ADDENDUM No. 1. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Procurement Section 3800 Commonwealth Boulevard, MS#93 Tallahassee, Florida

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1 ADDENDUM No. 1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Procurement Section 3800 Commonwealth Boulevard, MS#93 Tallahassee, Florida April 11, 2016 Addendum To: DEP Solicitation No C, entitled Innovative Technologies For Petroleum Cleanup - Raceway 854 The Department hereby answers questions posed by prospective Respondents. Unless expressly indicated, these answers do not amend the terms of the solicitation. This addendum does not need to be returned with the proposal. The Department hereby answers the following questions: 1. The latest report states that the groundwater plume is not fully delineated and that there are numerous source areas in the vicinity of the site that may be contributing to the existing plume. Will the DEP consider additional assessment prior to contract negotiation? Answer #1: At this time, FDEP will not be considering additional assessment prior to contract assignment. The Level 2 Remedial Action Plan (LRAP) prepared May 29, 2013 indicates that the groundwater impact extending to 70 feet below grade was reported, and the Floridan contamination was not fully defined as there are numerous source areas in the vicinity of the site that MAY be contributing to this deep groundwater plume. In addition, with this Addendum 1 to FDEP Solicitation No C ( Addendum ) the FDEP is changing Key Monitoring Well, DW-1 from Attachment A, Milestone Summary Form and within the Solicitation as a Key Well, but will be sampled during the baseline event. 2. The most recent groundwater data was collected in June 2015 and the most recent soil data was collected in May The existing concentrations will not be known until the baseline event is conducted after the award of the project, per the RFP. Any significant changes in the existing concentrations will affect the technology to be applied as well as the total remediation cost. Will the FDEP provide updated soil and groundwater data? Answer #2: FDEP will not be providing updated soil and groundwater data. However, due to the concerns of the older soil data from 2010, with this Addendum the FDEP is changing the RFP Section 3.04., Clean-up Target Levels. With this Addendum the FDEP is changing the references all media to groundwater. With this Addendum the FDEP is removing Key Monitoring Well, DW-1 from Attachment A, Milestone Summary Form and within the Solicitation as a Key Well, but will be sampled during the baseline event. 3. If updated soil and groundwater data is not provided until the baseline sampling event and after the award of the contract, could the contract price be renegotiated so that the remediation costs are consistent with current data? Answer #3: The contract price cannot be negotiated after it has been awarded. Contingencies should be taken into account when bidding on this project. However, change orders may be submitted to the Department and may be approved at the Department s discretion. If the conditions of the site change significantly due to the baseline sampling, the Department reserves the right to terminate the contract. If the contract is terminated, the Contractor will be compensated for Milestone 1 (baseline sampling). Refer to Section 4.03., Section and Section of the Solicitation. 4. If updated soil and groundwater data is not provided, there is a possibility that the baseline data may indicate that the innovative technology identified in the bid is no longer an appropriate approach. Would the FDEP allow for the contract price and proposed remediation technology to be renegotiated? Answer #4: At FDEP s discretion, it may allow mutually acceptable changes in some cases (Section 4.03). If updated data completely changes the scope and technology, the project may be terminated for convenience. Please refer to Section of the Solicitation. Addendum No. 1 Page 1 of 9

2 5. Page 27 of the solicitation states that the Department reserves the right to request additional wells and soil borings to confirm cleanup at no cost to the Department. Is there a limitation to the amount of assessment that would be requested at the contractor s expense? Since the plume is not horizontally or vertically delineated, could the Department request the completed assessment as part of this contract? Answer #5: With this Addendum the FDEP is revising the second paragraph (unnumbered) in Section 3.09., Milestone 7 The Department, at its own cost and discretion, reserves the right to perform additional wells and soil borings to confirm the cleanup of the site. The Department must notify the Contractor within fourteen (14) days of receipt of documentation from the Contractor that cleanup levels have been maintained for the preceding 12 months -- whether any verification borings or wells will be installed. The Department must then conclude any such verification sampling within three (3) months of such notice. Upon conclusion that cleanup levels have been reached, the payment of 10% of the total amount is payable for this Milestone. 6. If complete assessment is required and additional contamination above NADCs is discovered, how would that impact the negotiated contract and milestones? Answer #6: Complete assessment is not in the scope of this agreement. Minor changes will be handled by mutually acceptable change orders (Section 4.03.). Major changes may result in termination (Section 5.22.). 7. Will there be a way to stop the timeline clock for unforeseen circumstances (RAP approval, onsite/offsite accessibility, vendor backlog, etc). Answer #7: No, unless there are excusable delays. See Section 6.0. and Section Will we be able to drill inside the garage? Are there any time/date restrictions? Answer #8: Currently there are two wells located inside of the garage. Drilling in the garage will be considered pending a review of the remediation strategy and real property owner input. Work can be conducted during regular business hours Monday - Friday 8:00 am 5:30 pm. Work performed beyond regular business hours will need to be reviewed with the real property owner input. 9. The current timeline of events gives an estimated 8 business days to put our proposal together after questions are answered, would the DEP consider extending the bid due date to allow sufficient time for development of the technical plan and required components of this submittal. Answer #9: Due to portions of the Solicitation being amended, the SEALED BIDS DUE AND OPENED date is extended to Thursday, April 28, 2016, 3:00 PM ET. 10. Section 1.03 The site is a very active automobile repair facility and a service bay with a hydraulic lift has been built on top of the most contaminated area. Respondents are prohibited from contacting the real property owner or any party responsible for site rehabilitation for this site. Respondents who fail to follow these instructions will be deemed nonresponsive or will be disqualified. The site access agreement provides that the Contractor may enter the property during normal business hours or as otherwise arranged with the owner. A June 20, from Dan Litteral (Jim Stidham & Associates) to Jack Roberts (FDEP) states that the owner was told that whatever contractor ended up working on the site would work with him in any way possible. Since respondents are prohibited from contacting the owner and operator, has the Department confirmed with both entities that access during normal business hours will be allowed without exception? Has the Department made any other agreements regarding site access given that a significant disruption of business activities from the remediation is likely? How would failure of the contractor to reach milestones because the operator refused access be addressed under this contract? Answer #10: The real property owner signed a standard access agreement on 1/14/2015. This agreement is in the file attached to a 12/31/2014 letter. Work can be conducted during regular business hours Monday - Friday 8:00 am 5:30 pm. Work performed beyond regular business hours will need to be reviewed with input from the real property owner. Addendum No. 1 Page 2 of 9

3 11. Section 3.04 This specification calls for, all media has reached Natural Attenuation Monitoring (NAM) parameters per , Florida Administrative Code (F.A.C.). The only reported soil data was collected in 2010 and Large areas of the site at depths to 24 feet (at or slightly below the water table of a possible perched water bearing zone) exceeded 500 ppm OVA and multiple analytical samples exceeded the Soil Cleanup Target Levels (SCTLs) for leachability, residential exposure, and commercial/industrial exposure. No Synthetic Precipitation Leaching Procedure (SPLP) analyses were performed. Attachment A, Request for Proposal Milestone Summary Form specifies the following target levels: Soil Direct Exposure NAM parameters, Chapter , FAC Soil Leachability - NAM parameters, Chapter , FAC Please provide current soils data, including SPLP data, fully delineating the horizontal and vertical extent of soils to be remediated or remove the requirement for all media to be remediated. Answer #11: All available data is in the FDEP OCULUS site file (Section 3.03.). With this Addendum the FDEP is removing the soil cleanup milestones. Due to the concerns of the older soil data from 2010, with this Addendum the FDEP is revising the RFP Section 3.04., Clean-up Target Levels. The references all media will be changed to groundwater. In addition, with this Addendum the FDEP is removing Key Monitoring Well, DW-1 from Attachment A, Milestone Summary Form and within the Solicitation as a Key Well, but will be sampled during the baseline event. 12. Section 3.06 This section specifies baseline sampling will be conducted in 7 wells. In addition, 5 key monitoring wells and 8 additional perimeter monitoring wells (MW-3, MW-6, MW-7, MW- 10D, MW-13, and MW-14I are not included in the baseline samples) are specified. This section also allows the Department to end the contract if the cleanup target levels have been reached in the baseline sampling. The most recent data provided is from June 2015, which already exceeds the 270 day requirement for current data to prepare a Remedial Action Plan. In addition, not all wells were sampled at that time. Many wells were last sampled in It is also noted in the July 14, 2015 Supplemental Site Assessment Report prepared by Universal Solutions, Inc. that the deep groundwater plume was not fully defined and that numerous other sources in the vicinity may be contributing to the deep contamination. There is only one well (DW-1) on site completed into the Floridan and it is contaminated over NADCs. All of the intermediate depth wells on site are screened approximately 20 to 25 feet higher than DW-1. Please provide current analytical data from all wells on site. Alternatively, include a full round of sampling of all wells associated with the site as the baseline sampling and allow the respondents to end or amend the contract if there is an increase in concentrations, horizontal extent, or vertical extent of contamination in the baseline sampling relative to the analytical data provided in the RFP. Please fully define the horizontal and vertical extent of contamination in the Floridan aquifer and confirm that there are no other sources impacting the deep plume. Alternatively, remove remediation of DW-1 from this contract. Answer #12: With this Addendum the FDEP is removing Key Monitoring Well, DW-1 from Attachment A, Milestone Summary Form and within the Solicitation as a Key Well, but will be sampled during the baseline event. 13. Section , Milestone 7 - The Department reserves the right to request, at the Department s discretion, additional wells and soil borings to confirm the cleanup of the site from the Contractor at no cost to the Department. This requirement is unacceptable in a firm fixed price contract because it places undefined and unlimited liability on the respondent. Please delete. Answer #13: With this Addendum the FDEP is revising the second paragraph (unnumbered) in Section 3.09., Milestone 7 The Department, at its own cost and discretion, reserves the right to perform additional wells and soil borings to confirm the cleanup of the site. The Department must notify the Contractor within fourteen (14) days of receipt of documentation from the Contractor that cleanup levels have been maintained for the preceding 12 months -- whether any verification borings or wells will be installed. The Addendum No. 1 Page 3 of 9

4 Department must then conclude any such verification sampling within three (3) months of such notice. Upon conclusion that cleanup levels have been reached, the payment of 10% of the total amount is payable for this Milestone. 14. Attachment A, Request for Proposal Milestone Summary Form Section 7.00 presents an example of a milestone form including days to completion. Attachment A uses those same number of days. Please confirm that these days are provided as an example only and that the respondent should complete the form with the actual number of proposed days per Section Answer #14: The information included on Attachment A is provided as an example only, the Respondent should complete the form with the actual number of proposed days, not to exceed a maximum total of 60 months. Remainder of Page Intentionally Left Blank Addendum No. 1 Page 4 of 9

5 In accordance with Section 1.05, Addenda, the Department hereby formally amends the below identified sections of the solicitation document. The amendments are as follows: #1. Section Clean-up Target Levels. With this Addendum the FDEP is removing the language regarding all media reaching NADCs. The intent of the Solicitation was to address only groundwater contamination. Amended language is as follows: Clean-up Target Levels. The Petroleum Cleanup Target Levels (CTL) for this site shall be: hydrocarbon concentration of dissolved contaminants in the Key Monitoring Wells have reached Natural Attenuation Default Concentrations (NADCs) per Table V of Chapter and Chapter , Florida Administrative Code (F.A.C.), in effect as of the release date of this Solicitation. (Revised 4/11/16) #2. Section (1). Baseline Data. With this Addendum the FDEP is removing Key Monitoring Well DW-1 as listed Key Monitoring Well, however DW-1 will be sampled during the baseline sampling event. 1. Key Monitoring Wells: Five (5) Key Monitoring wells shall be utilized for measurement of progress in reducing dissolved contaminant levels. They are MW-1, MW-1D, MW-3D, and MW-11I. Their locations are included in Figure 1, Site Map. These key wells are subject to change by mutual written agreement. Any dispute regarding the designation of Key Monitoring Wells must be resolved in writing prior to any payment being made under this agreement. (Revised 4/11/16) #3. Section Milestone Reporting Schedule. With this Addendum the FDEP is removing Key Monitoring Well DW-1. Milestone Reporting Schedule. The Contractor will submit the Cleanup Milestone Workbook for invoicing listed on the Petroleum Restoration Program web page, Procedures & Guidance Documents, Remediation Section, Petroleum Restoration Program Cleanup Milestone Workbook ( ) at The workbook can be used for the milestone calculation for reduction of dissolved contaminants in Key Monitoring Wells MW-1, MW-1D, MW-3D, and MW-11I. The percent reduction in the hydrocarbon concentration of dissolved contaminants for each group will be calculated by the formula below: % Reduction (KWi) = {1-[(Cm1i-Nadc) / (Cb1i-Nadc)]}*100 Where: KWi = key well number i Cmli = milestone measurement concentration of contaminant group in key well i Nadc = target level concentration for contaminant group. This value is calculated by summing the individual Cleanup Target Levels for each contaminant in the group. For example, if the Target Levels are NADCs, then for the MTBE group this value is 200 ug/l, and for the Naphthalene group this value is 140 ug/l. Cbli = baseline concentration of contaminant group in key well i Group 1: benzene Group 2: toluene, ethylbenzene, total xylenes Addendum No. 1 Page 5 of 9

6 Group 3: naphthalene, 1-methylnapthalene, 2-methylnapthlene Group 4: MTBEs Group 5: TRPHs a. Attachment A: Milestone Summary Form. The Milestone Summary form provides information on all significant aspects of the cleanup project. Some explanation follows: A. Fill out lines 4-5 on the Excel Form with the Contractor information and the Contractor Representative. B. Fill out lines 7-8 which include the Innovative Remediation Technology and Secondary Technology (as applicable). C. Fill out line 40 which includes the Total Cost Ceiling Amount and the Utilities Estimate. Utilities will be paid for the Department outside of this agreement, however, the Contractor must provide estimates for utility installation, monthly cost and an estimate of utility costs for the duration of the project. D. Under Column K, line 45-51, fill out the time to complete each milestone in months (not to exceed sixty (60) months or five (5) years. Note that this column is automatically summed at the bottom of the column. E. Check the Actual Cost Per Milestone Column. This has been automatically filled-in based on the Estimated Total Cost and the percent (%) Cost per Milestone. Again, this column is automatically totaled. F. A Contractor Representative must sign and date. The Department will sign and date once the quote is reviewed. (Revised 4/11/16) #4. Section Payment, Milestone 6. With this Addendum the FDEP is modifying the language regarding all media reaching NAM parameters. The intent of the Solicitation was to address only groundwater contamination. Milestone 6: 20% of the total amount (minus the aggregate amount paid in Milestone 1 and 2) will be payable when the hydrocarbon concentration of dissolved contaminants in the Key Monitoring Wells have reached Natural Attenuation Default Concentrations (NADCs). Also, groundwater has reached Natural Attenuation Monitoring (NAM) parameters per This Milestone shall be reached within Months/Milestone Days of the Milestone Summary Form of this Agreement. The groups" of contaminants, as described in Section 3.07 of this Attachment, does not apply to this Cleanup Target Level Milestone. The groups must be separated into individual contaminants at this time, in order to compare their concentrations with the cleanup levels set forth in Chapter , F.A.C., as referenced by Chapter , F.A.C. (Revised 4/11/16) #5. Section Payment, Milestone 7. With this Addendum the FDEP is modifying the language to reflect that the cost of the confirmatory samples will be absorbed by the Department not the Contractor. Milestone 7: 10% of the total amount (minus the aggregate amount paid in Milestone 1 and 2) will be payable when the Natural Attenuation Default Concentrations (NADCs) specified in , F.A.C. and , F.A.C. for all petroleum products' chemicals of concern and underground injection control (UIC) parameters in all in all wells specified have been maintained for the 12-month post active remediation monitoring period. If the levels are not maintained for 12 months, the procedures described in Chapter , F.A.C., shall be followed. This Milestone shall be reached within Months/Milestone Days of the Milestone Summary Form of this Agreement. The Department, at its own cost and discretion, reserves the right to perform additional wells and soil borings to confirm the cleanup of the site. The Department must notify the Contractor within fourteen (14) days of receipt of documentation from the Contractor that cleanup levels have been Addendum No. 1 Page 6 of 9

7 maintained for the preceding 12 months -- whether any verification borings or wells will be installed. The Department must then conclude any such verification sampling within three (3) months of such notice. Upon conclusion that cleanup levels have been reached, the payment of 10% of the total amount is payable for this Milestone. (Revised 4/11/16) #6. Section Termination for Cause With this Addendum this section is hereby replaced with the following: Termination for Cause. The Buyer may terminate the Contract if the Respondent fails to (1) deliver the product within the time specified in the contract or any extension; (2) maintain adequate progress, thus endangering performance of the contract; (3) honor any term of the contract; or (4) abide by any statutory, regulatory or licensing requirement. In addition, the Buyer may terminate the contract if it discovers or determines that response to the solicitation, which led to award of the contract to Respondent. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. (Revised 4/11/16) #7. Section 7.00 EVALUATION CRITERIA, Best Value Weights To Be Used - With this Addendum the FDEP is modifying the language addresses all contaminated media and is replaced with addresses groundwater contamination. The intent of the Solicitation was to address only groundwater contamination. Best Value Weights To Be Used: Key Parameter Percentage Comment Total Cost 30 Total Cost will be ranked against other total costs. Time to Complete 20 Total number of months to complete remediation to closure will be ranked using a range of Time to Complete (in months) not to exceed sixty (60) months or five (5) years. See point allocation below. Proposal/Technologies 40 Theoretical and practical understanding of the remediation strategy and site specific conditions, addresses groundwater contamination and submit a minimum of one case study. Past Performance 10 Firms past performance as described in Evaluation of Past Performance, Section (Revised 4/11/16) #8. Section Evaluation Criteria, Notes #1 - With this Addendum the FDEP is removing the language addresses all contaminated media and has been replaced with addresses groundwater contamination. The intent of the Solicitation was to address only groundwater contamination. Notes: 1. PROPOSAL/TECHNOLOGY APPROACH - Up to 40 percent will be awarded based upon the Respondent s proposed theoretical and practical understanding of the restoration strategy and site specific conditions, demonstrates a restoration approach to address groundwater contamination, including calculations and estimates and submit a minimum of one petroleum remediation related Innovative Technology case study with supporting documentation. For the purposes of this solicitation, a case study is a record of research or field implementation in which detailed consideration is given to the development of a particular innovative technology and a demonstration of its effectiveness. Addendum No. 1 Page 7 of 9

8 Evaluation points awarded for these components will be based on the following point structure unless otherwise specified: Score 0 = This element of the evaluation criteria was not addressed. 1 = This element of the evaluation criteria is unsatisfactory. 2 = This element of the evaluation criteria is average. 3 = This element of the evaluation criteria is above average. 4 = This element of the evaluation criteria is superior. (Revised 4/11/16) 9) Section 1.07, Tab G, with this Addendum the FDEP amends the Attachment A, Milestone Summary Form to remove the Target Levels for Soil Direct Exposure, Soil Leachability and remove DW-1 from the Key Well Sampling, Key Wells (list). To obtain the Excel version of the revised Attachment A, Milestone Summary Form please contact the Procurement Officer via at: Fran.Spivey@dep.state.fl.us (Revised 4/11/16) Remainder of Page Intentionally Left Blank Addendum No. 1 Page 8 of 9

9 In accordance with Section 1.05, Addenda, the Department hereby formally amends the Solicitation s Schedule of Events to the following date changes identified in red: Schedule of Events DATES EVENTS METHOD Monday, March 21, 2016 Thursday, March 24, 2016 from 11:00 AM till 2:00 PM ET Thursday, March 31, 2016 by 5:00 PM ET On or about, Monday, April 11, 2016 MUST BE RECEIVED NO LATER THAN: Thursday, April 21, 2016, 3:00 PM ET Thursday, April 28, 2016, 3:00 PM ET (revised as of 4/11/2016) On or about, Monday, May 16, 2016 Monday, May 23, 2016 (revised as of 4/11/2016) Bid Advertised Non-Mandatory Pre-Proposal Site Visit Questions Submitted in Writing Answers to Questions Posted SEALED BIDS DUE AND OPENED Anticipated Posting of Recommended Award Vendor Bid System A Non-Mandatory Pre-proposal site visit will be held at Raceway #854 Facility located at 1431 S. Adams St., Leon County, Tallahassee Florida. Procurement Contact: Florida Department of Environmental Protection Fran Spivey, Purchasing Officer Procurement Section, Room 215R 3800 Commonwealth Blvd, MS93 Tallahassee, FL Fax: (850) Fran.Spivey@dep.state.fl.us Vendor Bid System Submit to: Florida Department of Environmental Protection Fran Spivey, Procurement Officer Procurement Section, Room Commonwealth Blvd, MS93 Tallahassee, FL SOLICITATION NUMBER MUST BE ON ENVELOPE Vendor Bid System Remainder of Page Intentionally Left Blank Addendum No. 1 Page 9 of 9