the baseline data are available. Any dispute regarding designation
    of the Key Monitoring Wells must be resolved prior to any payment
    being made under this Agreement. Resolution of disputes shall be
    handled in accordance with paragraph 21.

5.  [Monitored Perimeter Wells:]{.underline}  Monitored perimeter wells
    shall consist of \<specify wells, you should include downgradient,
    side gradient and upgradient wells, indicate on attached site map\>.
    These wells are subject to change by mutual written Agreement after
    the results of the baseline data are available. Any dispute
    regarding designation of the Monitored Perimeter Wells must be
    resolved prior to any payment being made under this Agreement.
    Resolution of disputes shall be handled in accordance with paragraph
    21.

6.  [Milestone Measurement:]{.underline}  Milestones shall be measured
    based upon the percent reduction in contaminants in all Key
    Monitoring Wells. \<Or based upon average reduction in all Key
    Monitoring Wells based upon the following formula:\>

7.  Reporting: Progress reports shall be submitted at least semiannually
    during the duration of this Agreement, unless a different reporting
    frequency is specified in the approved Remedial Action Plan. Such
    reports shall contain all data collected during the cleanup of the
    Site as required by Chapter 62-770, F.A.C., including all sampling
    data regardless of whether that data supports a cleanup milestone.
    In the event that no new data were collected during the reporting
    period, then the report must still be submitted noting such.

8.  [Active Remediation Monitoring:]{.underline} Samples shall not be
    required other than for reports as specified in paragraph 6 of this
    Attachment and verification of achieving performance criteria for
    payment. Laboratory analytical results of groundwater sampling used
    to support performance criteria for payment shall show \<specify
    CoCs\> and other contaminants determined to be present during the
    baseline sampling. Reports shall include graphs showing total
    reduction in contamination from baseline data. The data graphed and
    method of calculation of data shall also be provided.

9.  [Post Active Remediation Monitoring Plan (PARMP):]{.underline}  A
    PARMP is included as part of this PFP contract. The PARMP will
    consist of four quarterly sampling events conducted after all Key
    Monitoring Wells have reached the Cleanup Target Levels specified in
    paragraph 2 of this Attachment. The PARMP shall be performed in
    accordance with the requirements of Chapter 62‑770, F.A.C. All Key
    Monitoring Wells and Monitored Perimeter Wells shall be included in
    the PARMP unless other wells are mutually agreed upon.

10. [Terms:]{.underline}  The Contractor hereby agrees to perform the
    corrective action as set out in this Agreement for the total amount
    of **\$[\<enter full dollar amount\>]{.underline}**. It is agreed
    between the Contractor and the Department that this will be the full
    and exclusive compensation paid to the Contractor for the
    performance of the work plan.

11. [Payment:]{.underline}  Payments shall be made when the FDEP
    determines that performance criteria are achieved and will be paid
    at the following cleanup milestones:

    **[\<Not more than 45%\>]{.underline}** (\$\<specify dollar
    amount\>) of the total amount will be payable when \[the Remedial
    System, [as described in the approved Remedial Action
    Plan,]{.underline} has been installed and daily operation has been
    implemented according to the Work Plan [OR]{.underline} substitute
    similar 'front end' requirements [OR]{.underline} bring milestone
    more in line with subsequent milestones\]. This milestone shall be
    completed within six (6) months of execution of this Agreement.

    **[\<10 to 15%\>]{.underline}** (\$\<specify dollar amount\>) of the
    total amount will be payable when all Key Monitoring Wells have \<or
    average of Key Monitoring Wells has\> reached a \<specify reduction,
    typically **[50%\>]{.underline}** reduction in all Contaminants of
    Concern \<OR specify contaminants\> from the "baseline data" toward
    meeting the specified Cleanup Target Levels. This milestone is
    projected to be achieved completed within \<specify time\> of
    remedial system startup. If this milestone is not achieved by
    \<six (6) or specify\> months after this date then the provisions of
    paragraph 12 of this Attachment shall apply.

    **[\<10 to 15%\>]{.underline}** (\$\<specify dollar amount\>) of the
    total amount will be payable when all Key Monitoring Wells have \<or
    average of Key Monitoring Wells has\> reached a \<specify reduction,
    typically **[75%\>]{.underline}** reduction in all Contaminants of
    Concern \<OR specify contaminants\> from the "baseline data" toward
    meeting the specified Cleanup Target Levels. This milestone is
    projected to be achieved completed within \<specify time\> of
    remedial system startup. If this milestone is not achieved by
    \<six (6) or specify\> months after this date then the provisions of
    paragraph 12 of this Attachment shall apply.

    **[\<10 to 15%\>]{.underline}** (\$\<specify dollar amount\>) of the
    total amount will be payable when all Key Monitoring Wells have \<or
    average of Key Monitoring Wells has\> reached a \<specify reduction,
    typically **[90%\>]{.underline}** reduction in all Contaminants of
    Concern \<OR specify contaminants\> from the "baseline data" toward
    meeting the specified Cleanup Target Levels. This milestone is
    projected to be achieved completed within \<specify time\> of
    remedial system startup. If this milestone is not achieved by
    \<six (6) months or specify\> after this date then the provisions of
    paragraph 12 of this Attachment shall apply.

    **[\<10 to 15%\>]{.underline}** (\$\<specify dollar amount\>) of the
    total amount will be payable when all Key Monitoring Wells have \<or
    average of Key Monitoring Wells has\> met the Cleanup Target Levels
    specified in paragraph 2 of this Attachment. This milestone is
    projected to be achieved within \<specify time\> of remedial system
    startup. If this milestone is not achieved by \<six (6) or specify\>
    months after this date then the provisions of paragraph 12 of this
    Attachment shall apply.

    **[\<15 to 25%\>]{.underline}** (\$\<specify dollar amount\>) of the
    total amount will be payable when specified Cleanup Target Levels
    have been met for all Contaminants of Concern \<OR specify
    contaminants\> and all media, and those levels have been maintained
    for \<at least the last six (6) months of the Post Active
    Remediation Monitoring period\> OR \<a period of twelve (12) months
    after system operation \<remedial action\> has been terminated\>. If
    the levels are not maintained for \<at least the last six (6) months
    of the Post Active Remediation Monitoring period\> OR \<twelve (12)
    months\>, the procedures outlined in paragraph 9 of this Attachment
    shall be followed. Further, the Department may install, at its sole
    discretion and cost, additional wells and borings to confirm the
    cleanup of the Site. The Department must notify the Contractor
    whether any verification borings or wells will be installed within
    two (2) weeks of receipt of documentation from the Contractor that
    Cleanup Target Levels have been maintained for the preceding \<six
    (6)\> OR \<twelve (12)\> months. The Department must then conduct
    and conclude any such verification sampling within three (3) months
    of such notice. Upon confirmation that Cleanup Target Levels have
    been reached, the final payment of **[\<15 to 25%\>]{.underline}**
    (\$\<specify dollar amount\>) is payable. This milestone is
    projected to be achieved within \<specify time\> of remedial system
    startup. If this milestone is not achieved by \<six (6) or specify\>
    months after this date then the provisions of paragraph 12 of this
    Attachment shall apply.

    **[5%]{.underline}** (\$\<specify dollar amount\>) of the total
    amount will be payable after the Site Rehabilitation Completion
    Order has been issued by the Department and the site has been
    restored to its pre-assessment condition as nearly as practicable.
    This milestone is projected to be achieved within \<specify time\>
    of remedial system startup. If this milestone is not achieved by
    \<six (6) or specify\> months after this date then the provisions of
    paragraph 12 of this Attachment shall apply.

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12. [Schedule for Milestone Completion:]{.underline} The Contractor
    agrees to strive to achieve the contamination reduction milestones
    in accordance with the specified schedule for each milestone. If the
    milestone is not achieved by the projected date, then the Contractor
    shall take corrective action to restore the cleanup schedule or
    explain the delay to the Department's satisfaction. Such corrective
    action may include a modification of the existing remedial system in
    accordance with the terms of this Agreement. The Department reserves
    the right to extend the timeframe for that milestone based upon a
    demonstration that the delay was not due to any act or omission by
    the Contractor. The Department further reserves the right to extend
    the timeframe for any subsequent milestones whose attainment may be
    delayed as a consequence of the delay of a previous milestone. In no
    event shall such extension of time be cause for an increase in the
    price of this Agreement. Continual, repeated or prolonged failure of
    the Contractor to take corrective action to restore the cleanup
    schedule shall be considered failure to perform by the Contractor
    and handled in accordance with paragraph 15 of this Agreement.

13. [Performance Product and Warranty:]{.underline}  Performance based
    corrective action includes, but may not be limited to, submitting
    all reports required by statute and Department rule, all reports
    necessary to obtain payment, and a warranty of meeting the Cleanup
    Target Levels specified in paragraph 2 of this Attachment within
    \<specify time for performance\> of the startup of the system
    \<remedial action\>. If at the end of the \<specify time for
    performance\> period Cleanup Target Levels have still not been met,
    the Contractor shall continue the cleanup or monitoring of the Site
    for an additional \<specify additional performance period but should
    be 12 to 24 months\> at no additional cost to the Department. If, at
    the end of the additional performance period, Cleanup Target Levels
    have not been met, the Contractor shall be released from any further
    obligation under this Agreement but the payment for any unachieved
    milestones shall not be due the Contractor.

14. [Milestone Summary Table:]{.underline} The following table
    summarizing the milestones for this Agreement is provided for
    convenience only. The text of this Agreement shall take precedence
    in any discrepancy between the text and this table. \<Modify table
    as necessary to accommodate milestones\>

Milestone Summary Table

+-------+-----------------+------+---------+----------+--------------+
| Mile  | Criteria        | Pay  | Payment | Per      | Date         |
| stone |                 | ment |         | formance |              |
| N     |                 |      | Amount  | Period   |              |
| umber |                 | Per  |         |          |              |
|       |                 | cent |         |          |              |
+=======+=================+======+=========+==========+==============+
| 1     | System Startup  | 45 % | \$      | 6 Months |              |
+-------+-----------------+------+---------+----------+--------------+
| 2     | 50% Reduction   | 10 % | \$      | \<s      |              |
|       |                 |      |         | pecify\> |              |
+-------+-----------------+------+---------+----------+--------------+
| 3     | 75% Reduction   | 10 % | \$      | \<s      |              |
|       |                 |      |         | pecify\> |              |
+-------+-----------------+------+---------+----------+--------------+
| 4     | 90% Reduction   | 10 % | \$      | \<s      |              |
|       |                 |      |         | pecify\> |              |
+-------+-----------------+------+---------+----------+--------------+
| 5     | 100% Reduction  | 10 % | \$      | \<s      |              |
|       |                 |      |         | pecify\> |              |
+-------+-----------------+------+---------+----------+--------------+
| 6     | CTLs for 12     | 15 % | \$      | \<s      |              |
|       | months          |      |         | pecify\> |              |
+-------+-----------------+------+---------+----------+--------------+
| Total |                 | 100  | \$ 0.00 |          |              |
|       |                 | %    |         |          |              |
+-------+-----------------+------+---------+----------+--------------+

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