MAC061_CSP904622_Amendment_a2.pdf

Index No.: MAC061 Contract No.: CSP904622 Eff. Date: 12/01/23

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

AMENDMENT FOR CHANGE

AMENDMENT NO. 2

TO: ALL STATE AGENCIES

FROM: KATHLEEN C. MADDEN, DIRECTOR, DEPARTMENT OF ADMINISTRATIVE SERVICES

SUBJECT: CONTRACT FOR INVESTIGATION AND MITIGATION OF SOLID AND HAZARDOUS WASTE SITES

Attached are pages 1 through 8 to this contract. Remove these pages from the existing contract and replace with the attached page on the effective date.

As a result of mutual agreement between the State of Ohio and the Contractor, this amendment is issued to renew the subject contract an additional 24 months, effective 12/01/23 through 11/30/25.

Additionally, this amendment is issued to update the Prohibition of the Expenditure of Public Funds for Offshore Services language by mutual agreement, update the pricelist effective for all orders on or after 12/01/23, add mutually agreed upon changes section, and repaginate.

All other prices, terms and conditions remain unchanged.

This Amendment, the Contract and any additional Amendments thereto are available from the DAS Web site at the following address:

http://www.ohio.gov/procure

Affected Contractor(s):

August Mack Environmental Inc.

1302 N. Meridian St. STE 300 Indianapolis, IN 46202

Index No.: MAC061

Page No.: 1

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: INVESTIGATION AND MITIGATION OF SOLID AND HAZARDOUS WASTE SITES

CONTRACT NUMBER: CSP904622-1 EFFECTIVE DATES: 01/01/22 TO 11/30/23

* Renewal through 11/30/25

The Department of Administrative Services has accepted Proposals submitted in response to Request for Proposal (RFP) No.

CSP904622 that opened on 10/04/21. The evaluation of the Proposal responses has been completed. The Offeror listed herein has been determined to be the highest ranking Offeror and has been awarded a Contract for the services listed. The respective Proposal response including, Contract Terms & Conditions, any Proposal amendment, special Contract Terms & Conditions, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Services Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated, or cancelled in accordance with the Contract Terms and Conditions.

This Requirements Contract is available to the Ohio Environmental Protection Agency (OEPA) and All State Agencies as applicable.

The agency is eligible to make purchases of the contracted services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that department will purchase the volume of services as advertised in the Request for Proposal.

This Requirements Contract and any Amendments thereto are available from the DAS Web site at the following address:

www.ohio.gov/procure

*Indicates mutual renewal through 11/30/25.

Index No: MAC061

*MUTUALLY AGREED UPON CHANGES

PROHIBITION OF THE EXPENDITURE OF PUBLIC FUNDS FOR OFFSHORE SERVICES

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained.

Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form (https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf) affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

*Indicates the addition of Mutually Agreed Upon Changes section.

https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf

*Page 3

PRICE PAGE

Investigation and Mitigation of Hazardous Waste Sites

CSP904622-1

UNSPSC CATEGORY CODE: 77000000

Offeror’s single mark-up rate to sub-contracted services, equipment, and supply costs not listed ion price page. Mark-up of costs may not exceed 10%. Offerors offered rate 10%.

All costs must be in U.S. Dollars.

The State will not be responsible for any costs not identified.

Normal travel for site specific work, if required, shall be included in mobilization cost.

Not to exceed the total amount of the purchase orders issue.

*Indicates repagination.

**Indicates the update in pricing effective 12/01/23.

LABOR CLASSIFICATIONS, SERVICE GROUP B:

PHASE I ENVIRONMENTAL SITE ASSESSMENTS AND

ASBESTOS SURVEYS

STRAIGHT TIME

HOURLY RATE

Contract Manager $154.00

VAP Certified Professional $171.00

Project Manager $121.00

Senior Environmental Scientist $132.00

Project Environmental Scientist $99.00

Ohio Certified Asbestos Inspector $83.00

Cartographer/GIS Technician $94.00

Field Technician $83.00

Sub-contracted services, equipment rental, and supply costs Markup over Contractor Supplier Cost (Markup may not exceed 10%)

Plus 10 %

*Page 4

PRICE PAGE (cont.)

SPECIAL PROVISIONS

For all work under this contract requiring less than two (2) hours working time at the location of the response action, the Vendor shall be compensated for all personnel and equipment mobilized as if said working time had been two (2) hours. Items billable as daily rates, only, will be billed at the daily rate.

The State of Ohio is exempt from federal excise and all Ohio state and local taxes. The State does not agree to pay any taxes on commodities or services acquired from any Vendor. However, the State may reimburse the Vendor for taxes incurred from a third party.

Brand names, trade names, manufacturer’s names, and/or catalog numbers listed in this price schedule are used only for the purpose of description and to establish a base level of quality. Items considered to be of equal or better quality may be offered and/or utilized.

Notes:

1. The maximum charge for any equipment for any duration (daily, weekly or monthly), shall not exceed the invoiced costs plus listed markup as proposed on the Cost Summary Form, Attachment Nine.

2. Equipment rates shall not exceed the rate provided in the secondary quote process without prior written approval from the State.

3. The maximum charge for equipment in any day of operation or use shall be the daily rate.

4. The maximum charge for equipment in any calendar week of operation or use shall be the weekly rate.

5. The maximum charge for equipment in any calendar month of operation or use shall be the monthly rate.

6. A period following a full calendar week will be billed at the daily rate until the maximum weekly rate is exceeded.

7. A period following a full calendar month will be billed at the daily rate until the maximum weekly rate is exceeded, and then the weekly rate until the maximum monthly rate is exceeded.

8. Equipment may be billed only when in use. Equipment operation time must be referenced in the daily log.

9. The total charge for a specific equipment item for a specific project shall not exceed the item’s purchase price.

10. Charges for non-site-specific travel (e.g., off-site meetings with Ohio EPA) shall use current mileage rates, as stated in the Ohio Administrative code 126-1-02. All reimbursable travel will require the advance written approval of the State's Agency Project Representative.

11. All vehicle rental rates are inclusive of, and no separate charges shall be made for fuel, operating fluids, parts, maintenance or repairs.

*Page 5

12. All equipment rates are inclusive of, and no separate charges shall be made for ancillary equipment or supplies, e.g., batteries, fuel, calibration standards, filters, fittings, hoses, auxiliary attachments, etc.

13. Outside of mobilization activities no equipment time shall be charged except when the equipment is being used on location at a site assessment, response action or remedial action, or when the equipment is used for the transport of waste or other material from such a location to a treatment, storage, or disposal facility.

14. All equipment operators shall be qualified, properly trained and if applicable, certified or licensed.

15. No time may be charged for any period during which the equipment is inoperable due to mechanical failure.

16. The Contractor shall be responsible for maintaining security of their equipment.

17. Charges for equipment and personnel shall terminate upon cessation of use. When personnel or equipment are no longer required for actions under the Scope of Work they shall be removed from the site or dropped from listing as chargeable items. Items required are to remain on site because of regulation or foreseeable use under the Scope of Work may retain an active charge status.

18. Equipment required to perform a subcontracted task shall not have the applicable unit price applied. Subcontracted work will be inclusive of all costs and all equipment utilized by a subcontractor shall be incorporated into their respective price quote and/or invoice.

19. All expendable/disposable material which includes but is not limited to tape, absorbent, bailers, drums, padlocks, monitoring well casing, monitoring well screen, well pack, grout, etc. that is purchased and used by the Contractor while executing a mobilization order under this contract will be billed at a rate of cost plus a markup of not more than specified on the Cost Summary Form. Copies of all applicable receipts and/or invoices shall be included with the applicable invoice.

*Page 6

Cost shall not exceed a purchase order without prior written approval from the State.

ENVIRONMENTAL DRILLING AND SAMPLING SUBCONTRCATING

Charges associated with subcontracted drilling and other intrusive activities not listed in this price schedule will be billed to the Ohio EPA at a rate as the charge accrued by the Contractor for the service rendered. This includes but is not limited to the use of hollow stem auger, air rotary, rotosonic and direct-push drill rigs for the purpose of but not limited to the installation of monitoring wells, subsurface sampling, geological profiling, etc. The allowable charge shall be the subcontractor’s invoice for the completed task, inclusive of all applicable time and material, plus the applicable markup as proposed on the Cost Summary Form, Attachment Nine.

WASTE PICKUP/TRANSPORTATION

Charges associated with waste pickup and waste transportation will be billed to the Ohio EPA. The allowable charge shall be the subcontractor’s invoice for the completed task, inclusive of all applicable time and material, plus the applicable markup as proposed on the Cost Summary Form, Attachment Nine.

WASTE DISPOSAL

Charges associated with the disposal, treatment and/or storage of waste material generated resulting from work under this contract will be billed to the Ohio EPA at the charge accrued by the Contractor for the service rendered. The allowable charge shall be the subcontractor’s invoice for the completed task, inclusive of all applicable time and material.

In accordance with Part 5, Attachment 1, Part 1 E(4)(b)(vii) no markup will be allowed for waste treatment, storage or disposal. All waste must be managed, accumulated and stored in accordance with all federal, state and local laws and regulations.

Vendors that own or operate a treatment, storage or disposal facility shall provide a separate price schedule listing the unit cost for treatment, storage, and disposal for materials that the facility is permitted to accept.

Notes for Waste Disposal:

1. Charges for disposal will not be paid until actual disposal is confirmed by a manifest showing location and invoice cost of disposal.

2. The proper selection of a disposal facility shall be documented in the response action final report.

Notes for Waste Storage:

1. Containers smaller than thirty (30) gallons containing compatible wastes must be consolidated in fifty-five (55) gallon overpack drums.

2. All other details (e.g., quantity, duration, non-permitted waste) shall be addressed in the Scope of Work and Cost Proposal (SWCP).

CHEMICAL TESTING AND ANALYSIS

Unless otherwise directed by the Contract Administrator, all analytical costs shall be borne directly by the Ohio EPA. All chemical sampling shall be done via the methods specified in the Site-Specific Work Plan and shall conform to procedures outlined in the Site-Specific Quality Assurance Plan. Vendor will submit samples to the designated Laboratory approved by Ohio EPA.

Vendor will coordinate sampling events with the Ohio EPA designated Project Coordinator prior to submitting samples. No markup will be permitted for samples sent to the Ohio EPA Laboratory.

All chemical testing and analysis not performed by the Ohio EPA contract laboratory shall be done via the methods and the detection limits specified in the Sampling, Removal and Remediation Plan (SRRP) and shall conform to procedures outlined in the Quality Assurance Project Plan (QAPP). Turn-Around-Time (TAT) shall be calculated from the date of receipt of the samples by the laboratory to the postmark date on the results. Normal TAT is considered 28 days, however faster TAT may be requested with approval of the Contract Administrator.

*Page 7

CONTRACTOR INDEX

CONTRACTOR AND TERMS: BID CONTRACT NO.: CSP904622-1

0000082344 August Mack Environmental Inc. DELIVERY: Per the Contract 1302 N. Meridian St. STE 300 TERMS: Net 30 Days Indianapolis, IN 46202

CONTRACTOR'S CONTACT: Sally McNealy Telephone: 317-916-8000 Direct Line: 317-916-3116 Fax: 317-916-8000 E-Mail: smcnealy@augustmack.com

Bryan K. Petriko – Vice President

SUBCONTRACTORS:

Environmental Data Resources Inc.

6 Armstrong Road, #4 Shelton, CT 06484

EMSL Analytical Inc.

200 Route 130 North Cinnaminson, NJ 08077 mailto:smcnealy@augustmack.com

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

2 12/01/23

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional 24 months, effective 12/01/23 through 11/30/25.

Additionally, this amendment is issued to update the Prohibition of the Expenditure of Public Funds for Offshore Services language by mutual agreement, update the pricelist effective for all orders on or after 12/01/23, add mutually agreed upon changes section, and repaginate.

All other prices, terms and conditions remain unchanged.

1 07/10/23 This amendment is issued to update the contractor contact information.