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FY2020-12 Agreement With Eurofins DBA Test America For Analytical Laboratory Services Including Extension No. 1January 31, 2024 Anthony Grimaldi Business Unit Manager Eurofins TestAmerica 4955 Yarrow St. Arvada, CO 80002 Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9343 Fax (907) 486-9394 dconrad@kodiakak.us RE: First Year Extension of the Analytical Laboratory Services Contract Contract No. FY2020-12 Ext.I Dear Mr. Grimaldi: With this letter the Kodiak Island Borough wishes to exercise our option for the first of two options to extend the contract by a year to our existing Analytical Laboratory Services Contract until February 1, 2025. The same provisions of the original contract will remain in effect except for the attached updated price listing. Per the agreement between Kodiak Island Borough and Eurofms, Kodiak Island Borough was supposed to receive an insurance certificate for the following: General liability, Worker's Comp, and Automobile Insurance with the Borough named as "additional insured;". If you could please verify your insurance meets the limits outlined in the original agreement and provide the Kodiak Island Borough with a copy for our records. You may acknowledge your acceptance of this renewal by signing on the next of this document and returning to our office. Sincerely, vid on d, Director Kodiak Island Borough Engineering & Facilities Dept. Extension Letter: Analytical Laboratory Services Contract Contract # FY2020-12 Ext. l Page 1 of 2 ACKNOWLEDGEMENTS Signatures of parties to contract acknowledging the extension of contract for another year. A ��1 - U*"- Aimee Williams Kodiak Island Borough Manager .R�& Anthony Cd4mkfdi, or Designee Eurofins TestAmerica Nova Javier, Attesting Kodiak Island Borough Clerk Extension Letter: Analytical Laboratory Services Contract Contract # FY2020-12 Ext.I Page 2 of 2 Date b ( FeG Date 2/1/2024 Date ���� I9-ocq. _ Surface Water Semiannual TAT: 21 -Days (Calendar Days) Matrix Method Test Description Quantity Unit Extended Price Price Water SM5210B BOD 1 $ 50.00 $ 50.00 Water 410.4 COD 1 $ 35.00 $ 35.00 Water SM 2540C Solids, Total Dissolved 1 $ 20.00 $ 20.00 Water 6020B Total Metals 1 $ 140.00 $ 140.00 (Ag,As,Ba,Be,Cd,Co,Cr,Cu,Fe,Mn, Ni,Pb,Sb,Se,TI,V,Zn) (EET SEA) Water SM 23406 Hardness, Calculation 1 $ 25.00 $ 25.00 Water 200.7 Rev 4 4 Total Calcium & Magnesiun for Hardness Calculation 1 $ 30.00 $ 30.00 Water 300.0 Nitrate as N 1 $ 20.00 $ 20.00 Water 353.2 Nitrogen, Nitrate -Nitrite 1 $ 30.00 $ 30.00 Water 350.1 Nitrogen, Ammonia 1 $ 30.00 $ 30.00 Water 351.2 Nitrogen, Total Kjeldahl 1 $ 41.00 $ 41.00 Water 8260D VOCs, Custom List 1 $ 120.00 $ 120.00 Water AK101 AK TPH-GRO 1 $ 65.00 $ 65.00 Water AK102 & 103 AK TPH-DRO/RRO 1 $ 95.00 $ 95.00 Water 8270E SIM PAHs (SIM), Custom List 1 $ 145.00 $ 145.00 Total Surface Water Semiannual $ 846.00 Storm Water Annual TAT: 21_Days (Calendar Days) Matrix Method Test Description Quantity Unit Extended Price Price Water 625.1 Benzoic Acid, Phenol, A -Terpineol, P -cresol (ELLE) 1 $ 200.00 $ 200.00 Water 350.1 Nitrogen, Ammonia 1 $ 30.00 $ 30.00 Water SM5210B BOD 1 $ 50.00 $ 50.00 Water SM 4500 H+ B pH 1 $ 12.00 $ 12.00 Water SM 2540D Solids, Total Suspended 1 $ 20.00 $ 20.00 Water 6020B Total Metals Iron & Zinc (EET SEA) 1 $ 50.00 $ 50.00 Total Storm Water Annual $ 362.00 Leachate TP Compliance Monthly TAT: 21 -Days (Calendar Days) Matrix Method Test Description Quantity Unit Extended Price Price Water 6020B Total Recoverable Metals 1 $ 115.00 $ 115.00 (Ag,As,Be,Cd,Cr,Cu,Ni,Pb,Sb,Se,TI,Zn) (EET SEA) Water 245.1 Total Mercury 1 $ 30.00 $ 30.00 Water SM 3500 CR B Chromium, Hexavalent 1 $ 40.00 $ 40.00 Water SM3500 CR B Trivalent Chromium, Calculation requires Cr & CrVI 1 $ 10.00 $ 10.00 Water SM 4500 H+ B pH 1 $ 12.00 $ 12.00 Water SM5210B BOD 1 $ 50.00 $ 50.00 Issued on: 1/3/2024 Page 1 of 11 Leachate TP Compliance Monthly TAT: 21_Days (Calendar Days) Matrix Method Test Description Quantity Unit Extended Price Price Water SM 2540D Solids, Total Suspended 1 $ 20.00 $ 20.00 Water 160.4 Solids, Volatile Suspended 1 $ 20.00 $ 20.00 Water 300.0 Nitrate as N 1 $ 20.00 $ 20.00 Water 350.1 Nitrogen, Ammonia 1 $ 30.00 $ 30.00 Water 625.1 Benzoic Acid, Phenol, A -Terpineol, P -cresol (ELLE) 1 $ 200.00 $ 200.00 Water 353.2 Nitrogen, Nitrate -Nitrite 1 $ 30.00 $ 30.00 Water 351.2 Nitrogen, Total Kjeldahl 1 $ 41.00 $ 41.00 Total Leachate TP Compliance Monthly $ 618.00 Leachate TP Operation Weekly TAT: 21_Days (Calendar Days) Matrix Method Test Description Quantity Unit Extended Price Price Water 350.1 Nitrogen, Ammonia 1 $ 30.00 $ 30.00 Water 365.1 Phosphorus, Total 1 $ 35.00 $ 35.00 Water 365.1 Phosphorus, Ortho 1 $ 35.00 $ 35.00 Water SM5210B BOD 1 $ 50.00 $ 50.00 Water 410.4 COD 1 $ 35.00 $ 35.00 Water 353.2 Nitrogen, Nitrate -Nitrite 1 $ 30.00 $ 30.00 Water SM 2540D Solids, Total Suspended 1 $ 20.00 $ 20.00 Water 160.4 Solids, Volatile Suspended 1 $ 20.00 $ 20.00 Water SM 2320B Alkalinity, Total 1 $ 20.00 $ 20.00 Water 200.7 Rev 4.4 Total Metals (Ca,Mg,Fe,Mn,Zn) 1 $ 55.00 $ 55.00 Water 410.4 COD 1 $ 30.00 $ 30.00 Water 351.2 Nitrogen, Total Kjeldahl 1 $ 41.00 $ 41.00 Total Leachate TP Operation Weekly $ 401.00 Leachate TP Operation Biannual TAT: 21_Days (Calendar Days) Matrix Method Test Description Quantity Unit Extended Price Price Water 624 VOCs, Priority Pollutant List 1 $ 120.00 $ 120.00 Water 625 SVOCs, Priority Pollutant List 1 $ 185.00 $ 185.00 Water 608 OC Pesticides & PCBs, Priority Pollutant List 1 $ 185.00 $ 185.00 Water 9012B Cyanide, Total 1 $ 40.00 $ 40.00 Water 1613B 2,3,7,8-TCDD Only (EET SAC) 1 $ 450.00 $ 450.00 Leachate TP Operation Biannual Issued on: 1/3/2024 TAT: 21_Days (Calendar Days) (to be analyzed by Eurofins Reservoirs Environmental Inc) Page 2 of 11 Leachate TP Operation Biannual TAT: 21_Days (Calendar Days) (to be analyzed by Eurofins Reservoirs Environmental Inc) Matrix Method Test Description Quantity Unit Extended Price Price Water Subcontract Asbestos by EPA Method 100.2 1 $ 180.00 $ 180.00 Total Leachate TP Operation Biannual $ 1,160.00 Quote Other Charges Description Quantity Unit Extended Price Price Safe and Environmentally Responsible Waste Management (per sample) 1 Minimum Total Invoice per analytical receipt (for details see T&Cs) Minimum Tota 0 DoD QSM 5.4 Compliance 0.0% of Total 1 Level IV Report PDF, MyEOL® 0.0% of Total 1 CH2M Hill LabSpec & Excel EDDs, MyEOL® 0.0% of Total 1 Courier Pick Up of Sample/Cooler at Denver Airport (cost per trip) 1 Total Other Charge Total Other Charges Total Analysis Charges Grand Total for Quote 28026011 **Quoted charges do not include sales tax. Applicable sales tax will be added to invoices where required by lmr Issued on: 1/3/2024 $250 $2.50 $ 150.00 $ 0.00 $000 $0.00 $000 $0.00 $000 $0.00 $ 75.00 $ 75.00 $77.50 $ 77.50 $ 3,387.00 $ 3,464.50 Page 3 of 11 PROJECT DETAILS Sample Receiving/HT/TAT Sample Receiving Hours 8 AM to 5 PM, Monday - Friday Samples received at the laboratory after 11 AM are considered received on the following business day (Monday -Friday, no holidays). We will do our best to meet rush samples received after 3 PM, but to ensure success this should be arranged with your PM prior to sample submittal. Eurofins Environment Testing Denver accepts Saturday deliveries via Fed Ex and client drop off every Saturday from 9 AM - 12 PM. If Saturday delivery is not specified with prior to shipment, shipments are held by Fed Ex until Monday. Please note that samples received on Saturday will not be processed until the next business day. Holding Time Eurofins Environment Testing requests that samples be hand delivered the same day of collection or shipped to the laboratory via overnight priority service on the day of collection. For samples received with less than one half the holding time remaining, Eurofins Environment Testing will make our best effort to extract and analyze these samples within the holding time; however, Eurofins Environment Testing will not be held responsible for meeting holding times if samples are received with less than one half the holding time remaining. For methods that require a short holding time (less than 7 days from collection), Eurofins Environment Testing requests prior notification before samples are shipped to the laboratory. Samples that must be analyzed and/or extracted on an expedited basis to meet hold time will incur a surcharge. 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 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 web portal by the end of the day, unless another time has been agreed to in advance. Expedited turnaround time surcharges for analyses on a standard 15 Business Day TAT are: - 10 Business Days TAT= 20% - 7 Business Days TAT = 30% - 5 Business Days TAT = 45% - 4 Business Days TAT = 60% - 3 Business Days TAT = 75% Any expediting request that requires a pre -prep such as TCLP, SPLP, ISM. CA WET, etc. would be billed at different expediting rates, typically 2 days less than requested TAT, based on the above chart. For example, a 5 Business Day rush request for 8270 analysis would incur a 30% surcharge. A 5 Business Day rush request for TCLP 8270 would incur a 60% rush surcharge QSM Technical Specifications Our pricing includes compliance with the most recent version of the DoD/DOE QSM. If awarded this project, Eurofin Environment Testing requests the opportunity to discuss technical details as early as possible, prior to project start-up, and preferably during QAPP development, to ensure a sucessfull project Issued on: 1/3/2024 Page 4 of 11 DoD Subcontracting Notification On December 11, 2019 DoD EDQW and DOE issued a clarification memo to all laboratories and their Accreditation Bodies regarding their requirement to notify and seek approval from clients for any outsourcing of management system activities. DoD and DOE ruled that that activities performed by data review, data processing, project management and IT support personnel when not physically present at the facility where samples are received are considered subcontracting, even when these personnel are employees of our company or location, trained on all applicable company and project -specific procedures and security protocols. By DoD and DOE definition, this includes employees working from home or at other company locations; the company's IT personnel not located in the facility; processing or reviewing data from offsite locations, and utilizing Project Management staff from other company locations or from home. Eurofins, as a global leader in environmental testing, utilizes all of the services described above. This enables us to provide data of the highest quality and integrity while minimizing cost to our clients. We are proudly committed to innovation, technological advancement and ensuring society has the best scientists and minds working to provide data of known and documented quality. All of our offsite services provided conform to the accredited facility's procedures and requirements, as well as the requirements of the QSM. An award for this bid acknowledges our potential internal subcontracting of laboratory project management, data review, IT support, and analysis as identified in this quote. Details - IT - NIST 800-171 For all DoD or NASA projects: Eurofins Environment Testing's IT systems and processes are in compliance with the standards of NIST 800-171, "Protecting Controlled Unclassified Information in Non -Federal Information Systems and Organizations." In order to fully comply with the NIST standard, as of January 1, 2018, Eurofin Environment Testing has revised our data reporting protocol for DoD and NASA projects to ensure a higher level of cybersecurity - an important benefit for both you and Eurofins Environment Testing. Data reports generated under these programs are no longer emailed. Reports will be available via MyEOL®, our 24/7 web based data delivery system. Utilizing MyEOL®, we will notify you via email as soon as your data is available. You can then log on to MyEOL® with your account information and easily download the deliverable you need. This platform provides a much higher level of security than can be achieved through email, and conforms to the NIST requirements. Eurofins TestAmerica Business T&Cs Confidentiality - This quote has been prepared by Eurofins Environment Testing, solely for the use of the customer to whom it is addressed in evaluating Eurofins Environment Testing's qualifications and capabilities in connection with a particular project. The user of this document agrees by its acceptance to return it to Eurofins Environment Testing 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 Environment Testing'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 Environment Testing's Terms and Conditions unless alternative terms have been agreed to in writing. Submittal of samples will indicate acceptance of this quotation. PROJECT SETUP Coolers and Sampling Supplies - Sampling Supplies: Including in the pricing herein, Eurofins Environment Testing will provide sample containers and coolers to support the sampling of water and soil samples. Eurofins Environment Testing expects that all supplies will be returned to the lab. Coolers not Issued on: 1/3/2024 Page 5 of 11 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 $2 per container. Supoly Shipping: The supplies required for the project are based on pricing which assumes they will be delivered via ground transportation. For sites in the contiguous 48 states, 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 markup of Eurofins Environment Testing's cost, plus $30 per cooler. Alternatively, Eurofins Environment Testing can ship the supplies via carrier of choice by the client using the client's shipping account, with only the $30 per cooler fee applied. Projects outside the contiguous 48 states may require additional notice and/or charges. Eurofins Environment Testing does not supply wet ice, blue ice, or gel ice for shipments. 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 PROJECT DELIVERABLES Eurofins Environment Testing will provide two analytical report formats, a final report in PDF format and a standard Eurofins Environment Testing EDD. Both electronic report formats will be delivered via web portal. If additional formats or retroactive deliverables are requested. the costs of report generation will be billable. Charges will be based on labor and materials for the 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 II report. Level III or IV reports are available at an additional charge. EDD Format: Eurofins Environment Testing has many EDD formats available to our clients including the most widely used commercial formats. Other EDD formats are available for a cost per format. The development of EDD formats that are not already available, including modification to existing formats to fit client specific needs, can potentially be provided for a fee. 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 - 70% 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 change the project, communicate changes to laboratory staff, and rework data. Turnaround time will be reset, or 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 - Any samples that are planned to be submitted on hold and not analyzed pending other analysis, or that are going to be requested to be extracted and held need to be arranged and have approval prior to submittal. This process is not standard and cannot be guaranteed to be availabe pending numerous factors, including but not limited to: project size, specific methods, lab analytical capacity, and lab storage capacity. Please contact your PM or the Denver Business Unit Manager to discuss these options if your project requires. If this service is Issued on: 1/3/2024 Page 6 of 11 available and approved, costs are are follows: 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 70% 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. Matrix Spike/Matrix Spike Duplicate (MS/MSD) Samples - When MS/MSDs are not specifically requested, Eurofins Environment Testing will perform the required QC, but will not report QC results specifically requested. The reporting of client requested MS/MSD results will be charged at applicable unit rates. If client MS/MSDs are specifically requested, client must provide additional sample volume. Dilutions - Eurofins Environment Testing strives to analyze samples without dilution or with the minimum dilution required. Samples may require dilution for a variety of reasons, primarily due to matrix and concentration of both target and non -target analytes. 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 Environment Testing 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. Special Sample Handling Fees/Difficult Matrix Surcharge - Unit prices assume that samples are a single-phase matrix and that analyses can be performed in accordance with the laboratory's standard analytical procedures. A Special Handling/Difficult Matrix Surcharge may be applied if additional chemistry/handling is required t analyze or dispose of a given sample above and beyond routine SOP. The amount will be communicated before any testing is performed, but will vary depending on the specifics needed and the suite of testing required Examples 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 Environment Testing 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. Field Parameters - pH, Temperature, Dissolved Oxygen, Sulfite, and Ferrous Iron analyses, along with any other immediate hold time methods, are properly performed and treated in the field at the time of sample collection Laboratory analysis will result in a holding time exceedance qualifier. Network or Subcontract Labs - Networking: Eurofins Environment Testing reserves the right to perform the services at any laboratory in the Eurofins Environment Testing America network. Subcontracting: Eurofins Environment Testing reserves the right to subcontract services ordered by the Client to another laboratory or Issued on: 1/3/2024 Page 7 of 11 laboratories, if, in Eurofins Environment Testing's sole judgment, it is reasonably necessary, appropriate, or advisable to do so Eurofins Environment Testing will make every effort to notify the client prior to delivering samples to an out -of -network laboratory. Eurofins Environment Testing will in no way be liable for any subcontracted services (outside the Eurofins Environment Testing network). Surcharge Due To Sample Quantity - Unless dictated by contract/MSA terms, 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 quoted quantity, a surcharge may be assessed. Taxes - Where reports are issued in or delivered to a state which assesses sales tax on Eurofins Environment Testing'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 Environment Testing. Rev: 6/29/2023 Issued on: 1/3/2024 Page 8 of 11 Analytical Sample Information Analysis Client Sub List Desc Method Matrix Preservative Container Alaska - Diesel Range Organics & Residual Range Organics (GC) 9012B_NP_DOD5 Water AK102_103 Water Hydrochloric Acid Alaska - Gasoline Range Organics (GC) AK101 Water Hydrochloric Acid Alkalinity 200.7 Water 2320B Water None Anions, Ion Chromatography Metals (ICP/MS) COD 300_48HR Water None BOD, 5 Day Issued on: 1/3/2024 Cyanide, Total SM52106_13ODCalc Water None Chromium, Hexavalent Hardness, Calculation 3500_CR_B Water None Chromium, Trivalent Total Mercury SM3500 CR3 B Water Nitric Acid COD 410.4 Water Cyanide, Total and/or Amenable 9012B_NP_DOD5 Water Hardness, Calculation HARD Water Mercury (CVAA) 245.1 Water Metals (ICP) 200.7 Water Metals (ICP) Plastic 500ml - with Nitric 200.7 Water Metals (ICP/MS) COD 6020B_LL_DOD5 Water Metals (ICP/MS) SulfuricAcid Issued on: 1/3/2024 Cyanide, Total Sulfuric Acid Sodium Hydroxide Nitric Acid Nitric Acid Nitric Acid Nitric Acid Nitric Acid Volume Required Holding Time AK TPH-DRO/RRO Amber Glass 1 liter - 2000 mL 14 Days Hydrochloric AK TPH-GRO Voa Vial 40ml - Hydrochloric 120 mL 14 Days Alkalinity, Total Plastic 250ml - unpreserved 50 mL Nitrate as N Plastic 250ml - unpreserved 100 mL BOD Plastic 1 liter - unpreserved 1000 mL Chromium, Hexavalent Plastic 250ml - unpreserved 100 mL Trivalent Chromium, Calculation requires Cr & CrVI Plastic 500ml - with Nitric 150 mL Acid COD Amber Glass 500mL - 500 ml- LSulfuric SulfuricAcid Cyanide, Total Plastic 250ml - with Sodium 250 mL Hydroxide Hardness, Calculation Plastic 500ml - with Nitric 150 mL Acid Total Mercury Plastic 500ml - with Nitric 150 mL Acid Total Calcium & Magnesiun for Hardness Calculation Plastic 500ml - with Nitric 150 mL Acid Total Metals (Ca,Mg,Fe,Mn,Zn) Plastic 500ml - with Nitric 150 mL Acid Total Metals (Ag,As,Ba,Be,Cd,Co,Cr,Cu, Fe,Mn, Ni, Pb,Sb,Se,TI,V,Z n) Plastic 250ml - with Nitric 100 mL Acid Total Metals Iron & Zinc 14 Days 48 Hours 48 Hours 24 Hours 180 Days 28 Days 14 Days 28 Days 180 Days 180 Days 180 Days Page 9 of 11 6020B_DOD5 Water Nitric Acid Plastic 250ml - with Nitric 100 mL 180 Days Acid Metals (ICP/MS) Total Recoverable Metals (Ag,As,Be,Cd,Cr,Cu,Ni, Pb,Sb,Se,TI,Zn) 6020B_LL_DOD5 Water Nitric Acid Plastic 250ml - with Nitric 100 mL 180 Days Acid Nitrogen, Ammonia Nitrogen, Ammonia 350.1 Water Sulfuric Acid Amber Glass 250ml - 50 mL 28 Days Sulfuric Acid Nitrogen, Nitrate -Nitrite Nitrogen, Nitrate -Nitrite 353.2—Pres Water Sulfuric Acid Amber Glass 500mL - 500 mL 28 Days Sulfuric Acid Nitrogen, Total Kjeldahl Nitrogen, Total Kjeldahl 351.2 Water Sulfuric Acid Amber Glass 500mL - 500 mL 28 Days Sulfuric Acid Organochlorine Pesticides/PCBs in Water OC Pesticides & PCBs, Priority Pollutant List 608_DOD5 Water None Amber Glass 1 liter - 2000 mL 7 Days unpreserved pH pH SM4500_H+ Water None Plastic 250ml - unpreserved 100 mL IMMEDIATELY Phosphorus, Ortho Phosphorus, Ortho 365.11—Ortho Water None Plastic 250ml - unpreserved 100 mL 48 Hours Phosphorus, Total Phosphorus, Total 365.1 Water Sulfuric Acid Amber Glass 250ml - 50 mL 28 Days Sulfuric Acid Semivolatile Organic Compounds (GC/MS SIM) PAHs (SIM), Custom List 8270E_SIM_DOD5 Water None Amber Glass 250ml - 500 mL 7 Days unpreserved Semivolatile Organic Compounds (GC/MS) Benzoic Acid, Phenol, A -Terpineol, P -cresol 625.1_PREC Water None Amber Glass 250ml - 325 mL 7 Days unpreserved Semivolatile Organic Compounds (GC/MS) SVOCs, Priority Pollutant List 625—DOD Water None Amber Glass 1 liter - 2000 mL 7 Days unpreserved Solids, Total Dissolved (TDS) Solids, Total Dissolved 2540C_Calcd Water None Plastic 1 liter - unpreserved 200 mL 7 Days Solids, Total Suspended (TSS) Solids, Total Suspended 2540D Water None Plastic 1 liter - unpreserved 500 mL 7 Days Solids, Volatile Suspended (VSS) Solids, Volatile Suspended 160.4_VSS Water None Plastic 250ml - unpreserved 100 mL 7 Days Tetra Chlorinated Dioxins & Furans ID HRGC/HRMS 2,3.7,8 -TCDD Only 1611313—Tetras Water None Amber Glass 1 liter - 2000 mL 1 Year unpreserved Volatile Organic Compounds (GC/MS) VOCs, Custom List 8260D_DOD5 Water Hydrochloric Acid Voa Vial 40ml Hydrochloric 120 mL 14 Days Acid Volatile Organic Compounds (GC/MS) VOCs, Priority Pollutant List Issued on: 1/3/2024 Page 10 of 11 624_5ml_DOD5 Water Hydrochloric Acid Voa Vial 40ml Hydrochloric 120 mL 14 Days Acid 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: 1/3/2024 Page 11 of 11 titi eurofins Environment Testing TESTAMERICA LABORATORIES, INC. TERMS AND CONDITIONS OF SALE (Short Form) When a purchaser ("Client") places an order for laboratory, consulting or sampling services from TestAmenca Laboratories, Inc., d/b/a Eurofins TestAmerica ("ETA"), a Delaware corporation, ETA 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 ETA'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 an ETA 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 ETA 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 ETA 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 ETA 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, ETA will use its best efforts to meet mutually agreed turnaround times. All turnaround times will be calculated from the point in time when ETA 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, ETA reserves its rights to modify its turnaround time commitment. change the date upon which ETA will accept samples, or refuse Sample Delivery Acceptance for the affected samples. 1.3 ETA reserves the right, exercisable at any time, to refuse or revoke Sample Delivery Acceptance for any sample which in the sole judgment of ETA: 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 ETA 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 ETA provides courier services In no event will ETA have any responsibility or liability for the action or inaction of any carrier shipping or delivering any sample to or from ETA's premises Client is responsible for assuring that any sample that contains or may contain any hazardous substance to be delivered to ETA's premises is properly packaged, labeled, transported and delivered, all in accordance with applicable laws. 1.5 ETA reserves the right to begin processing samples upon receipt, unless the Client specifically notifies ETA 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. ETA 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. PAYMENTTERMS 2.1 Services performed by ETA 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 ETA. For clients with approved credit, payment terms are net 30 days from the date of invoice by ETA, 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, ETA 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 ETA 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 ETA after Sample Delivery Acceptance due to any condition which conflicts with analytical, QA or other protocols warranted in these Terms and Conditions. ETA 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 32 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. ETA'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 Client upon thirty (30) days written notice to ETA. ETA will be compensated consistent with Section 2 of these Terms and Conditions. ETA will complete all work in progress and be paid in full for all work completed, including all costs incurred and reasonable profit margin, even if ETA does not issue a final or partial report. 4. WARRANTIES AND LIABILITY 4 1 Where applicable, ETA will use appropriate and approved analytical test methods ETA has referenced these methods in its Laboratory Quality Manuals and has documented them in Standard Operating Procedures. ETA 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 ETA's Laboratory Quality Manuals. Client may request that ETA perform according to a mutually agreed Quality Assurance Project Plan (QAPP). If samples arrive prior to agreement on a QAPP, ETA will proceed with analyses under its standard Quality Manuals then in effect. ETA will not be responsible for any resampling or other charges if work must be repeated to comply with a subsequently finalized QAPP. 42 ETA 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, © 2022, Eurofins TestAmerica Inc, All Rights Reserved Std TC -1 (v11), Page 1 of 3 titi eurofins unless the Client has specifically requested that ETA 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, ETA will use its best efforts to meet holding times and will proceed with the work provided that, in ETA's judgment, the chain -of - custody or definition of the Scope of Work provide sufficient guidance. Reanalysis of samples to comply with ETA'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 ETA 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 ETA prior to Sample Delivery Acceptance ETA 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 ETA in connection with any services performed by ETA or any results generated from such services, and ETA gives and makes NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. No representative of ETA 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 ETA will be limited to repeating any services performed, contingent on the Client's providing, at the request of ETA 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, ETA'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 ETA'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 ETA's completion of the services. Under no circumstances, whether arising in contract, tort (including negligence), or otherwise, shall ETA 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 ETA have any responsibility or liability to the Client for any failure or delay in performance by ETA that results, directly or indirectly, in whole or in part, from any cause or circumstance beyond the reasonable control of ETA. 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 ETA's reasonable control. S. RESULTS, WORK PRODUCT 5.1 Data or information provided to ETA or generated by services performed under this agreement shall only become the property of the Client upon receipt in full by ETA of payment for the entire order. Ownership of any analytical method, QA/QC protocols, software programs or equipment developed by ETA for performance of work will be retained by ETA. Client shall not disclose such information to any third party without ETA's express prior consent. 5 2 Data and sample materials provided by Client or at Client's request, and the result obtained by ETA shall be held in confidence Environment Testing (unless such information is generally available to the public or is in the public domain or Client has failed to pay ETA 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 ETA 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 ETA's right to independently defend its data. 5.4 ETA reserves the right to perform the services at any laboratory in the ETA network. If a Client has requested a particular location for the work, ETA will inform the Client when operational constraints require the work to be performed at another ETA location. In addition. ETA reserves the right to subcontract services ordered by the Client to another laboratory or laboratories, if, in ETA's sole judgment, it is reasonably necessary, appropriate or advisable to do so. ETA will in no way be liable for any subcontracted services (outside the ETA network) except for work performed at laboratories which have been audited and approved by ETA 5 5 ETA 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. ETA reserves the right to return to the Client any sample or unused portion of a sample that is not within ETA's permitted capability or the capabilities of ETA'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. 56 Unless a different time period is agreed to in an order under these Terms and Conditions, ETA agrees to retain all records for five (5) years. 5.7 If ETA is required to respond to legal process related to services for Client. Client agrees to reimburse ETA 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 ETA's current published rates. 6. INSURANCE 6.1 During the performance of services under these Terms and Conditions, ETA shall maintain in force Workers' Compensation and Employer's Liability Insurance in accordance with the laws of the states having jurisdiction over ETA's employees who are engaged in the performance of the work. ETA 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 $1,000,000 per claim/aggregate). 7. MISCELLANEOUS PROVISIONS 71 These Terms and Conditions, together with any additions or revisions which may be agreed to in writing by ETA, embody the whole agreement of the parties and provide the only remedies available. There are no promises terms conditions, understandings, obligations or 2022, Eurorns TestAmerrca Inc„ All Rights Reserved Std TC -1 (v11), Page 2 of 3 titi eurofins Environment Testing 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 ETA. 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 ETA'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 2022, Eurofins TestAmerica Inc„ All Rights Reserved Std TC -1 (v11), Page 3 of 3 etamc- N ww Kodiak Island Borough Facilities Landfill Analytical Services Contract Request For Bid — Appendix A Kodiak Island Borough Facilities Landfill Analytical Services Agreement AGREEMENT FOR ANALYTICAL LABORATORY SERVICES This Agreement is executed this 10 ` _ day of , 202(�_ by and between the Kodiak Island Borough (hereinafter referred to as the "Borough") and TestAmerica Laboratories, Inc. (hereinafter referred to as the "LAB"). 1.0 CONTRACT DOCUMENTS The following documents are fully set forth herein: Bid Documents for Analytical Laboratory Services, including attachments, submitted. 2.0 SERVICES During the term of this Agreement, and subject to the conditions herein set forth, whenever it is mutually determined as desirable or necessary, the Borough may call up to perform specific laboratory services. In each instance a separate document will be prepared, each being separately subject to the terms and conditions of this Agreement. Said document will define (1) Scope of Services to be performed, (2) Proposed Schedule of Services, and (3) Estimated Cost of Services. Such documents will be mutually agreed upon by the Borough and LAB, subject to the terms and conditions of this Agreement, and will be executed by an authorized representative of each party. Any terms or conditions of any purchase or work order submitted hereunder, which is contrary to the terms of this Agreement, shall be void and of no force and effect. 3.0 WARRANTY Recognizing that the nature of many samples is unknown and that some may contain potentially hazardous components, LAB warrants only that it will perform testing services, obtain findings and prepare reports in accordance with generally accepted analytical laboratory principles and practices at the time of performance of services and in accordance with the LAB Quality Assurance Manual. LAB makes no other warranty, express or implied. At LAB's sole discretion, preliminary results may be given in advance of the laboratory report. Such preliminary results are tentative, subject to confirmation and final review by LAB. The Borough's use of preliminary results in any manner shall be at the Borough's sole risk. 4.0 SCOPE AND COMPENSATION LAB agrees to perform the services outlined in the Bid Documents, dated OCT 2019 Unless the parties agree in writing to the contrary, the duties of LAB shall not be construed to exceed the services specifically described. Payment terms are net 30 days from the date of receipt of invoice. All overdue payments are subject to an interest charge of one and one-half percent (1Y:%) per month or a portion thereof. 5.0 PRICES Compensation for services performed will be as quoted by LAB in the Bid Schedule. Kodiak Island Borough Facilities Landfill Analytical Services Contract Request For Bid — Appendix A Kodiak Island Borough Facilities Landfill Analytical Services Agreement 6.0 BILLING INSTRUCTIONS The LAB shall submit to the Borough at the end of each month invoices for the analytical services provided during that month. Invoices for that month will not be paid if not received by the Borough within thirty (30) calendar days from the end of the month for which analytical services was performed. The LAB shall submit invoices for services performed to: Kodiak Island Borough Engineering/Facilities Department 710 Mill Bay Road Kodiak, AK 99615 Payment will be made based upon the unit costs as bid and attached as Bid Schedule/Exhibit A of this document. The Borough will issue payment to LAB within thirty (30) days of receipt of invoice and all required supporting documentation. 7.0 METHODS Where applicable, LAB will use analytical methodologies which are in substantial conformity with the U.S. Environmental Protection Agency (EPA) as outlined in the Bid Documents. LAB reserves the right to deviate from these methodologies, if necessary or appropriate, due to the nature or composition of the sample or otherwise, based on the reasonable judgment of IAB and in accordance with LAB's Quality Assurance Manual. Deviation, if any, will be made on a basis consistent with recognized standards of the industry and/or LAB's standard operating procedures. All deviations from analytical methodologies specified in the Bid Documents shall be reported to the Borough. 8.0 LIMITATION OF LIABILITY Except as may be stated in the Bid Documents or this contract, in the event of any error, omission or other professional negligence, the sole and exclusive responsibility of IAB shall be to reperform the deficient work at its own expense, which expense shall include the costs of obtaining and transporting the replacement sample if LAB has lost or spoiled the sample due to error, omission, or other professional negligence, and LAB shall have no other liability whatsoever. All claims shall be deemed waived unless made in writing and received by LAB within ninety (90) days following completion of services. Notwithstanding anything to the contrary elsewhere stated in this Agreement, LAB's maximum liability under this Agreement or any other attachments hereto whether based in contract, tort, warranty, negligence or otherwise shall not exceed $3,000,000. LAB shall have no liability, obligation or responsibility for any kind for losses, costs, expenses or other damages (including but not limited to any special, indirect, incidental or consequential damages) with respect to LAB's services or results, except as may be stated in the Bid Documents or this section 8.0. All results provided by LAB are strictly for the use of the Borough, and LAB is in no way responsible for the use of such results by clients or third parties. All results should be Kodiak Island Borough Facilities Landfill Analytical Services Contract Request For Bid — Appendix A Kodiak Island Borough Facilities Landfill Analytical Services Agreement considered in their entirety, and LAB is not responsible for the separation, detachment, or other use of any portion of the results. 9.0 HAZARD DISCLOSURE The Borough represents and warrants that any sample delivered to LAB will be preceded or accompanied by complete written disclosure of the presence of any hazardous substances known or suspected by the Borough. The Borough further warrants that any sample containing any hazardous substance, which is to be delivered to LAB, will be packaged, labeled, transported and delivered properly in accordance with applicable laws. 10.0 LEGAL RESPONSIBILITY LAB is solely responsible for performance of this contract, and no affiliated company, director, officer, employee or agent shall have any legal responsibility hereunder, whether in contract or tort, including negligence. 19.0 TERMS OF AG REEM ENTITERMI NATION The Kodiak Island Borough anticipates entering into a four (4) year contract with two (2) one year (1) extensions. This Agreement may be terminated by the Borough at any time. if this Agreement is terminated, the Borough will pay company for services performed to the date LAB receives notice of termination. The obligations of the parties to indemnify and the limitations on liability set forth in this Agreement shall survive the expiration or termination of this Agreement. 12.0 CONTRACT EXTENSION Unless otherwise provided in the Contract Documents, the Borough and the Contractor agree: A. That any holding over of the Contract beyond any exercised renewal options will be considered a "month-to-month" extension. All terms and conditions as set forth in this Contract shall remain in full force and effect; B. Each party shall provide the other party with notice of intent to cancel such "month-to- month" extensions at least thirty (30) days prior to the desired date of cancellation, and C. The exercising of any renewal options to this Contract will be at the discretion of the Borough Manager. 13.0 LAWS AND REGULATIONS Both parties will be entitled to regard all applicable laws, rules, regulations and orders issued by any federal, state, regional or local regulatory body as valid and may act in accordance therewith until such time as the same may be modified or superseded by such regulatory body or invalidated by final judgment in a court of competent jurisdiction, unless prior to such final judicial determination, the effectiveness of such law, rule or regulation has been stayed by an appropriate judicial or administrative body having jurisdiction. Kodiak Island Borough Facilities Landfill Analytical Services Contract Request For Bid—Appendix A Kodiak Island Borough Facilities Landfill Analytical Services Agreement 14.0 ASSIGNMENT Neither party to this Agreement may delegate, assign or otherwise transfer its rights and interests or duties and obligations under this Agreement without the prior written consent of the other party. 15.0 ATTORNEYS' FEES AND COSTS If any action or proceeding is commenced to enforce or interpret any of the terms or conditions of this Agreement or the performance thereof, including the collection of any payments due hereunder, the prevailing party will be entitled to recover all reasonable attorneys' fees and court costs. If LAB is requested to respond to any mandatory orders for the production of documents or witnesses on the Borough's behalf regarding work performed by LAB, the Borough agrees to pay all costs and expenses incurred by LAB not reimbursed by others in responding to such order, including attomeys' fees, staff time at current billing rates and reproduction expenses. 16.0 GOVERNING LAW This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Alaska, unless otherwise agreed to in writing by the parties. 17.0 SEVERABILITY Any provision of this Agreement held in violation of any law will be deemed stricken, and all remaining provisions shall continue valid and binding upon the parties. The parties will attempt in good faith to replace any invalid or unenforceable provision(s) of this Agreement with provisions which are valid and enforceable and which come as close as possible to expressing the intention of the original provisions. 18.0 DATA DELIVERABLES LAB will provide data deliverables as outlined in the Bid Documents. 19.0 FORCE MAJEURE IAB shall have no responsibility or liability to the Borough for any failure or delay in performance by LAB which results in whole or in part from any cause or circumstance beyond the reasonable control of LAB. Such causes and circumstances shall include, but not be limited to, acts of God, acts of the Borough, acts or orders of any government authority, strikes or other labor disputes, natural disasters, wars, civil disturbances, or any other cause beyond LAB's reasonable control. IAB accepts all responsibility and liability for samples sent by it to another location. 20.0 ENTIRE AGREEMENT This Agreement, consisting of the Service Agreement, General Terms and Conditions, and any Attachments thereto, constitutes the entire agreement between the Borough and LAB. It Kodiak Island Borough Facilities Landfill Analytical Services Contract Request For Bid — Appendix A Kodiak Island Borough Facilities Landfill Analytical Services Agreement supersedes any and all prior written or oral agreements, negotiations, or proposals, or contemporaneous communications with respect to the subject matter hereof, and has not been induced by any representations, statements, or agreements other than those herein expressed. No amendment to this Agreement hereafter made between the parties will be binding on either party unless reduced to writing and signed by authorized representatives of both parties. The parties hereto have read this Agreement and accept all of its terms and conditions subject to those modifications, if any, which are typed or handwritten on the Agreement or attached and incorporated herein and which have been initialed by all contracting parties. Kodiak Island Borough Facilities Landfill Analytical Services Contract Request For Bld — Appendix A Kodiak Island Borough Facilities Landfill Analytical Services Agreement AGREEMENT FOR ANALYTICAL LABORATORY SERVICES This Agreement is executed this )0 -NA day of Ikk , 20 by and between the Kodiak Island Borough (hereinafter referred to as the 'Borough") and TestAmerica Laboratories, Inc. (hereinafter referred to as the "LAB"). KODIAK ISLAND UGH By: Michael llowers Borough Manager Date: By: , - o-,, David Conrad, Director Engineering/Facilities Department Date: 2 1. 2-c=> Date: Tara Welinsky Borouah Clerk %4;000-.1 v O w �4SKA �° CONTRA TOR: / A / By: _06eeW 47__qo1;jV-V Owner TestAmedca Laboratories, Inc. Date: a Za— O