CN-370000-GC799-A16.pdf

1.

2.

3.

NOW THEREFORE, the parties agree as follows:

WHEREAS, the rate changes authorized will be applicable only for new work assignments offered on or after the Rate Change Date (“New Work” assignments).

WHEREAS, the Department and Contractor wish to establish a date certain for the rate changes specified herein to be effective, following the execution of this Amendment and the Department’s data processing of the rate changes (hereinafter “Rate Change Date”); and, 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. GC799 (hereinafter "Contract") between the FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter "Department") and EARTH

SYSTEMS, LLC (hereinafter "Contractor") executed on February 20, 2014, to provide petroleum contamination site response action services in the North Region, is hereby amended.

PETROLEUM RESTORATION PROGRAM

AGENCY TERM CONTRACT NO. GC799

RATE INCREASE

AMENDMENT NO. 16

Amendment No. 16

DEP Agency Term Contract No. GC799

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 to apply Contractor’s applicable prior Rate Schedule.

Contractor’s Rate Schedule is hereby changed for the Pay Items indicated on Table 1 below, 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. GC799

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.

The Rate Change Date is the date shown at the bottom of this Amendment for the Department’s

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)

528.34$ $544.19

754.82$ $777.46

826.68$ $851.48

1,265.22$ $1,303.18

45.95$ $47.33

135.84$ $139.92

150.95$ $155.48

27.90$ $28.73

35.92$ $37.00

32.42$ $33.39

45.26$ $46.62

42.24$ $43.51

42.25$ $43.52

4.50$ $4.72

18.10$ $18.64

359.43$ $370.21

718.87$ $740.44

81.49$ $83.93

352.10$ $362.66

15.78$ $16.25

15.78$ $16.25

15.78$ $16.25

15.78$ $16.25

+2.98%

+2.98%

+2.98%

+2.98%

Est %

Rate

Change (2)

+3.00%

+3.00%

+3.00%

8-11.

9-8.a.

9-11.

9-12.

9-13.

9-14.

3-1.

3-2.

5-9.

5-10.

6-5.

Hand Auger Boring ≤ 10 foot total depth

Sonic Core Sampling - 5 or 10 foot (during boring)

Removal of Well Vault - 4 x 4 x 2 foot

Removal of Well Vault - 2 x 2 x 2 foot

HSA or MR Boring, ≤ 6 inch diameter, 50 to 100 foot total depth

HSA or MR Boring, ≤ 6 inch diameter, < 50 foot total depth

7-5.

7-1.

Description

Table 1. Listed Schedule of Pay Items with Rate Changes

7-6.

Surface Casing - 6 inch diameter

Drill Rig and Support Vehicles Mobilization (hollow stem auger, mud rotary or sonic) - ≤ 100 miles each way

DPT Rig and Support Vehicles Mobilization - ≤ 100 miles 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 truck) - ≤ 100 miles each way

Sonic Boring, ≤ 6 inch diameter, 50 to 100 foot total depth

Sonic Boring, ≤ 6 inch diameter, < 50 foot total depth

HSA or MR Boring, > 6 to 10 inch diameter, 50 to

100 foot total depth

HSA or MR Boring, > 6 to 10 inch diameter, < 50 foot total depth

Split Spoon Sampling – 2 foot (during boring) < 50 feet

Grout and Abandon Well, 1 to 2 inch diameter

Soil, TRPH Fractionation (MADEP-EPH/VPH

Method or TPHCWG Direct Method)

Electronic Data Deliverables (EDD)

Soil, Lead (EPA 6010 or EPA 6020)

Soil, Chromium (EPA 6010 or EPA 6020)

Soil, Cadmium (EPA 6010 or EPA 6020)

Soil, Arsenic (EPA 6010 or EPA 6020)

Pay

Item No.

3-7.a.

3-9.a.

5-1.a.1.

5-1.b.

5-2.

5-6.

5-7.

5-15.

5-16.

+3.00%

+3.00%

+3.00%

+3.00%

+2.97%

+3.01%

+2.99%

+3.00%

+4.89%

+3.01%

+3.01%

+2.98%

+3.00%

+3.00%

+3.00%

+2.99%

45.25$ $46.61

45.25$ $46.61

57.33$ $59.05

106.36$ $109.55

67.91$ $69.95

36.95$ $38.06

110.68$ $114.00

60.36$ $62.17

75.44$ $77.70

1,811.56$ $1,865.81

1,095.11$ $1,127.96

1,095.11$ $1,127.96

784.99$ $808.53 +3.00%

+3.00%

+3.00%

+3.00%

+3.01%

+3.01%

19-27.

19-4.

19-5.

19-6.

15-1.a.

15-1.b.

9-68.

9-16.

9-15.

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:

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, Synthetic Precipitation Leaching Procedure-

Extraction Only (EPA1312)

Soil, Toxicity Characteristic Leaching Procedure-

Extraction Only (EPA 1311)

Water, Dissolved Lead (includes filter appropriate to sample method - EPA 200.7, 200.9, 6010B, or 7380)

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

Trenching and Installation of 11 - 20 Lines

Trenching and Installation of 1-10 Plumbing (and

Electrical) Lines in Trench

Level 2 Natural Attenuation Monitoring Plan

Receptor and Exposure Pathway Report

Supplemental Site Assessment Report

Interim Assessment Report

9-27.

9-30.

9-41.a.

9-36. +3.00%

+3.00%

+3.00%

+3.00%

+2.99%

+3.00%

+3.00%