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Item 06 Approval of Lake Prima Vista Treatment with Wood Environment & Infrastructure Solutions, Inc.
I I WkSY Z/� Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: February 16, 2021 Item # (p Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: Subject: Lake Prima Vista Treatment with Wood Environment & Infrastructure Solutions, Inc. Commissioner Wilsen, District 2. Background Summary: The City has been working with the Florida Department of Environmental Protection (FDEP) under a Nutrient Reduction 4e program to treat elevated nutrient concentrations in Lake Prima Vista. The Commission approved utilizing consultant Wood Environment & Infrastructure Solutions, Inc. (Wood) to develop a Nutrient Reduction Plan. Wood determined the existing lake sediments are the primary contributing source of impairment, requiring a chemical treatment of the lake in order to inactivate sediment phosphorus, improve light transparency, reduce algal growth and encourage desirable submersed aquatic plants. Public Works has incorporated this chemical treatment in the current Stormwater budget for which Wood secured a partial grant from the St. Johns River Water Management District (SJRWMD). The cost for the flocculent treatment and associated reporting is $131,177.00. This cost has increased $3,000.00 over the original budget due to FDEP's new permit requirements. Public Works recommends the Commission approve proceeding with the work for which the City will receive a reimbursement from SJRWMD in the amount of $42,336.00. Issue: Commission approval for the Lake Prima Vista sediment nutrient inactivation treatment with Wood Environment & Infrastructure Solutions, Inc. Recommendations: Recommend approval to issue a purchase order to Wood Environment & Infrastructure Solutions, Inc. through Orange County's Contract No. Y16-903B for Continuing Professional Lake Management Services for the Lake Prima Vista treatment for $131,177.00, including a budget transfer from Capital General Stormwater Improvements for the additional permit fee and authorize the City Manager and staff to approve and execute change orders to the work in accordance with the limits established in the Purchasing Code. Attachments: Wood Lake Prima Vista Alum and Phoslock Treatment Proposal. Financial Impact: The City's portion of the work has been adequately funded in the 2020/2021 Stormwater Division budget with $42,336.00 to be reimbursed from St. Johns River Water Management District Cost -Share Program grant upon completion. Type of Item: (please mark with an 'k') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Rebecca Roberts, Finance Department Review ed by ( ) N/A N/A N/A 2 wood. Wood Environment & Infrastructure Solutions, Inc. 550 Northlake Blvd., Suite 1000 Altamonte Springs, FL 32701 T: 407-253-5438 www.woodpic.com January 21, 2021 Richard Campanale, PE City Engineer City of Ocoee Public Works Department 301 Maguire Road Ocoee, FL 34761 Via Email: rampanale@ocoee.org Re: Lake Prima Vista Alum and Phoslock® Treatment Wood Project No. 600449.9 Dear Mr. Campanale: Wood Environment & Infrastructure Solutions, Inc. (Wood) is pleased to provide the following proposal for the Lake Prima Vista Alum and Phoslock® Treatment: INTRODUCTION The City has requested Wood provide a proposal for a one-time water column aluminum sulfate (alum) treatment and a Phoslock® application aimed at improving water clarity, reducing water column phosphorus concentration, and inactivating sediment phosphorus within Lake Prima Vista. This project was the top -ranked alternative proposed in the Lake Prima Vista Hydrologic/Nutrient Loading Study. This project is in support of the current Nutrient Reduction Plan (NRP) which the City of Ocoee (City) has developed to address the current nutrient impairment in Lake Prima Vista. The Lake Prima Vista NRP has been accepted by the Florida Department of Environmental Protection (FDEP) as an alternative to a State -imposed Total Maximum Daily Load. Alum is a flocculent with a long history of successful use for both drinking water treatment and improvement of surface water quality in Florida (e.g., Lake Holden and Lake Beauclair). The alum treatment is expected to provide immediate clarity improvements to Lake Prima Vista, but the longevity of the treatment is unknown and will depend on several factors including flushing rate, amount of mixing with Starke Lake, and external nutrient loading from the surrounding watershed. 'Wood' is a trading name for John Wood Group PLC and its subsidiaries 0 Additional efforts to reduce external inputs and extend the longevity of the treatment are also part of the NRP. In addition to aesthetic improvements, the alum treatment is intended to increase light transmission to the lake bottom and stimulate the growth of beneficial submerged aquatic vegetation which should further improve water quality conditions and provide fish habitat. Alum decreases pH and alkalinity (buffering capacity) of the treated water so it will be used in conjunction with Phoslock® which will provide sediment phosphorus inactivation. SePro is the exclusive distributor of Phoslock® in the United States and has a long working relationship with Wood as a sub -contractor. Phoslock® is a bentonite clay containing lanthanum which has similar phosphorus -binding properties compared to alum but does not affect pH or alkalinity. Phoslock® is not a flocculent so its application has no impact on algae or other suspended particles that are abundant in Lake Prima Vista. This property makes it very selective for preventing the release (flux) of orthophosphate from the sediment which should improve the longevity of the alum treatment. Both alum and Phoslock® will cause an initial cloudy appearance to the water which will settle over time. TASK 1 - ATTEND PROJECT KICK-OFF MEETING Wood and SePro will attend a project kickoff meeting with representatives of the City to review the scope of services, the project implementation plan, and the project schedule. TASK 2 — ALUM AND PHOSLOCK® APPLICATION AND MONITORING Wood will sub -contract with SePro for both the alum and Phoslock® application portions of this project. Before application of alum, SePro and its applicator will conduct ajar test to ensure proper floc formation and maintenance of sufficient pH (decrease of less than one pH unit after one hour) at a target concentration of 10 mg/L as aluminum. Wood will report the results of thejar test to the City project manager. Upon authorization from the City project manager, Wood will instruct SePro to mobilize the application operation. Immediately before alum application, Wood will collect water quality field parameters to include Secchi depth, pH, dissolved oxygen, temperature, specific conductance, and oxidation/reduction potential and surface water samples from Lake Prima Vista. Water quality samples will be delivered to TestAmerica/Eurofins for analysis of the following parameters: (1) Total Kjeldahl Nitrogen (TKN) (2) Total Ammonia Nitrogen (TAN) (3) NOx (nitrite + nitrate) (4) Total Nitrogen (TKN+TAN) (5) Orthophosphate (6) Total Phosphorus (7) Chl-a (8) TSS (9) Aluminum (total) (10) Lanthanum (total) Page 2 0 The City has obtained approval from the Sleepy Harbor Homeowners Association (HOA) to utilize the park and boat ramp on the east side of Lake Prima Vista at the intersection of Orlando Avenue and East Lakeshore Drive. The HOA boat ramp will be utilized for launching of alum application boats, staging of Phoslock® product, and launching of Phoslock® application boats. Following boat launching, vehicles and trailers may be staged in the HOA park as space permits or they may be parked at the City park boat launch on Starke Lake. Alum and Phoslock® staging areas are shown in Figure 1. Wood anticipates that three alum tankers will deliver 12,000 gallons of alum which will be offloaded and applied to Lake Prima Vista by several boats over a single day. Tanker trucks will arrive individually and will be staged as far off of Orlando Avenue as safely possible. The City will provide traffic and pedestrian control if necessary. Wood will perform a second round of water quality sampling including the parameters described above one day following alum application. Phoslock® will be applied in two stages beginning approximately 24 hours after the alum application phase. Wood will collect water quality field parameters and a second water quality sample immediately before Phoslock® application. The first Phoslock® application phase will include a lakewide water column treatment of 6,000 pounds which will remove and settle the majority of any remaining orthophosphate following alum stripping. During the second Phoslock® application phase, approximately 30,000 pounds of Phoslock® will be applied to the targeted "hot spot" areas identified in the Lake Prima Vista Hydrologic/Nutrient Loading Study and shown in Figure 2. Wood will collect a third set of field parameters and surface water quality samples for analyses as described above within one week following the second Phoslock® application phase. TASK 3 — PERMITTING, PROJECT MANAGEMENT, AND REPORTING The FDEP has recently assumed responsibility for dredge and fill activities within Florida waters and has indicated an Environmental Resource Permit (ERP) will be required to implement the project. Wood will assist the City with submittal of an ERP application and follow-up with FDEP. Wood will provide project management and contractor coordination during all phases of the alum and Phoslock® application operations which will consist of a weekly status memo and routine phone calls and/or emails describing progress. Wood will provide a final report summarizing the treatment operations and the pre and post water quality conditions based on the three sets of water quality data collected during Task 2. It is assumed that the weekly reports and the summary report will be sufficient for the City to include with any necessary St. Johns River Water Management District grant program reporting. SCHEDULE, DELIVERABLE, & BUDGET Wood can commence work on the above scope of services immediately upon receipt of an approved purchase order and the project ERP. The application start date will be determined once Wood receives the purchase order, but it is anticipated to begin within one week following receipt Page 3 0 0 of the purchase order and ERP, weather permitting. All application phases are expected to be complete within one week of application start. The final water quality sample will be collected within one week of the end of the second Phoslock® application phase. Wood will submit the final report within one month of the final water quality sample collection. Deliverables will consist of weekly progress report memos and a final summary report memo which will include all water quality analytical reports. The total time and materials budget for this project is not to exceed $131,177. The attached budget detail includes rates from Wood's current Orange County's Water Quality Monitoring Professional Services contract Y20-906C. The project will be invoiced monthly. Wood will not exceed the proposed total budget without advance approval from the City. This proposal is valid for 60 days. COVID-19 During these uncertain and changing times we would like to inform you that meeting project schedules and budgets may be difficult if not impossible because of issues related to COVID-19. Federal, state and local governments have instituted stay at home orders and other criteria that could restrict our project execution and affect our ability to meet project schedules and stay within budget. If schedule and budget impacts become a reality we will inform you of the impacts that are outside of Wood's control. We appreciate your understanding during these challenging times. We look forward to continuing to work with the City of Ocoee. We pledge to provide our services in the exemplary fashion that the City has come to expect from Wood. This proposal is valid for 60 days. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, Wood Environment & Infrastructure Solutions, Inc. �� Lance Lumbard Crissy Mehle, PE, CFM Project Manager Service Line Lead LL/CM jrb Attachments Page 4 000 Alum application boat loading area Phoslockm application boat loading area AHOA Boat Ran' f,,j .. . Dry Phoslock® product staging area all Alum tanker Staging Area t 'f ly - ` + wt IF J M � l of Ocoee Lake Prima Vista Alum and Phoslock Treatment - 1120/21 d Project No. 600449.9 Task Number and Name for 2/Project Mgr (Lumbard) for 1/Project Mgr (Duxbury/Shehon) fessional Engineer/Scientist 3 fessional Engineer/Scientist 2 (Sheridan) fessional Engineer/Scientist 1 Designer Technician :hnician (Preston/Faist) nin (Baldwin) Budget Task 2 -Alum and Task 3 - Project Phoslock Application and Management, Permitting, Task 1-Kickoff Monitoring and Reporting p hours Total If hours Total M hours Total $0.00 $0.00 2 $289.24 8 $1,156.96 36 $5.206.32 2 $241.32 8 $965.28 33 $3,981,78 $0.00 $0.00 40 $3,328.80 12 $998.64 $0.00 $0.00 $0.00 $0.00 $0.00 40 $2,13320 14 $746,62 1 $55.49 4 $22196 4 $221.96 5 $586.05 100 $7,806.20 99 $11,155.32 louse Usage: i Description Unit Price (Rawl Qty Total Qty Total oty Total Pro DSS $130.00 3 $390.00 boat 16" motor and trailer $165.00 3 S495.00 In -House. Task $895.0 3contractor Cost (al: Icomractor Name Total Total Total ro $110,000.00 America $745.00 Subcontractors $110 745.00 al Task Cost _ __..__. _ _ _ $586.05 5119,436.20 $11,155.32 Total Total $110,000 $745 BUDGET III jl�.. �, �► a Ise�r�o SePRO Corporation • 11550 North Meridian Street • Suite 600 • Carmel, Indiana 46032-4565 September 18, 2019 SePRO Technology & Stewardship Services (TSS) Program and Budget Quotation Customer: Wood Group PLC Project: Water Quality Mitigation in Lake Prima Vista, Florida Lake Parameters: 20 surface acres, 10.6-foot average depth Scope of Work SePRO Corporation offers Wood PLC the following TSS for the implementation of phosphorus (P) inactivation project for Lake Prima Vista. On day one, the whole lake will be treated with alum at a rate of 10 ppm to flocculate suspended particles from the water column. On day two, 6,000 pounds Phoslock® will be applied to 20 acres to strip P from water column. Subsequently, a targeted application of 29,960 pounds of Phoslock will be applied in the two deep zones (6 acres) to inactivate P flux from bottom sediments. The quotation below includes the prescription design, product, delivery, and application for the scope of work defined for this project. Budget $110,000 This quote includes treatment prescription design, product, application and delivery. It does not assume any on -site storage or staging costs. Should parameters of the proposed project scope of work change following this submission, SePRO reserves the right to modify the prescription and budget based on an updated scope of work. This quotation is good for 60 days. Payment Upon commencement of the project (receipt of P.O. or signed contract from Wood) 25% of the total budget will be due net 30 days and upon completion of the application, the remaining 75% will be due net 60 days. Confidential — For Wood Group PLC tiff eurofins October 23, 2019 Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Environment Testing TestAmerica Subject: Analytical Services Proposal - Lake Prima Vista Alum and Phoslock Eurofins TestAmerica Quotation Number 66014452 Dear Lance Lumbard: Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Tel: (813) 885-7427 Fax: (813) 885-7049 www.testamericainc.com We appreciate the opportunity to provide your company with a quotation for your Lake Prima Vista Alum and Phoslock project. Eurofins TestAmerica has a unique combination of full service capabilities, technical expertise, local service options, and online resources necessary to ensure successful project outcomes. At Eurofins TestAmerica, quality is the hallmark of our business. To ensure your project's data quality objectives are met, we offer experienced personnel who are trained and committed to completing your analytical project on time, a fully documented QA/QC program, and state-of-the-art laboratory equipment and facilities. In addition to being a full service laboratory, we are part of the nation's largest environmental laboratory network. This provides access to an unparalleled spectrum of capabilities and turnaround time options, all through a single point of contact. Haukur Gudnason has been assigned as your Project Manager for this work and can be reached by phone at 813 280-8342 or via email at haukur.gudnason@testamericainc.com. • Total Access: a web portal offering you customizable, real time access to data. With 24 hour access you can perform data trending, compare data to industry or project limits, track CoCs, invoices, reports and much more. • Level IV Deliverables/Customizable EDDs: high resolution, text searchable reports, available in virtually any format. • Extensive Experience: Project Managers with in-depth knowledge of regulatory protocols and procedures. • Nationwide Logistical Support: bringing you an extensive courier network, service centers and shipping options throughout the U.S. and abroad. • PFAS, Dioxins/Furans, Air, Radiochemistry, IH and other specialty analyses are offered alongside routine soil and water methods with seamless reports and consolidated EDDs. The following quotation includes a detailed price breakdown, as well as any notes and clarifications pertaining to your project, and is subject to Eurofins TestAmerica's Standard Terms and Conditions, unless otherwise agreed upon in writing. We thank you for choosing Eurofins TestAmerica, and we look forward to working with you on this project. Sincerely, Chanell Slaughter Client Relations Manager chanell.slaughter@testamericainc.com cc: Rhonda Moll; Haukur Gudnason Issued on: 10/23/2019 Page 1 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter, Chanell Wood E&I Solutions Inc Date 10/23/2019 550 Northlake Blvd Expiration Date 1/22/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Pro ect.- Lake Prima Vista Alum and Phoslock Quote Number 66014452 - 0 Water Samples TAT:10_Days (Business Days) Matrix Method Test Description Quantity Unit Extended Price Price Water 353.2 Nitrate/Nitrite 3 $ 15.00 $ 45.00 Water 365.1 Orthophosphate 3 $ 20.00 $ 60.00 Water 6010D Aluminum 3 $ 15.00 $ 45.00 Water 2540 D-2011 Total Suspended Solids, (TSS) 3 $ 10.00 $ 30.00 Water Samples TAT:10_Days (Business Days) (to be analyzed by Eurofins TestAmerica, St. Louis) Matrix Method Test Description Quantity Unit Extended Price Price Water 6020A Lanthanum 3 $ 65.00 $ 195.00 Water Samples TAT:10_Days (Business Days) (to be analyzed by Eurofins TestAmerica, Savannah) Matrix Method Test Description Quantity Unit Extended Price Price Water 351.2-1993 R2.0 Total Kjeldahl Nitrogen, (TKN) 3 $ 25.00 $ 75.00 Water 350.1-1993 R2.0 Ammonia 3 $ 18.00 $ 54.00 Water Total Nitrogen Total Nitrogen - (Calculation Only) 3 $ 5.00 $ 15.00 Water 365.4-1974 Total Phosphorus 3 $ 18.00 $ 54.00 Water Samples TAT: 10_Days (Business Days) (to be analyzed by Environmental Conservation Laboratories) Matrix Method Test Description Quantity Unit Extended Price Price Water Subcontract Chlorophyll A 3 $ 55.00 $ 165.00 Total Water Samples $ 738.00 Quote Other Charges Description Quantity Unit Extended Price Price Safe and Environmentally Responsible Waste Management (per sample) 3 $ 2.50 $ 7.50 Minimum Total Invoice per analytical receipt (for details see T&Cs) 0 $ 150.00 $ 0.00 M01 - Level 2 Data Package 1 $ 0.00 $ 0.00 Total Other Charge $7.50 Issued on: 10/23/2019 Page 2 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Prepared by Slaughter, Chanell Date 10/23/2019 Expiration Date 1/22/2020 Est. Start Date Pro "act.• Lake Pima Ksta Alum and Phos/ock Quote Number, 66014452 - 0 Total Other Charges $ 7.50 Total Analysis Charges $ 738.00 Grand Total for Quote 66014452 $ 745.50 "Quoted charges do not include sales tax. Applicable sales tax will be added to invoices where required by law. Issued on: 10/23/2019 Page 3 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Prepared by Slaughter, Chanell Date 10/23/2019 Expiration Date 1/22/2020 Est. Start Date Pfo ect.- Lake Pdma Ksta Alum and Phos/ock Quote Number 66014452 - 0 PROJECT DETAILS Eurofins TestAmerica Business Confidentiality - T&Cs This quote has been prepared by TestAmerica Laboratories, Inc. dba Eurofins TestAmerica (Eurofins TestAmerica), solely for the use of the customer to whom it is addressed in evaluating Eurofins TestAmerica's qualifications and capabilities in connection with a particular project. The user of this document agrees by its acceptance to return it to Eurofins TestAmerica upon request and not to reproduce, copy, lend, or otherwise disclose its contents, directly or indirectly, and not to use it for any purpose other than that for which it was specifically provided. The user also agrees that where consultants or other outside parties are involved in the evaluation process, access to this document shall not be given to said parties unless those parties also specifically agree to these conditions. In the absence of signed acceptance, submittal of samples will indicate acceptance of this quotation. Terms and Conditions - This quotation is based solely upon Eurofins TestAmerica's standard product (routine QA/QC, detection limits, deliverables and standard turnaround times) and noted exceptions herein. The discounts incorporated into the pricing are based upon the sample quantity, test method, and schedule quoted. Any deviations may impact pricing and/or the acceptance of work. Final acceptance of this work is contingent upon a mutually agreed Sample Delivery Schedule. All sales are subject to Eurofins TestAmerica's Terms and Conditions unless alternative terms have been agreed to in writing. Submittal of samples will indicate acceptance of this quotation. Quote Expiration - Pricing listed in the proposal will expire 90 days from the quote date unless the project is awarded/confirmed within that time period. Unless otherwise set forth in this quotation, Eurofins TestAmerica reserves the right to re-evaluate pricing for extended length projects on an annual basis. SERWM - A fee, notated as Safe and Environmentally Responsible Waste Management (SERWM), will be applied to all invoices for each sample processed by the laboratory. PROJECT SETUP Field Sampling Products - Eurofins TestAmerica can provide field sampling products upon request and these products are billable to the client at the time of shipment. Field sampling products may include, but are not limited to: • VOA sampling devices, preservation kits, ISM supplies, tubing and filters • Industrial Hygiene media, surface sampling wipes, source sampling traps The cost of the soil sampling devices is not included in the quoted rates for volatile analysis. Core Samplers • 5 gram Core N' One and EnCore samplers are available at $10 each (three required per sample). • Disposable Core N' One T-Handles are available at $15 each. • Eurofins TestAmerica does not supply EnCore T-Handles. Field Preservation Issued on: 10/23/2019 Page 4 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Prepared by Slaughter, Chanell Date 10/23/2019 Expiration Date 1/22/2020 Est. Start Date Pm "ect.- Lake Pdma Ksta Alum and Phos/ock Quote Number- 66014452 - 0 • TerraCore Kits (varied) - quoted based on client required configurations • Disposable Lock N' Load Handles are available at $12 each. If any sampling supplies for soil VOCs are requested, they will be included in the quote under Other Charges. Coolers and Sampling Supplies - • Sampling Supplies: Eurofins TestAmerica will provide sample containers and coolers to support the sampling of water and soil samples. Extra bottles maybe provided (up to 10%) in case of breakage. Eurofins TestAmerica expects that samples and supplies will be returned to the lab, including empty coolers and a reasonable percentage of the projected sample load - 70% or higher of the expected/quoted sample number. Coolers not received back by the projected deadline or as agreed with the PM may be charged at $30 per cooler. Similarly, if the sample containers received as samples are less than 90% of the containers provided, the sample containers not received as samples will be charged at a flat rate of $1 per container. • Sample Container Shipping: The containers and preservatives required by the project shall be delivered via ground transportation. A minimum of 5 business days advance notice is required in order to achieve shipment by ground transportation. Supply shipments requiring priority delivery due to insufficient lead time for ground transportation shall be charged to the client at Eurofins TestAmerica's cost. Alternatively, Eurofins TestAmerica can ship the supplies via carrier of choice by the client using the client's shipping account. Eurofi-ns TestAmerica does not supply wet ice or blue ice for shipments. If shipping containers are not returned within 60 days, a charge for the containers will be billed at the current market rate. Please contact your PM for the current charges. Courier Services and Sample Pick -Up - Courier Services are offered by some Eurofins TestAmerica facilities. Where offered, the cost of the services will vary based on the distance traveled, the scope of the project being supported, and whether sufficient notice (typically 48 hours) is provided to facilitate efficient scheduling. If no details are described in this quotation and you are interested in learning more about courier options, please contact your Client Relations Manager or Project Manager to inquire about availability and cost. Minimum Log -In Charges - Eurofins TestAmerica's minimum charge is $150 for a group of samples received together for analysis. Our minimum invoice value is $150. QC Limit Disclaimer - The laboratory's reporting limits, detection limits, and control limits are subject to change as these values are updated periodically to reflect analytical sensitivity and capability. Turnaround Time - • Quoted Turnaround Time - Data will be delivered at the proposed turnaround time in Business Days from Sample Receipt unless otherwise agreed upon. TAT begins the day the laboratory performing analyses receives the samples (day of lab receipt = day zero). Samples received after 11 AM will be considered received the next business day. • Expedited Turnaround Time: Expedited turnaround times may be available and must be Issued on: 10/23/2019 Page 5 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter, Chanel] Wood E&I Solutions Inc Date 10/23/2019 550 Northlake Blvd Expiration Date 1/22/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 pre -approved by the laboratory. Expedited turnaround delivery is contingent upon meeting the agreed upon delivery date/time and number of samples. Samples received after 11 AM will be considered received the next business day. Results will be provided via e-mail or TotalAccess by close of business in the lab's time zone unless another time has been agreed to in advance. Expedited turnaround time surcharges for standard analyses are: - 5 Business Days TAT = 30% - 4 Business Days TAT = 45% - 3 Business Days TAT = 60% - 2 Business Days TAT = 75% - 1 Business Day TAT = 100% Different surcharges may apply for specialty analyses. These will be provided in your quotation. Weekend TAT can be arranged on a project -specific basis at an additional cost. Please contact your PM to inquire about availability and cost. PROJECT DELIVERABLES Eurofins TestAmerica will provide two analytical report formats, a final report in PDF format and a standard Eurofins TestAmerica EDD. Both electronic report formats will be delivered via email or web portal. If additional formats or retroactive deliverables are requested, costs of report generation will be billable. Charges will be based on labor and materials cost of report generation and data retrieval. Please contact your PM to inquire about availability and the price of additional deliverables. • Report Format: Unless a level III or IV deliverable is specifically listed on the pricing page, this quotation includes delivery of a Level I or II report. Level III or IV reports are available at an additional charge. Electronic Data Deliverable Format: Eurofins TestAmerica has many EDD formats available to our clients including the most widely used commercial formats. Eurofins TestAmerica offers data using a standard EDD. Other EDD formats are available for a minimal cost of $25 per format (if not included as part of the report options listed in the quotation). The development of EDD formats that are not already available, including modification to existing formats to fit client specific needs, can be provided for a fee starting at $100. Additional fees will be estimated by the lab and approved by the client. Additional programming fees are billed at $50/hour. PROJECT SPECIFICATIONS Cancellation Fee - A fee will be charged for cancellation of samples/analyses after a project is received in the laboratory. The fee will be based on the status of analysis at the time of cancellation in accordance with the following categories: • Received - 35% • Prepped - 50% • Analyzed - 95% Changes in Scope and Work Revisions - Project requirements must be agreed upon prior to sample receipt. Samples will be logged according to the chain of custody received with the samples. Changes after initiation of the project will be subject to additional charges, including labor time required to reset project, communicate changes to laboratory staff, and rework data. Turnaround time will be reset or Issued on: 10/23/2019 Page 6 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter, Chanell Wood E&I Solutions Inc Date 10/23/2019 550 Northlake Blvd Expiration Date 1/22/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 rush surcharges will be assessed where applicable. Analyses added with less than 1/2 of the analytical hold time remaining will incur rush turnaround charges. Your project manager will evaluate project specific charges at the time a change order is received. Held Samples - • Held samples not analyzed: Samples submitted on hold will be billed at 35% of the analysis fee (minimum $10/sample). If samples are later analyzed, the handling fee will be waived and only the analysis price will be charged. Samples taken off hold with less than 1/2 of the analytical hold time remaining may incur rush turnaround charges. Samples will be disposed of 30 days after the report for analyzed samples in the same job is issued, unless alternate archival arrangements are made in advance. • Extracted/Prepped and Held samples: Samples submitted for prep and hold will be billed at 60% of the analysis fee for each prepped sample (minimum $30/sample). Samples taken off hold with less than 1/2 of the analytical hold time remaining may incur rush turnaround charges. Samples will be disposed of 30 days after the report for analyzed samples in the same job is issued, unless alternate archival arrangements are made in advance. Extended archival of samples: Extended archival of samples (including held samples) may be available for a fee starting at $2 per container per month (minimum $10/sample). This fee will be billed in advance on a quarterly basis for every quarter after the standard sample retention time of 30 days after the report is issued. Fees for larger volumes, non-standard matrices or cold storage will be negotiated on a case -by -case basis. Please contact your PM to inquire about availability and pricing for samples that are sent to the lab and archived. Matrix Spike/Spike Duplication (MS/MSD) Samples - When MS/MSDs are not specifically requested, Eurofins TestAmerica will strive to perform the required QC using whatever sample is available but will not report the QC results unless the client requests it. The reporting of client requested MS/MSD results will be charged at applicable unit rates. If MS/MSDs are specifically required or requested, the client must provide additional sample volume. Multiple Dilutions Analyzed - Eurofins TestAmerica strives to analyze samples without dilution or with the minimum dilution required. Samples are diluted to bring the primary analyte within the calibration range of the instrument, to compensate for matrix co -extractives, or to prevent instrument contamination. Eurofins TestAmerica will report the analytical run containing the highest concentration component/analyte in the sample within the calibrated (quantifiable) range of the method. Analytical screening runs are not reported. If project specific data quality objectives require additional runs, analyses will be billable unless otherwise noted in this quote. Please contact your PM to inquire about the availability of this service for your project. Sample Disposal - Eurofins TestAmerica will dispose of non -hazardous samples, sample extracts and digestates 30 days after the final report is issued. Charges for disposal of non -routine or uniquely hazardous samples will be billed to the client. Alternatively, samples can be returned to the client for disposal. Cost of return shipping will be billable to the client. Special Sample Handling Fees - Unit prices assume that samples are a single-phase matrix and that analyses can be performed Issued on: 10/23/2019 Page 7 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter, Chanell Wood E&I Solutions Inc Date 10/23/2019 550 Northlake Blvd Expiration Date 1/22/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 in accordance with the laboratory's standard analytical procedures. If additional handling is required, additional fees may apply. Examples of special handling include (but are not limited to): • Matrices requiring additional dilutions or special clean up steps • Multiphasic samples requiring separate preparations and/or analyses • Particle size reduction or special sub -sampling procedures • Extra disposal costs for unique waste streams Trip Blanks - Eurofins TestAmerica typically provides trip blanks with our sample kits containing volatile analysis. When samples are received at the laboratory with trip blanks, the lab will analyze, report and charge the unit rate for the analysis. Please add this sample to your chain of custody. If you do not want the trip blank analyzed, please note this on the COC. ADDITIONAL BUSINESS TERMS AND CONDITIONS Environmental Management Fee If this fee is included in the Other Charges section of the pricing page, a fee equal to the listed percentage of the total invoice amount will be applied to all work done under this quotation. The Fee will appear as a separate line item on each invoice. In the absence of any other firm pricing agreements, your sending work to us under this quotation will signify your acceptance of responsibility for payment of the Fee. Field Parameters - pH, Temperature, and Dissolved Oxygen analyses, along with Residual Chlorine screening, are properly performed and treated in the field at the time of sample collection. Laboratory analysis may result in a holding time exceedance qualifier. Network or Subcontract Labs - • Networking: Eurofins TestAmerica reserves the right to perform the services at any laboratory in the Eurofins TestAmerica network, unless the Client has required a particular location for the work. Subcontracting: Eurofins TestAmerica reserves the right to subcontract services ordered by the Client to another laboratory or laboratories, if, in Eurofins TestAmerica's sole judgment, it is reasonably necessary, appropriate or advisable to do so. Eurofins TestAmerica will make every effort to notify the client prior to delivering samples to an out -of -network laboratory. Eurofins TestAmerica will in no way be liable for any subcontracted services (outside the Eurofins TestAmerica network) except for work performed at laboratories which have been audited and approved by Eurofins TestAmerica. Price Surcharge Due To Sample Volume - Unless dictated by contract, this quotation is based on the scope of work defined in the quote request. If the volume of samples submitted is less than 70% of the projected volume, a surcharge of 10% of the total project cost may be assessed. Professional and Administrative Services - A variety of professional and administrative services are available. Prices for services not specifically detailed in this quotation will be billed in accordance with Eurofins TestAmerica's Professional Rate Schedule. Taxes - Where reports are issued in or delivered to a state which assesses sales tax on Eurofins Issued on: 10/23/2019 Page 8 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Prepared by Slaughter, Chanell Date 10/23/2019 Expiration Date 1/22/2020 Est. Start Date Pro "ect•• Lake Pdma Vista Alum and Phoslock Quote Number 66014452 - 0 TestAmerica's services, applicable sales taxes will be added to the invoice as required by law, unless an appropriate sales tax exemption form is on file with Eurofins TestAmerica. Rev: 04/04/2019 Issued on: 10/23/2019 Page 9 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter, Chanell Wood E&I Solutions Inc Date 10/23/2019 550 Northlake Blvd Expiration Date 1/22/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Pm ect.• Lake Pdma Vista Alum and Phos/ock Quote Number. 66014452 - 0 Water Samples Matrix Method Test Description Analyte RL MDL Units Water 353.2 Nitrate/Nitrite Nitrate Nitrite as N 0.0150 0.00500 mg/L RL MDL Units Water 365.1 Orthophosphate orthophosphate 0.0200 0.00456 mg/L Orthophosphate as P 0.0200 0.00456 mg/L RL MDL Units Water 6010D Aluminum Aluminum 0.200 0.0500 mg/L RL RL Units Water 2540 D-2011 Total Suspended Solids, (TSS) Total Suspended Solids 5.00 5.00 mg/L RL MDL Units Water 6020A Lanthanum Lanthanum 0.00200 0.000900 mg/L RL MDL Units Water 351.2-1993 R2.0 Total Kjeldahl Nitrogen, (TKN) Nitrogen, Kjeldahl 0.200 0.100 mg/L RL MDL Units Water 350.1-1993 R2.0 Ammonia Ammonia 0.250 0.100 mg/L RL MDL Units Water Total Nitrogen Total Nitrogen - (Calculation Only) Nitrogen, Total 0.250 0.110 mg/L RL MDL Units Water 365.4-1974 Total Phosphorus Phosphorus 0.100 0.0410 mg/L Issued on: 10/23/2019 Page 10 of 11 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Slaughter, Chanell Wood E&I Solutions Inc Date 10/2312019 550 Northlake Blvd Expiration Date 1/22/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance.lumbard@woodplc.com Tel: (407) 592-3235 Pro ect.• Lake Pdma Vista Alum and Phoslock Quote Number. 66014452 - 0 Analytical Sample Information Analysis Client Sub List Desc Method Matrix Preservative Container Volume Required Holding Time General Subcontract Method Chlorophyll A SUBCONTRACT Water None Other Client Container - 1 NONE preserved Metals (ICP) Aluminum 6010D Water Nitric Acid Plastic 250ml - with Nitric 50 mL 180 Days Acid Metals (ICP/MS) Lanthanum 6020A Water Nitric Acid Plastic 250ml - with Nitric 50 mL 180 Days Acid Nitrogen, Ammonia Ammonia 350.1 Water Sulfuric Acid Plastic 250ml - with Sulfuric 50 mL 28 Days Acid Nitrogen, Nitrate -Nitrite Nitrate/Nitrite 353.2_Pres Water Sulfuric Acid Plastic 250ml - with Sulfuric 50 mL 28 Days Acid Nitrogen, Total Total Nitrogen - (Calculation Only) Nitrogen,Total Water Sulfuric Acid Plastic 250ml - with Sulfuric 30 mL 28 Days Acid Nitrogen, Total Kjeldahl Total Kjeldahl Nitrogen, (TKN) 351.2 Water Sulfuric Acid Plastic 250ml - with Sulfuric 60 mL 28 Days Acid Phosphorus, Ortho Orthophosphate 365.1_Ortho Water None Plastic 250m1- unpreserved 50 mL 48 Hours Phosphorus, Total Total Phosphorus 365.4 Water Sulfuric Acid Plastic 250ml - with Sulfuric 60 mL 28 Days Acid Solids, Total Suspended (TSS) Total Suspended Solids, (TSS) 2540D Water None Plastic 1 liter - unpreserved 1000 mL 7 Days Hold Times listed above represent the minimum allotted time between sampling and lab extraction, prep or analysis Multiple analyses may be consolidated into fewer containers. Please contact your Project Manager for clarification when requesting sample containers. Except for some special tests, all samples should be kept cold at 6 degrees C. Issued on: 10/23/2019 Page 11 of 11 tiff e u rof i n s Environment Testing TestAmerica EUROFINS TESTAMERICA TERMS AND CONDITIONS OF SALE (Short Form) When a purchaser (Client) places an order for laboratory, consulting or sampling services from TestAmerica Laboratories, Inc., a Delaware corporation (Eurofins TestAmerica), Eurofins TestAmerica shall provide the ordered services pursuant to these Terms and Conditions and the related Quotation or Price Schedule, or as agreed in a negotiated contract. In the absence of a written agreement to the contrary, a client order constitutes an acceptance by the Client of Eurofins TestAmerica's offer to do business under these Terms and Conditions, and an agreement to be bound by these Terms and Conditions. Receipt of a Client's samples at a Eurofins TestAmerica laboratory constitutes acceptance of these Terms and Conditions (in the absence of any other negotiated contract). No contrary or additional terms and conditions expressed in a Client's document shall be deemed to become a part of the contract created upon acceptance of these Terms and Conditions, unless accepted by Eurofins TestAmerica in writing. 1. ORDERS AND RECEIPT OF SAMPLES 1.1 A Client may place an order (i.e., specify a Scope of Work) either by submitting a purchase order to Eurofins TestAmerica in writing or by telephone subsequently confirmed in writing, or by negotiated contract. Whichever option the Client selects for placing an order, the order shall not be valid unless it contains sufficient specification to enable Eurofins TestAmerica to carry out the Client's requirements. In particular, samples must be accompanied by: a) adequate instruction on type of analysis requested, and b) complete written disclosure of the known or suspected presence of any hazardous substances, as defined by applicable federal or state law. If a Client fails to provide these required disclosures accompanying the submission of samples, and such failure results in an interruption in the lab's ability to process work due to contamination of instruments or work areas, the Client will be responsible for the costs of clean-up and recovery. 1.2 The Client shall provide one week's advance notice of the sample delivery schedule, or any changes to the schedule, whenever possible. Upon timely delivery of samples, Eurofins TestAmerica will use its best efforts to meet mutually agreed turnaround times. All turnaround times will be calculated from the point in time when Eurofins TestAmerica has determined that it can proceed with defined work following receipt, inspection of samples, and resolution of any discrepancies in Chain -of -Custody forms and project guidance regarding work to be done (Sample Delivery Acceptance). Rush turnaround times not requested in advance of the delivery of samples and specifically agreed to by the lab are not guaranteed. If the Client changes the sample delivery schedule prior to Sample Delivery Acceptance, Eurofins TestAmerica reserves its rights to modify its turnaround time commitment, change the date upon which Eurofins TestAmerica will accept samples, or refuse Sample Delivery Acceptance for the affected samples. 1.3 Eurofins TestAmerica reserves the right, exercisable at any time, to refuse or revoke Sample Delivery Acceptance for any sample which in the sole judgment of Eurofins TestAmerica: a) is of unsuitable volume; b) may pose a risk or become unsuitable for handling, transport, or processing for any health, safety, environmental or other reason, whether or not due to the presence of any hazardous substance in the sample and whether or not such presence has been disclosed to Eurofins TestAmerica by the Client; or c) holding times cannot be met, due to passage of more than 48 hours from the time of sampling or 1/2 the holding time for the requested test, whichever is less. 1.4 Prior to Sample Delivery Acceptance, the entire risk of loss or damage to samples remains with the Client, except where Eurofins TestAmerica provides courier services. In no event will Eurofins TestAmerica have any responsibility or liability for the action or inaction of any carrier shipping or delivering any sample to or from Eurofins TestAmerica's premises. Client is responsible for assuring that any sample that contains or may contain any hazardous substance to be delivered to Eurofins TestAmerica's premises is properly packaged, labeled, transported and delivered, all in accordance with applicable laws. 1.5 Eurofins TestAmerica reserves the right to begin processing samples upon receipt, unless the Client specifically notifies Eurofins TestAmerica in writing prior to sample receipt that the samples are to be held without preparation or other processing or pending receipt of a purchase order. Eurofins TestAmerica shall under no circumstances be responsible for missed holding times or turnaround times or for re -sampling costs if samples are released from hold with less than 48 hours or 1/2 the holding time for the requested test remaining, whichever is less. 2. PAYMENT TERMS 2.1 Services performed by Eurofins TestAmerica will be in accordance with prices quoted and later confirmed in writing or as stated in the Price Schedule. Quoted prices do not include sales tax. Applicable sales tax will be added to invoices where required by law. 2.2 Invoices may be submitted to Client upon completion of any sample delivery group. Billing corrections must be requested within 30 days of invoice date. Payment in advance is required for all clients except those whose credit has been established with Eurofins TestAmerica. For clients with approved credit, payment terms are net 30 days from the date of invoice by Eurofins TestAmerica, unless alternative terms have been agreed in a separate written agreement. Payment shall be made without retainage, and shall not be contingent upon the receipt of funds from third parties. All overdue payments are subject to an additional interest and service charge of one and one half percent (1.5%) (or the maximum rate permissible by law, whichever is less) per month or portion thereof from the due date until the date of payment. All fees are charged or billed directly to the Client. The billing of a third party will not be accepted without a statement, signed by the third party, acknowledging and accepting payment responsibility in accordance with these payment terms. 2.3 If Client fails to make timely payment of its invoices, Eurofins TestAmerica reserves the right to pursue all appropriate remedies, including withdrawing certifications, suspending work and withholding delivery of data under this order without recourse. Client shall be responsible for all reasonable fees, expenses, and costs of collection including but not limited to arbitrator's and attorney's fees. Eurofins TestAmerica reserves the right to refuse to proceed with work at any time based upon an unfavorable Client credit report. 3. CHANGE ORDERS, TERMINATION 3.1 Changes to the Scope of Work, price, or result delivery date may be initiated by Eurofins TestAmerica after Sample Delivery Acceptance due to any condition which conflicts with analytical, QA or other protocols warranted in these Terms and Conditions. Eurofins TestAmerica will not proceed with such changes until an agreement with the Client is reached on the amount of any cost, schedule change or technical change to the Scope of Work, and such agreement is documented in writing. 3.2 Changes to the Scope of Work, including but not limited to increasing or decreasing the work, changing test and analysis specification, or acceleration in the performance of the work may be initiated by the Client after Sample Delivery Acceptance. Such change must be documented in writing and may result in a change in cost and turnaround time commitment. Eurofins TestAmerica's acceptance of such changes is contingent upon technical feasibility and operational capacity. 3.3 Suspension or termination of all or any part of the work may be initiated by the Client. Eurofins TestAmerica will be compensated consistent with Section 2 of these Terms and Conditions. Eurofins TestAmerica will complete all work in progress and be paid in full for all work completed. 4. WARRANTIES AND LIABILITY 4.1 Where applicable, Eurofins TestAmerica will use appropriate and approved analytical test methods. Eurofins TestAmerica has referenced these methods in its Laboratory Quality Manuals and has documented them in Standard Operating Procedures. Eurofins TestAmerica reserves the right based on its reasonable judgment to deviate from these methodologies as necessary or appropriate to the extent required by the nature or composition of the sample, which deviations, if any, will be made on a basis consistent with recognized standards of the industry and/or Eurofins TestAmerica's Laboratory Quality Manuals. Client may request that Eurofins TestAmerica perform according to a mutually agreed Quality Assurance Project Plan (QAPP). If samples arrive prior to agreement on a QAPP, Eurofins TestAmerica will proceed with analyses under its standard Quality Manuals then in effect. Eurofins TestAmerica will not be responsible for any resampling or other charges if work must be repeated to comply with a subsequently finalized QAPP. © 2019, TestAmerica Laboratories, Inc., All Rights Reserved Std TC-1 (00), Page 1 of 3 eurofins Environment Testing TestAmerica 4.2 Eurofins TestAmerica shall start preparation and/or analysis within holding times provided that Sample Delivery Acceptance occurs within 48 hours of sampling or 1/2 of the holding time for the test, whichever is less, unless the Client has specifically requested that Eurofins TestAmerica hold the samples without preparation or other processing or pending receipt of a purchase order. Where resolution of inconsistencies leading to Sample Delivery Acceptance does not occur within this period, Eurofins TestAmerica will use its best efforts to meet holding times and will proceed with the work provided that, in Eurofins TestAmerica's judgment, the chain -of -custody or definition of the Scope of Work provide sufficient guidance. Reanalysis of samples to comply with Eurofins TestAmerica's Quality Manuals will be deemed to have met holding times provided the initial analysis was performed within the applicable holding time. Where reanalysis demonstrates that sample matrix interference is the cause of failure to meet any Quality Manual requirements, the warranty will be deemed to have been met. 4.3 Eurofins TestAmerica warrants that it possesses and maintains all licenses and certifications that are required to perform services under these Terms and Conditions provided that such requirements are specified in writing to Eurofins TestAmerica prior to Sample Delivery Acceptance. Eurofins TestAmerica will notify the Client in writing of any decertification or revocation of any license, or notice of either, that affects work in progress. 4.4 The warranty obligations set forth in Sections 4.1, 4.2 and 4.3 are the sole and exclusive warranties given by Eurofins TestAmerica in connection with any services performed by Eurofins TestAmerica or any results generated from such services, and Eurofins TestAmerica gives and makes NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. No representative of Eurofins TestAmerica is authorized to give or make any other representation or warranty or modify this warranty in any way. 4.5 Client's sole and exclusive remedy for breach of warranty in connection with any services performed by Eurofins TestAmerica will be limited to repeating any services performed, contingent on the Client's providing, at the request of Eurofins TestAmerica and at the Client's expense, additional sample(s) if necessary. Any reanalysis requested by the Client generating results consistent with the original results will be at the Client's expense. If resampling is necessary, Eurofins TestAmerica's liability for resampling costs will be limited to actual cost or one hundred and fifty dollars ($150) per sample, whichever is less. 4.6 Eurofins TestAmerica's liability for any and all causes of action arising hereunder, whether based in contract, tort, warranty, negligence or otherwise, shall be limited to the lesser amount of compensation for the services performed or $100,000. All claims, including those for negligence, shall be deemed waived unless suit thereon is filed within one year after Eurofins TestAmerica's completion of the services. Under no circumstances, whether arising in contract, tort (including negligence), or otherwise, shall Eurofins TestAmerica be responsible for loss of use, loss of profits, or for any special, indirect, incidental or consequential damages occasioned by the services performed or by application or use of the reports prepared. 4.7 In no event shall Eurofins TestAmerica have any responsibility or liability to the Client for any failure or delay in performance by Eurofins TestAmerica that results, directly or indirectly, in whole or in part, from any cause or circumstance beyond the reasonable control of Eurofins TestAmerica. Such causes and circumstances include, but are not limited to, acts of God, acts of Client, acts or orders of any governmental authority, strikes or other labor disputes, natural disasters, accidents, wars, civil disturbances, equipment breakdown, matrix interference or unknown highly contaminated samples that impact instrument operation, unavailability of supplies from usual suppliers, difficulties or delays in transportation, mail or delivery services, or any other cause beyond Eurofins TestAmerica's reasonable control. 5. RESULTS, WORK PRODUCT 5.1 Data or information provided to Eurofins TestAmerica or generated by services performed under this agreement shall only become the property of the Client upon receipt in full by Eurofins TestAmerica of payment for the entire order. Ownership of any analytical method, QA/QC protocols, software programs or equipment developed by Eurofins TestAmerica for performance of work will be retained by Eurofins TestAmerica. Client shall not disclose such information to any third party without Eurofins TestAmerica's express prior consent. 5.2 Data and sample materials provided by Client or at Client's request, and the result obtained by Eurofins TestAmerica shall be held in confidence (unless such information is generally available to the public or is in the public domain or Client has failed to pay Eurofins TestAmerica for all services rendered or is otherwise in breach of these Terms and Conditions), subject to any disclosure required by law or legal process. 5.3 Should the results delivered by Eurofins TestAmerica be used by the Client or Client's client, even though subsequently determined not to meet the warranties described in these Terms and Conditions, then the compensation will be adjusted based upon mutual agreement. In no case shall the Client unreasonably withhold Eurofins TestAmerica's right to independently defend its data. 5.4 Eurofins TestAmerica reserves the right to perform the services at any laboratory in the Eurofins TestAmerica network. If a Client has requested a particular location for the work, Eurofins TestAmerica will inform the Client when operational constraints require the work to be performed at another Eurofins TestAmerica location. In addition, Eurofins TestAmerica reserves the right to subcontract services ordered by the Client to another laboratory or laboratories, if, in Eurofins TestAmerica's sole judgment, it is reasonably necessary, appropriate or advisable to do so. Eurofins TestAmerica will in no way be liable for any subcontracted services (outside the Eurofins TestAmerica network) except for work performed at laboratories which have been audited and approved by Eurofins TestAmerica. 5.5 Eurofins TestAmerica will dispose of non -hazardous samples, sample extracts and digestates 30 days after the final analytical report is issued, unless instructed to store them for an alternate period of time or to return such samples to the Client, in a manner consistent with U.S. Environmental Protection Agency regulations or other applicable federal, state or local requirements. Charges for disposal will be billed to the client. Alternatively, samples can be returned to the client for disposal. Cost of return shipping will be billable to the client. Air samples in Summa canisters and tedlar bags are used and the containers cleaned immediately after testing, such that those samples are not retained. Longer storage periods may be requested and may be accommodated if space allows, and for an additional charge. Any samples for projects that are canceled or not accepted, or for which return was requested, will be returned to the Client at its own expense. Eurofins TestAmerica reserves the right to return to the Client any sample or unused portion of a sample that is not within Eurofins TestAmerica's permitted capability or the capabilities of Eurofins TestAmerica's designated waste disposal vendor(s). ALL DIOXIN, MIXED WASTE, AND RADIOACTIVE SAMPLES WILL BE RETURNED TO THE CLIENT, unless prior arrangements for disposal are made. 5.6 Unless a different time period is agreed to in an order under these Terms and Conditions, Eurofins TestAmerica agrees to retain all records for five (5) years. 5.7 If Eurofins TestAmerica is required to respond to legal process related to services for Client, Client agrees to reimburse Eurofins TestAmerica for hourly charges for personnel involved in the response and attorney's fees reasonably incurred in obtaining advice concerning the response, preparation to testify, and appearances related to the legal process, travel and all reasonable expenses associated with the litigation. Additional consulting beyond that normally associated with lab reports will be billed at Eurofins TestAmerica's current published rates. 6. INSURANCE 6.1 During the performance of services under these Terms and Conditions, Eurofins TestAmerica shall maintain in force Workers' Compensation and Employer's Liability Insurance in accordance with the laws of the states having jurisdiction over Eurofins TestAmerica's employees who are engaged in the performance of the work. Eurofins TestAmerica shall also maintain during such period Comprehensive General and Contractual Liability (limit of $1,000,000 per occurrence/ $2,000,000 aggregate), Comprehensive Automobile Liability, owned and hired, ($1,000,000 combined single limit), Professional Liability Insurance (limit of $5,000,000 per claim/ aggregate and Pollution Liability insurance (limit of $5,000,000 per claim/aggregate). © 2019, TestAmerica Laboratories, Inc., All Rights Reserved Std TC-1 (00), Page 2 of 3 tiff eurofins 7. MISCELLANEOUS PROVISIONS Environment Testing TestAmerica 7.1 These Terms and Conditions, together with any additions or revisions which may be agreed to in writing by Eurofins TestAmerica, embody the whole agreement of the parties and provide the only remedies available. There are no promises, terms, conditions, understandings, obligations or agreements other than those contained herein, and these Terms and Conditions shall supersede all previous communications, representations, or agreements, either verbal or written, between the Client and Eurofins TestAmerica. These Terms and Conditions, and any transactions or agreements to which they apply, shall be governed both as to interpretation and performance by the laws of the state where Eurofins TestAmerica's services are performed. 7.2 The invalidity or unenforceability, in whole or in part, of any provision, term or condition hereof shall not affect in any way the validity or enforceability of the remainder of these Terms and Conditions, the intent of the parties being that the provisions be severable. The section headings of these Terms and Conditions are intended solely for convenient reference and shall not define, limit or affect in any way these Terms and Conditions or their interpretations. No waiver by either party of any provision, term or condition hereof or of any obligation of the other party hereunder shall constitute a waiver of any subsequent breach or other obligation. 7.3 The obligations, liabilities, and remedies of the parties, as provided herein, are exclusive and in lieu of any others available at law or in equity. Indemnifications, releases from liability and limitations of liability shall apply, notwithstanding the fault, negligence or strict liability of the party to be indemnified, released, or whose liability is limited, except to the extent of sole negligence or willful misconduct. 0 2019, TestAmerica Laboratories, Inc., All Rights Reserved Std TC-1 (00), Page 3 of 3