1.

2.

3.

NOW THEREFORE, the parties agree as follows:

WHEREAS, the rate changes authorized will be applicable only for new work assignments offered

WHEREAS, the Department and Contractor wish to establish a date certain for the rate changes

WHEREAS, the Contractor has requested that rate increases be made to Attachment D (V3.4) entitled "Rate Schedule" in accordance with provision 11.B of the Contract; and, WHEREAS, the Contractor has submitted the detailed justification required under provision 11.B.ii to support the increase(s) requested; and, WHEREAS, the Department has reviewed this justification and agrees with the requested increase(s); and, WHEREAS, the requested increase percentage does not exceed the maximum of 5% allowed in provision 11.B.ii; and, The Agency Term Contract No. GC743 (hereinafter "Contract") between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter "Department") and EARTH SYSTEMS, LLC (hereinafter "Contractor") executed on February 21, 2014, to provide petroleum contamination site response action services in the Central Region, is hereby amended.

PETROLEUM RESTORATION PROGRAM

AGENCY TERM CONTRACT NO. GC743

RATE INCREASE

AMENDMENT NO. 16

Amendment No. 16 DEP Agency Term Contract No. GC743

This amendment only changes the rates as specified on Table 1, and does not add, delete or otherwise modify any of the line items contained in the Contract.

All pre-Rate Change Date work assignments and previously offered work assignments will continue effective for New Work assignments unless and until further modified by a subsequent amendment to the Contract.

Amendment No. 16 DEP Agency Term Contract No. GC743

4.

5.

6.

Attachment D, Rate Schedule (V3.5) is hereby added to the Contract and attached hereto and made a part hereof. For all work assignments offered on or after the Rate Change Date established in this Amendment, Attachment D, Rate Schedule (V3.5) shall apply.

Data Processing Information. Prior to the Rate Change Date, the Department shall provide Contractor a copy of the tabulated rate changes herein and showing the effective Rate Change Date, within five (5) business days from the data entry date.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

All other terms and conditions of the Contract remain in effect. If and to the extent that any inconsistency may appear between the Contract and this Amendment, the provisions of this Amendment shall control.

Pre-existing Rate

Agreed New Rate(1)

360.00$ $378.00

505.00$ $530.00

722.00$ $744.00

551.00$ $568.00

964.00$ $993.00

3,750.00$ $3,862.00

81.00$ $85.00

49.50$ $51.00

92.50$ $97.00

67.50$ $70.00

41.20$ $43.00

49.50$ $51.00

97.00$ $100.00

64.50$ $67.00

96.00$ $100.00

45.00$ $47.00

36.00$ $37.50

37.70$ $39.00

18.00$ $18.75

+4.44%

+4.17%

+3.45%

+4.17%

+3.03%

+3.09%

+4.37%

Est % Rate

Change(2)

+5.00%

+4.95%

+3.05%

+3.09%

+3.01%

10-7.

10-8.

9-68.

9-2.

9-5.

9-16.

8-11.

9-8.

3-1.

3-2.

3-3.

3-4.

Direct Push Technology (DPT) Rig and Equipment

Description

Table 1. Listed Schedule of Pay Items with Rate Changes

Heavy Duty/Stakebed Truck (3/4 ton +) - > 100 miles each way each way

Mobilization, Light Duty Vehicle (car or 1/2 ton truck) - > 100 miles each way

Mobilization, Light Duty Vehicle (car or 1/2 ton Off-Site Property Access Agreement

Soil, Total Recoverable Petroleum Hydrocarbons (FL-

PRO)

Electronic Data Deliverables (EDD)

Soil, BTEX + MTBE (EPA 8021 or EPA 8260)

Water, Polycyclic Aromatic Hydrocarbons, including 1-methylnaphthalene + 2-methylnaphthalene (EPA 610 [HPLC], EPA 625, EPA 8270 or EPA 8310)

Water, BTEX + MTBE (EPA 602, EPA 624, EPA 8021 or EPA 8260)

Water, Total Recoverable Petroleum Hydrocarbons

(FL-PRO)

Soil, Polycyclic Aromatic Hydrocarbons (EPA 8270 or EPA 8310)

Soil, Synthetic Precipitation Leaching Procedure- Extraction Only (EPA1312)

Air, Total Petroleum Hydrocarbons (EPA Method 18 or TO-3)

Clean Overburden Used As Backfill, Compaction and

Clean Backfill Material, Compaction and Testing

Conventional Soil Excavation and Loading > 300 cubic yards cubic yards

Pay Item No.

1-5.

5-3.a.

9-27.

9-30.

9-36.

10-14.

10-15.a.

+2.99%

+3.03%

+4.86%

+3.70%

+4.94%

+3.88%

+4.17%

18.00$ $18.75

1,811.00$ $1,901.00

196.00$ $205.00

36.75$ $38.50

36.75$ $38.50

5,800.00$ $6,000.00

4,625.00$ $4,800.00

19.60$ $20.50

1,360.00$ $1,420.00

4,410.00$ $4,540.00

525.00$ $541.00

2,900.00$ $3,045.00 5,130.00$ $5,380.00 1,730.00$ $1,816.00

13,150.00$ $13,550.00 2,860.00$ $3,000.00

340.00$ $355.00 780.00$ $810.00 144.00$ $151.00 144.00$ $151.00

315.00$ $330.00

+4.41% +3.85%

+4.76%

+2.95%

+3.05%

+4.59%

+4.41%

+4.17%

19-20.

21-1.

19-11.

19-27.

19-4.

19-19.

16-9.

16-10.

16-21.

16-22.

12-6.

Remedial Action Startup Report

Professional Geologist (Key) Professional Engineer (Key)

P.E. Review and Certification of Sufficiency of Engineering Controls (other than permanent, impermeable surface or top two feet of clean fill), with Monitoring and Maintenance Recommendations Required for a Conditional NFA

Clean Overburden Used As Backfill, Compaction and Testing > 300 cubic yards Dewatering System, up to 12 well points (includes installation)

In-Situ Injection Into Existing Well/Treatment Point

Direct Push Boring with In-Situ Injection

Disposal of Petroleum Impacted Soil at a Landfill

Disposal of Petroleum Impacted Soil at a Landfill (bulk) > 450 tons

Transport and Disposal of Petroleum Impacted Soil (includes drum)

1 Technology Component

Installation of Plumbing (and Electrical) Lines Above Ground: Per Linear Foot of Piping. Electrical lines are not counted in determination of costs.

Air Sparging/Vapor Extraction Pilot Test - Additional Time

Air Sparging/Vapor Extraction Pilot Test - 8 hours

AS/SVE System Package - Medium AS/SVE System Package - Medium

Level 1 Remedial Action Plan Supplemental Site Assessment Report

Interim Assessment Report Letter/NPDES Report

10-18.

14-1.a.

10-15.b.

15-2.a.

15-5.

12-9.

12-10.

14-2.a.

21-9.

21-2.

+4.97%

+4.59%

+4.76%

+4.76%

+3.45%

+3.78%

+5.00% +4.87% +4.97% +3.04% +4.90%

+4.86% +4.86%

315.00$ $330.00

315.00$ $330.00

474.00$ $497.00

331.00$ $347.00

577.00$ $605.00

303.00$ $318.00

158.00$ $165.00

165.00$ $173.00

165.00$ $173.00

996.00$ $1,045.00

1,328.00$ $1,394.00

316.00$ $331.00

+4.85%

+4.95%

+4.43%

+4.85%

+4.85%

+4.92%

+4.97%

+4.75%

P.E. Review, Evaluation and Certification of a Level 1 Remedial Action Plan

P.G or P.E. Review, Evaluation and Certification of an Annual Natural Attenuation Monitoring Report

P.G. Review and Certification of Sufficiency of Engineering Controls Limited to Permanent, Impermeable Surface or Top Two Feet of Clean Fill with Monitoring and Maintenance Recommendations Required for a Conditional NFA

P.E. Review, Evaluation and Certification of a Non- Annual Natural Attenuation or Post RA Monitoring Report That Includes a Recommendation for NFA or a Recommendation to Modify the Approved Monitoring Plan

P.E. Review, Evaluation and Certification of a Level 2 Natural Attenuation Monitoring Plan

P.G. or Qualified P.E. Review, Evaluation and Certification of a Supplemental Site Assessment Report

P.G. or Qualified P.E. Review, Evaluation and Certification of a General Site Assessment Report

P.G. or P.E. Review, Evaluation and Certification of a Soil Source Removal Report That Includes a Recommendation for NFA

P.G. Review, Evaluation and Certification of Plans and Project Oversight for Installation of Engineering Controls Limited to Permanent, Impermeable Surface or Top Two Feet of Clean Fill Required for a Conditional NFA

P.E. Design and Certification of Plans and Project Oversight of Installation for Engineering Controls (other than permanent, impermeable surface or top two feet of clean fill) required for a conditional NFA

P.E. Review, Evaluation and Certification of a Level 1 Limited Scope Remedial Action Plan or RAP Modification Plan

P.E. Review, Evaluation and Certification of a Level 2 Remedial Action Plan

21-11.

21-12.

21-13.

21-15.

21-16.

21-18.

21-19.

21-20.

21-10.

21-23.

21-24.

21-25.

+4.85%

+4.83%

+4.76%

+4.76%

332.00$ $348.00

996.00$ $1,045.00

158.00$ $165.00

474.00$ $497.00

316.00$ $331.00

577.00$ $605.00

158.00$ $165.00

158.00$ $165.00

316.00$ $331.00

316.00$ $331.00

+4.82%

+4.92%

+4.43%

+4.85%

+4.75%21-31.

21-32.

21-33.

21-34.

21-35.

21-36.

P.E. Review, Evaluation, and Certification of Annual PARM Report

P.E. Review, Evaluation, and Certification of Construction Drawings

P.G or P.E. Review, Evaluation and Certification of an Interim Remedial Action Report That Includes a Recommendation for System Modification or Significant Change in the Course of Action

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

(1) The Agreed New Rate(s) shall be effective on and after the Rate Change Date as indicated for table labeled Department Data Processing Information below.

(2) The column indicating estimated Percentage Rate Change is for informational purposes only and shall not supersede the actual Agreed New Rate. The Agreed New Rate is the maximum rate authorized for payment.

Notes:

P.G or P.E. Review, Evaluation and Certification of a Remedial Action General Report

P.E. Review, Evaluation and Certification of an Annual Operation and Maintenance Report

P.E. Review, Evaluation and Certification of a Non- Annual Operation and Maintenance Report That Includes Significant Proposed Changes to the Approved RAP

P.E. Review, Evaluation and Certification of a Remedial Action Startup Report That Includes a Recommendation for System Modification or Significant Change in the Course of Action

P.E. Review, Evaluation and Certification of As-Built Drawings (P.E. sealed red lined modifications)

P.E. Review, Evaluation and Certification of a Level 4 Limited Scope Remedial Action Plan or RAP Modification Plan

P.E. Review, Evaluation and Certification of a Level 2 Limited Scope Remedial Action Plan or RAP Modification Plan

21-29.

21-30.

21-26.

21-28.

+4.85%

+4.43%

+4.43%

+4.75%

+4.75%