CN-370000-LA146-A2.pdf

For the best experience, open this PDF portfolio in

Acrobat X or Adobe Reader X, or later.

Get Adobe Reader Now!

http://www.adobe.com/go/reader

Contract No. LAB146 Amendment No. 2

Rev. 09.202021

AMENDMENT NO. 2

TO CONTRACT NO. LAB146

BETWEEN

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND

AIRGAS USA, LLC

This Amendment to Contract No. LAB146 as previously amended, (Contract) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Airgas USA, LLC 945 Yulee St, Tallahassee FL 32304 (Contractor), on the date last signed below.

WHEREAS, the Department entered into the Contract with the Contractor to provide delivery and pick up services of specialty gas products that meet the specifications listed in the Scope of Work, on an as-needed basis effective July 10, 2018; and

WHEREAS, the parties wish to amend the Contract as set forth herein.

NOW THEREFORE, the parties agree as follows:

1. In accordance with PUR 1000, General Contract Conditions, 4(e) Equitable Adjustment has been satisfied and the following criteria outlined in the provision below has been met and allows for an equitable adjustment in rates: (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor’s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.

2. Attachment B, Rate Schedule, is hereby deleted in its entirety and replaced with Attachment B – Revised Rate Schedule.

3. 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.

The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below.

Airgas USA, LLC Florida Department of Environmental Protection

By: ______________________________ Title:

By: __________________________ Secretary or Designee

By: ______________________________ By: __________________________

Date: ____________________________ Date: _________________________

Contract No. LAB146 Amendment No. 2

Rev. 09.202021

List of attachments/exhibits included as part of this Contract:

Specify Type / Letter Description

Attachment B Revised Rate Schedule (1 page)

- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -

HE UPC300 254.69$

UPC Hydrogen 60.08$

UPC Nitrogen 35.94$

UPC Oxygen 86.11$

UPC Air 35.96$

UHP/Zero Argon 44.83$

UHP/Zero Methane 157.79$

Breathing Air 13.31$

Liquid Nitrogen (Low Pressure) 88.92$

Liquid Nitrogen (High Pressure) 88.92$

Liquid Argon 296.27$

Argon 25.10$

Sulfur Dioxide in Nitrogen 278.72$

Carbon Monoxide in Nitrogen 267.54$

Nitric Oxide in Nitrogen 278.72$

Tri‐Blend in Nitrogen 581.90$

Hydrogen Sulfide 407.06$

Micro‐Bulk Liquid Argon (Per CCF) 6.80$

Bulk Liquid Nitrogen (Per CCF) 1.61$

Micro‐Bulk Liquid Argon (Per Tank) 215.00$

Bulk Liquid Nitrogen (Per Tank) 875.00$

Demurrage Charge (Per Dewar) 30.45$

Demurrage Charge (Per Cylinder) 5.35$

CORRECTED ‐ REVISED ATTACHMENT B

RATE SCHEDULE

Lab146 A2 Draft 2 Legal Review.pdf

Revised Rate Schedule.pdf

2022-04-19T11:06:40-0400

Adam Blalock