A16-46343.pdf

DEP Contract No. EXC005, Amendment No. 16, is a contract amendment between the State of Florida Department of Environmental Protection (DEP) and Mosaic Fertilizer, LLC. This amendment was executed on January 9, 2009, and represents the sixteenth modification to the original contract dated May 23, 2002. The contract has been amended multiple times since its inception, with amendments occurring in June, August, and December 2002; August 2003; March and June 2004; January, June, and July 2005; February and May 2007; and September and August 2008.

Amendment No. 16 deletes and replaces the Maintenance Services section of Attachment B-1, Revised Scope of Work. Under the amended terms, Mosaic Fertilizer is authorized to provide maintenance services to the phosphogypsum stack system until closure to prevent uncontrolled discharges of untreated process water to Florida waters. The maintenance services include process water disposal, process water treatment, general process water management, repair and replacement of dams, dikes, equipment, facilities, and site security. The contractor must secure restrictive covenants and conservation easements as approved by the Department's Contract Manager, with any associated costs to be absorbed by the contractor without resulting in increased costs to the Department. All other terms and conditions of the original contract remain in full force and effect.