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FY2026-69 Analytical Services with Eurofins with Eurofins TestAmericaKODIAK ISLAND BOROUGH PROFESSIONAL SERVICES AGREEMENT Analytical Services with Eurofins FY2026-69 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9341 Professional Services Agreement with Test America dba Eurofins for Analytical Services (Except WET Testing) This AGREEMENT, made and entered into June 1, 2026, by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to as the 'Borough" and TestAmerica Laboratories, Inc. dba Eurofins TestAmerica a Delaware corporation authorized to do business in Alaska, with offices located at Eurofins Denver, 4955 Yarrow St., Arvada, CO 80002 hereinafter referred to as `Eurofins" or the "Consultant." WITNESSETH WHEREAS, the Borough wishes to enter into an agreement with an independent consultant to Analytical Services (except WET Testing) and, WHEREAS, Eurofins submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — Eurofins Quote 28031310 dated May 26, 2026. 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the Borough in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 'Borough" shall all mean the Kodiak Island Borough, Alaska. 1.4 "Contracting Officer" shall mean the Borough Manager and include any successor or authorized representative. 1.5 "Project" shall mean the Analytical Services (except WET Testing); 2.0 TERM OF AGREEMENT, This Agreement shall take effect upon June 30, 2026, and remain in full effect until June 30, 2028, a two year period. 3.0 FEES, For Analytical Services (except WET Testing) as described in 4.0 Scope of Services, the Borough will compensate the Contractor an amount not to exceed $25,000, per contract year, and as stipulated on Exhibit A, outlined below: • Beginning January 1, 2027, the fees outlined on Exhibit A will increase by 3% • Beginning January 1, 2028, Eurofins will provide a proposed update to the fees based on the market conditions. The Borough will review and if approved will issue a change order per section 26 of this agreement. Contract FY2026-69 Page 2 of 9 4.0 SCOPE OF SERVICES. The Borough and Consultant have agreed upon a scope of work described in the Consultant's proposal, Exhibit A, to provide professional services based on approved standards and instructions, as specifically described in Exhibit A. This Scope of Services can only be changed in writing pursuant to Section 31.0 of this Agreement. 5.0 INITIATION OF SERVICES. The Borough shall provide one -week advance notice of the sample delivery schedule, or any changes to the schedule, whenever possible. Upon timely delivery of samples, Consultant will use its best efforts to meet mutually agreed -upon turnaround times. All turnaround times will be calculated from the date of Sample Delivery Acceptance. Sample Delivery Acceptance is the point in time when Consultant 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. Consultant reserves the right, exercisable at any time, to refuse or revoke Sample Delivery Acceptance for any sample which in the sole judgment of Consultant: 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 in the sample of any hazardous substance and whether or not such presence has been disclosed to Consultant by the Borough; or c) holding times cannot be met, due to the passage of more than Forty -Eight (48) hours from the time of sampling, or one half the holding time for the test, whichever is less. In addition, Sample Delivery Acceptance is contingent upon the resolution of inconsistencies in the Sample Chain of Custody forms, breakage, receipt of sufficient documentation and project guidance regarding work to be done. Upon changes in the sample delivery schedule by the Borough, prior to Sample Delivery Acceptance, Consultant reserves the right to modify its turnaround time commitment, to change the date upon which Consultant will accept samples or refuse Sample Delivery Acceptance for the affected samples. Rush turnaround times not requested in advance of the delivery of samples and specifically agreed to by Consultant are not guaranteed. Prior to Sample Delivery Acceptance, the entire risk of loss or damage to samples remains with the Borough, except where Consultant provides courier services. In no event will Consultant have any responsibility or liability for the action or inaction of any carrier shipping or delivering any sample to or from Consultant's premises. The Borough is responsible for assuring that any sample that contains or may contain any hazardous substance to be delivered to Consultant's premises is properly packaged, labeled, transported, and delivered, all in accordance with applicable laws. 6.0 PAYMENT TERMS. Services performed by Eurofins 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. Invoices may be submitted to the Borough upon completion of any sample delivery group. Billing corrections must be requested within 30 days of invoice date. Payment terms are net 30 days from the date of invoice by Eurofins. 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 Borough. 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. Contract FY2026-69 Page 3 of 9 If the Borough fails to make timely payment of its invoices, Eurofins reserves the right to pursue all appropriate remedies, including withdrawing certifications, suspending work, and withholding delivery of data under this order without recourse. The Borough shall be responsible for all reasonable fees, expenses, and costs of collection including but not limited to arbitrator's and attorney's fees. Eurofins reserves the right to refuse to proceed with work at any time based upon an unfavorable Borough credit report. 7.0 SCHEDULE FOR COMPLETION. Reserved. 8.0 PERSONNEL/ORGANIZATION 8.1 Key Personnel. Work and services provided by the Consultant will be performed by: As specified in Exhibit A. 8.2 Changes in Key Personnel. The Consultant shall give the Borough reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 9.0 STANDARD OF PERFORMANCE, The Consultant agrees to provide all required professional services to complete the project and any additions or changes thereto. The Consultant accepts the relationship of trust and confidence established between it and the Borough by this Agreement. The Consultant covenants with the Borough to furnish its best skill and judgment, and to further the interest of the Borough at all times through efficient business administration and management. The Consultant shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Consultant agrees to adhere to the standards of the applicable profession. 10.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Consultant's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the Borough. 11.0 COMPLIANCE WITH LAWS. The Consultant shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Consultant, the Borough, or the service which may be in effect now or during performance of the services. 12.0 INDEMNITY. The Consultant shall indemnify, defend, and hold harmless the Borough from and against any claim of, or liability for, negligent acts, errors, and omissions of the Consultant under this agreement, including attorney fees and costs. The consultant is not required to indemnify, defend, or hold harmless the Borough for a claim of, or liability for, the independent negligent acts, errors, and omissions of the Borough. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Consultant and the Borough, the indemnification, defense, and hold harmless obligation of the Consultant, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Consultant" and "Borough" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough" means negligence other than in the Borough's selection, administration, monitoring, or controlling of the Consultant, or in approving or accepting the Consultant's work or the Consultant's subcontractors. Contract FY2026-69 Page 4 of 9 The Borough shall defend, indemnify and hold harmless the Consultant, its Affiliates, and their respective employees, officers, directors, shareholders, agents, representatives, successors and assigns, from and against any Borough and all third party claims, liabilities, costs, damages, suits actions, debts, charges and expenses (including reasonable attorneys' fees, court costs and any amounts paid in settlement) resulting from or related to the Borough's negligence or willful misconduct. This indemnification liability will be reduced to the extent the Consultant's negligence or breach contributed to or enlarged such third -party claim, unless such negligence or breach has already been compensated by the award of damages to the Borough for the Consultant's breach of this Agreement. 13.0 LIMITATION OF LIABILITY. The Consultant's liability for any and all causes of action arising hereunder, whether based in contract, tort, warranty, negligence, indemnification obligations, or otherwise, shall not exceed Five Hundred Thousand dollars ($500,000.00). All claims, including those for negligence, shall be deemed waived unless suit thereon is filed within one (1) year after the Consultant's completion of the services. Under no circumstances, whether arising in contract, tort (including negligence), indemnification obligations, or otherwise, shall the Consultant 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. 14.0 AFFILIATE LIABILITY. In no event shall a Party or any of its Affiliates be jointly and severally liable with one another in any respect, and a Party and its Affiliates shall not be deemed to have any obligation with respect to one another's performance or non-performance of any obligation. For purposes of the foregoing, "Affiliate" shall mean, with respect to the party in question, any corporation or other business entity directly or indirectly controlled by, controlling, or under common control with such party. The term "control" (including, with correlative meaning, the terms "controlled by," "controlling" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a party, whether through the ownership of voting securities, by contract or otherwise, or such other relationship as, in fact, constitutes actual control. 15.0 INSURANCE. The Consultant understands that no Borough insurance coverage, including Workers' Compensation, is extended to the Consultant while completing the services described in this Agreement. The Consultant shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Consultant shall not commence work under this Agreement or any work on any phase of the Project until the Consultant provides the Borough with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough is an additional insured thereunder as respects to general liability arising out of or from the work performed by Consultant of Borough. b. Borough will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against Borough and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the Borough. Upon request, Consultant shall permit the Borough to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Consultant, for account of, and at the sole risk of the Consultant. Contract FY2026-69 Page 5 of 9 The minimum amounts and types of insurance provided by the Consultant shall be as set forth in Exhibit B, subject to revision at the Borough's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 16.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 17.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Consultant for services hereunder include full compensation for all work products and other materials produced by the Consultant and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Consultant or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough upon receipt in full by Consultant of payment for the work , whether delivered or not, and shall, together with any materials furnished the Consultant and its employees, agents, or representatives by the Borough hereunder, be delivered to the Borough upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Consultant included in this project will remain property of the Consultant. Copies will be made available to the Borough upon request. Materials purchased from and copyrighted by third parties are not included in this provision. The Consultant's analytical methods, instruments, techniques, laboratory information management system, QA/QC protocols and program plans, scientific procedures and know how are proprietary and belong solely to the Consultant whether or not developed, modified or amended in the course of services to the Borough. The Borough shall not disclose such information to any third party without the Consultant's express prior consent. 18.0 PATENTS. TRADEMARKS. AND COPYRIGHTS, The Consultant agrees to defend, indemnify, and save the Borough harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Consultant or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Consultant, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 19.0 NONWAIVER. No failure of the Borough or Consultant to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 20.0 SAFETY/PERFORMANCE, The Consultant shall perform the work in a safe and workmanlike manner. The Consultant shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. Contract FY2026-69 Page 6 of 9 21.0 SUSPENSION OR TERMINATION. 21.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other parry fails substantially to perform in accordance with its terms. If the Borough terminates this Agreement it will pay the Consultant a sum equal to the percentage of work completed and accepted by the Borough that can be substantiated by the Consultant and the Borough, offset by any amounts owed to the Borough. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 22.2 Convenience Suspension or Termination. The Borough may at any time upon thirty (30) days prior written notice, or such notice as may be reasonably practicable under the circumstances, terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Consultant will be compensated for all authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension, including all reasonable costs incurred. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Consultant can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Consultant without further compensation. 22.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the Borough or its Representative, the Consultant shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the Borough (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Borough's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 23.0 EQUAL EMPLOYMENT OPPORTUNITY. The Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Consultant shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 24.0 NO ASSIGNMENT OR DELEGATION. The Consultant may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 25.0 INDEPENDENT CONSULTANT, The Consultant shall be an independent Consultant in the performance of the work under this Agreement, and shall not be an employee or agent of the Borough. Contract FY2026-69 Page 7 of 9 26.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Consultant shall pay all federal, state and local taxes incurred by the Consultant and shall require their payment by any other persons in the performance of this Agreement. 27.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Consultant. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 28.0 ENTIRE AGREEMENT, This Agreement contains the entire agreement between the parties as to the services to be rendered by the Consultant. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 29.0 COMPLETION OF WORK, TERM OF AGREEMENT, The Consultant shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 30.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or Kodiak, Alaska. 31.0 CHANGES IN SCOPE OF WORK, 31.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Consultant do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Consultant, will be done at the sole expense of the Consultant. 31.2 Changes in Scope of Work. The Borough or its representative may, at any time, by a written Change Order delivered to the Consultant, make changes to the scope of work, or authorize additional work outside the scope of work. 31.3 Compensation to the Consultant. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 31.4 Any claim by the Consultant for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Consultant of the notification of change; provided, however, that the Borough or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. Contract FY2026-69 Page 8 of 9 32.1 At no time will any provision of this Agreement make the Borough or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly and obligated for expenditure for purposes of this Agreement. 32.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Consultant to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 32.3 Nothing in this Section shall affect the right of the Borough under Section 17 to terminate this Agreement. 33.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 34.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: Kodiak Island Borough Attn: Borough Manager 710 Mill Bay Road, Room 125 Kodiak, Alaska 99615 TestAmerica Laboratories, Inc. d/b/a Eurofins Test America 4955 Yarrow Street Arvada, CO 80002 IN WITNESS WHEREOF, the parties have executed this Agreement. Kodiak Islan Borough Signe vV By: Aimee Williams Title: Borough Manager Date: ATTEST: Borough Clerk Contract FY2026-69 Page 9 of 9 TestAmerica Laboratories, Inc. Signed: if�� ii� �iiiiiii// By. Anthony Grimaldi Title: Business Unit Manager Date: 6/162026 AN q �O O C Y G1 M .. Quote Number 28031310 - 0 Water (Non -Potable) TAT: 15_Days (Business Days) Matrix Method Test Description Quantity Unit Extended Price Price Water SM 4500 H+ B pH 1 $ 15.00 $ 15.00 Water SM 2540C Solids, Total Dissolved 1 $ 25.00 $ 25.00 Water SM 2540D Solids, Total Suspended 1 $ 25.00 $ 25.00 Water 160.4 Total Volatile Suspended Solids, Requires TSS - Not DOD 1 $ 21.00 $ 21.00 ELAP Certified Water SM 2320B Alkalinity, Total 1 $ 25.00 $ 25.00 Water SM 2340B Hardness, calculation only requires Ca & Mg, 1of2 1 $ 15.00 $ 15.00 Water 200.7 Total Calcium & Magnesium for Calculation, 2of2 1 $ 35.00 $ 35.00 Water 350.1 Ammonia as N 1 $ 35.00 $ 35.00 Water 353.2 Nitrate -Nitrite as N 1 $ 32.00 $ 32.00 Water 300.0 Nitrate and Nitrite 1 $ 46.00 $ 46.00 Water 351.2 Nitrogen, Total Kjeldahl 1 $ 45.00 $ 45.00 Water 365.1 Total Phosphorus as PO4 1 $ 40.00 $ 40.00 Water 365.1 Orthophosphate as P, Field Filtered 1 $ 32.00 $ 32.00 Water SM5210B BOD, 5 Day 1 $ 55.00 $ 55.00 Water 410.4 COD 1 $ 40.00 $ 40.00 Water 410.4 COD, Field Filtered 1 $ 40.00 $ 40.00 Water 200.8 Total Metals, 19 Specific Analytes 1 $ 152.00 $ 152.00 Water 200.8 Total Metals, 12 Specific Analytes 1 $ 120.00 $ 120.00 Water 245.1 Total Mercury 1 $ 31.50 $ 31.50 Water SM 3500 CR B Hexavalent Chromium 1 $ 42.00 $ 42.00 Water 624.1 VOC, PP List (Non DOD, 3 day HT) 1 $ 126.00 $ 126.00 Water 625.1 SVOCs, PP List (Non DOD) 1 $ 194.25 $ 194.25 Water 608.3 OC Pesticides & PCB, PP List (Non DOD) 1 $ 194.25 $ 194.25 Water 8260D VOCs, Standard List 1 $ 126.00 $ 126.00 Water 8270E SVOCs, Standard List 1 $ 194.25 $ 194.25 Water 8270E SIM PAHs, Custom List 1 $ 152.25 $ 152.25 Water (Non -Potable) TAT: 15_Days (Business Days) (to be analyzed by Eurofins Lancaster Laboratories Environment Testing, LLC) Matrix Method Test Description Quantity Unit Extended Price Price Water AK101 AK TPH-GRO 1 $ 68.25 $ 68.25 Water AK102 & 103 AK TPH-DRO & RRO 1 $ 99.75 $ 99.75 Water 1613E 2,3,7,8-TCDD 1 $ 472.50 $ 472.50 Water (Non -Potable) TAT: 15_Days (Business Days) (to be analyzed by Eurofins CEI Inc) Matrix Method Test Description Quantity Unit Extended Price Price Water Subcontract Asbestos by EPA Method 100.2 1 $ 205.00 $ 205.00 Issued on: 5/26/2026 Page 1 of 9 Quote Number.• 28031310 - 0 Total Water (Non -Potable) $ 2,704.00 Quote Other Charges Description Quantity Unit Extended Price Price Safe and Environmentally Responsible Waste Management (per sample) 1 $ 2.50 $ 2.50 Minimum Total Invoice per analytical receipt (for details see T&Cs) Minimum Tota 0 $ 150.00 $ 0.00 DoD QSM 6.0 Compliance 0.0% of Total 1 $ 0.00 $ 0.00 Level IV Report PDF, MyEOL® 0.0% of Total 1 $ 0.00 $ 0.00 Excel & LabSpec7 EDDs, MyEOL® 0.0% of Total 1 $ 0.00 $ 0.00 If requested, Lab Produced DI Water (cost/Liter) 0 $ 12.00 $ 0.00 Total Other Charge $2.50 Total Other Charges $ 2.50 Total Analysis Charges $ 2,704.00 Grand Total for Quote 28031310 $ 2,706.50 "Quoted charges do not include sales tax. Applicable sales tax will be added to invoices where required by law. Issued on: 5/26/2026 Page 2 of 9 Quote MkOer.• 28031310 - 0 PROJECT DETAILS Clarifications and Exceptions Escalation Rate Note: The pricing within this quote will remain fixed throughout 2026. Beginning in 2027, unit rates will increase by 3%. If the project extends into 2028, updated pricing will be required to reflect current market conditions. Eurofins Denver offers their laboratory standard analyte list and reporting limits. An export file in excel containing this information is provided with this proposal. Certification: The Denver and Lancaster laboratories hold DOD ELAP and State of Alaska certification. Note that TVSS by 160.4 is not certified under our DOD ELAP or Alaska certifications. Methods and/or analytes that are not certified under DoD ELAP will not follow the DoD QSM compliance and will only be reported with standard Level 2 PDF report. Shipping of Sample Kits to Alaska and Sample Return Shipping: Eurofins Denver will ship sample kits and coolers to Fairbanks or Anchorage, AK location only. Eurofins will not be responsible for shipping to remote locations in Alaska. In addition, client is responsible for the cost of sample return shipment from the site to the Denver laboratory. MS/MSD: Batch MS/MSD (matrix spikes, spike duplicates) is included as applicable per method. Project site -specific matrix QC (matrix spikes, spike duplicates) is billable separately at unit cost each. The client must provide additional sample volume for the designated sample requested for MS/MSD and noted as such on the chain of custody. Field Duplicate, Equipment Blank, Field Blank and Trip Blank are billable at unit cost. Sample Receiving/HT/TAT Sample Receivinq Hours 8 AM to 5 PM, Monday - Friday Samples received at the laboratory after 12 PM are considered received on the following business day, which becomes day 0 for TAT purposes. Eurofins Environment Testing Denver accepts Saturday deliveries via Fed Ex and client drop off every Saturday from 9AM - 12 PM. If Saturday delivery is not specified 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). The next business day following receipt is day 1. For samples received on Saturday , Day 0 is Monday and Day 1 is Tuesday. Issued on: 5/26/2026 Page 3 of 9 Quote Number 28031310 - 0 Samples received after 12 PM 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. Not all methods are offered on a rush. The standard turnaround (TAT) quoted for standard matrices and methods is 15 Business -Days. Expedited turnaround time surcharges for analyses on a standard 15 Business -Day TAT are: - 10 Business Days TAT = 10% - 7 Business Days TAT = 25% - 5 Business Days TAT = 50% 3 Business Days TAT = 75% - 2 Business Days TAT = 100% 1 Business Days TAT = 150% 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, Eurofins TestAmerica Laboratories 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. 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 Issued on: 5/26/2026 Page 4 of 9 Quote Number 28031310 - 0 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 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. Supply 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, Issued on: 5/26/2026 Page 5 of 9 Quote Number 28031310 - 0 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 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. Issued on: 5/26/2026 Page 6 of 9 Quote Number 28031310 - 0 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 to 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 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: 5/26/2026 Page 7 of 9 Quote Number 28031310 - 0 Analytical Sample Information Analysis Client Sub List Desc Method Matrix Preservative Container Volume Required Holding Time Alaska - Diesel Range Organics & Residual Range Organics AK TPH-DRO & RRO (GC) AK102_103_DOD6 Water Hydrochloric Acid Amber Glass 250mL - 500 mL 7 Days hydrochloric acid Alaska - Gasoline Range Organics (GC) AK TPH-GRO AK101_DOD6 Water Hydrochloric Acid Voa Vial 40mL Amber - 120 mL 14 Days Hydrochloric Acid Alkalinity Alkalinity, Total 2320B_DOD6 Water None Plastic 250ml - unpreserved 50 mL 14 Days Anions, Ion Chromatography Nitrate and Nitrite 300_48HR_DOD6 Water None Plastic 250ml - unpreserved 100 mL 48 Hours BOD, 5 Day BOD, 5 Day 5210B_BODCaIcD6 Water None Plastic 1 liter - unpreserved 1000 mL 48 Hours COD COD 410.4_DOD6 Water Sulfuric Acid Amber Glass 500mL - 500 mL 28 Days Sulfuric Acid COD COD, Field Filtered 410.4_DOD6 Water Sulfuric Acid Amber Glass 500mL - 500 mL 28 Days Sulfuric Acid Hardness, Calculation Hardness, calculation only requires Ca & Mg, 1of2 HARD Water Nitric Acid Plastic 500ml - with Nitric 150 mL Acid Mercury (CVAA) Total Mercury 245.1_DOD6 Water Nitric Acid Plastic 500ml - with Nitric 150 mL 28 Days Acid Metals (ICP) Total Calcium & Magnesium for Calculation, 2of2 200.7_DOD6 Water Nitric Acid Plastic 250ml - with Nitric 150 mL 180 Days Acid Metals (ICP/MS) Total Metals, 12 Specific Analytes 200.8_DOD6 Water Nitric Acid Plastic 250ml - with Nitric 150 mL 180 Days Acid Metals (ICP/MS) Total Metals, 19 Specific Analytes 200.8_DOD6 Water Nitric Acid Plastic 250ml - with Nitric 150 mL 180 Days Acid Nitrogen, Ammonia Ammonia as N 350.1_DOD6 Water Sulfuric Acid Amber Glass 250ml - 50 mL 28 Days Sulfuric Acid Nitrogen, Nitrate -Nitrite Nitrate -Nitrite as N 353.2_Pres_D6 Water Sulfuric Acid Amber Glass 250ml - 250 mL 28 Days Sulfuric Acid Nitrogen, Total Kjeldahl Nitrogen, Total Kjeldahl 351.2_DOD6 Water Sulfuric Acid Amber Glass 500mL - 500 mL 28 Days Sulfuric Acid Issued on: 5/26/2026 Page 8 of 9 Quote Number.• 28031310 - 0 Organochlorine Pesticides/PCBs in Water OC Pesticides & PCB, PP List (Non DOD) 608.3_DOD6 Water None Amber Glass 250ml - 500 mL 7 Days unpreserved pH pH SM4500_H+_DOD6 Water None Plastic 250ml - unpreserved 100 mL IMMEDIATELY Phosphorus, Ortho Orthophosphate as P, Field Filtered 365.1_Ortho_D6 Water None Plastic 250ml - unpreserved 100 mL 48 Hours Phosphorus, Total Total Phosphorus as PO4 365.1_DOD6 Water Sulfuric Acid Amber Glass 250ml - 50 mL 28 Days Sulfuric Acid Semivolatile Organic Compounds (GC/MS SIM) PAHs, Custom List 8270E_SIM_DOD6 Water None Amber Glass 250ml - 500 mL 7 Days unpreserved Semivolatile Organic Compounds (GC/MS) SVOCs, PP List (Non DOD) 625.1_DOD6 Water None Amber Glass 250ml - 500 mL 7 Days unpreserved Semivolatile Organic Compounds (GC/MS) SVOCs, Standard List 8270E_DOD6 Water None Amber Glass 250ml - 500 mL 7 Days unpreserved Solids, Total Dissolved (TDS) Solids, Total Dissolved 2540C_Calcd_D6 Water None Plastic 1 liter - unpreserved 200 mL 7 Days Solids, Total Suspended (TSS) Solids, Total Suspended 2540D_DOD6 Water None Plastic 1 liter - unpreserved 500 mL 7 Days Solids, Volatile Suspended (VSS) Total Volatile Suspended Solids, Requires TSS - Not DOD ELAP Certified 160.4_VSS Water None Plastic 250ml - unpreserved 100 mL 7 Days Tetra Chlorinated Dioxin (HRGC/HRMS) 2,3,7,8-TCDD 1613B_DW_DOD6 Water None Amber Glass 1 liter - 2000 mL 1 Year unpreserved Volatile Organic Compounds (GC/MS) VOC, PP List (Non DOD, 3 day HT) 624.1_DOD6 Water None Voa Vial 40ml - unpreserved 120 mL 3 Days Volatile Organic Compounds (GC/MS) VOCs, Standard List 8260D_DOD6 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: 5/26/2026 Page 9 of 9 ti•• eurofins Environment Testing TESTAMERICA LABORATORIES INC D/B/A EUROFINS TESTAMERICA, LLC TERMS AND CONDITIONS OF SALE (Short Form) When a purchaser ("Client") places an order for laboratory, consulting or sampling services from TestAmerica Laboratories Inc. d/b/a Eurofins TestAmerica ("Eurofins"), a Delaware limited liability company, Eurofins 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 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 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 in writing. 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 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 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 will use its best efforts to meet mutually agreed turnaround times. All turnaround times will be calculated from the point in time when Eurofins 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 reserves its rights to modify its turnaround time commitment, change the date upon which Eurofins will accept samples, or refuse Sample Delivery Acceptance for the affected samples. 1.3 Eurofins reserves the right, exercisable at any time, to refuse or revoke Sample Delivery Acceptance for any sample which in the sole judgment of Eurofins: 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 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 provides courier services. In no event will Eurofins have any responsibility or liability for the action or inaction of any carrier shipping or delivering any sample to or from Eurofins' premises. Client is responsible for assuring that any sample that contains or may contain any hazardous substance to be delivered to Eurofins' premises is properly packaged, labeled, transported and delivered, all in accordance with applicable laws. 1.5 Eurofins reserves the right to begin processing samples upon receipt, unless the Client specifically notifies Eurofins 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 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 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. For clients with approved credit, payment terms are net 30 days from the date of invoice by Eurofins, 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 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 reserves the right to refuse to proceed with work at any time based upon an unfavorable Client credit report. CHANGE ORDERS, TERMINATION 3.1 Changes to the Scope of Work, price, or result delivery date may be initiated by Eurofins after Sample Delivery Acceptance due to any condition which conflicts with analytical, QA or other protocols warranted in these Terms and Conditions. Eurofins 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' 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 maybe initiated by the Client upon thirty (30) day written notice to Eurofins. Eurofins will be compensated consistent with Section 2 of these Terms and Conditions. Eurofins will complete all work in progress and be paid in full for all work completed, including all costs incurred, even if Eurofins does not issue a final or partial report. 4. WARRANTIES AND LIABILITY 4.1 Where applicable, Eurofins will use appropriate and approved analytical test methods. Eurofins has referenced these methods in its Laboratory Quality Manuals and has documented them in Standard Operating Procedures. Eurofins 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' Laboratory Quality Manuals. Client may request that Eurofins perform according to a mutually agreed Quality Assurance Project Plan (QAPP). If samples arrive priorto agreement on a QAPP, Eurofins will proceed with analyses under its standard Quality Manuals then in effect. Eurofins will not be responsible for any resampling or other charges if work must be repeated to comply with a subsequently finalized QAPP. 4.2 Eurofins 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, © 2025, TestAmedca Laboratories Inc. d/b/a Eurofins TestAmedca , All Rights Reserved SO TC-1 (v13), Page 1 of 3 ti•• eurofins Environment Testing unless the Client has specifically requested that Eurofins 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 will use its best efforts to meet holding times and will proceed with the work provided that, in Eurofins' judgment, the chain -of -custody or definition of the Scope of Work provide sufficient guidance. Reanalysis of samples to comply with Eurofins' 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 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 prior to Sample Delivery Acceptance. Eurofins 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 in connection with any services performed by Eurofins or any results generated from such services, and Eurofins gives and makes NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. No representative of Eurofins 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 will be limited to repeating any services performed, contingent on the Client's providing, at the request of Eurofins 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' liability for resampling costs will be limited to actual cost or one hundred and fifty dollars ($150) per sample, whichever is less. 4.6 Client shall indemnify, defend, and hold harmless Eurofins, its affiliates, or their respective officers, directors, and employees (collectively, the "Eurofins Indemnitees"), against any kind of third -party claims, liabilities, costs, damages, suits, actions, debts, charges and expenses (including reasonable attorney's fees, court costs and any amount paid in settlement) ("Claims") that Eurofins Indemnitees shall or at any time may sustain to the extent such Claims arise from or in connection with: (a) fraud, negligence, or the willful misconduct of Client, its affiliates, and their respective officers, directors, employees, and agents; (b) the receipt or use of materials provided by Client or its affiliates under the agreement; and/or (c) the unauthorized use of the Services or deliverables provided by Eurofins under these Terms and Conditions. This indemnity excludes Claims arising from fraud, gross negligence, or the willful misconduct of Eurofins Indemnitees. 4.7 Eurofins' 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' completion of the services. Under no circumstances, whether arising in contract, tort (including negligence), or otherwise, shall Eurofins 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. 4.8 In no event shall Eurofins have any responsibility or liability to the Client for any failure or delay in performance by Eurofins that results, directly or indirectly, in whole or in part, from any cause or circumstance beyond the reasonable control of Eurofins. 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' reasonable control. 5. RESULTS, WORK PRODUCT 5.1 Data or information provided to Eurofins or generated by services performed under this agreement shall only become the property of the Client upon receipt in full by Eurofins of payment for the entire order. Ownership of 0 2025, Test4merica Laboratories Inc. d/b/a Eurofins TestAmerica, All Rights Reserved any analytical method, QA/QC protocols, software programs or equipment developed by Eurofins for performance of work will be retained by Eurofins. Client shall not disclose such information to any third party without Eurofins' express prior consent. 5.2 Data and sample materials provided by Client or at Client's request, and the result obtained by Eurofins 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 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 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' right to independently defend its data. 5.4 Eurofins reserves the right to perform the services at any laboratory in the Eurofins network. If a Client has requested a particular location for the work, Eurofins will inform the Client when operational constraints require the work to be performed at another Eurofins location. In addition, Eurofins reserves the right to subcontract services ordered by the Client to another laboratory or laboratories, if, in Eurofins' sole judgment, it is reasonably necessary, appropriate or advisable to do so. Eurofins will in no way be liable for any subcontracted services (outside the Eurofins network) except for work performed at laboratories which have been audited and approved by Eurofins. 5.5 Eurofins 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 reserves the right to return to the Client any sample or unused portion of a sample that is not within Eurofins' permitted capability or the capabilities of Eurofins' 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 agrees to retain all records for five (5) years. 5.7 If Eurofins is required to respond to legal process related to services for Client, Client agrees to reimburse Eurofins 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' current published rates. 6. INSURANCE 6.1 During the performance of services under these Terms and Conditions, Eurofins shall maintain in force Workers' Compensation and Employer's Liability Insurance in accordance with the laws of the states having jurisdiction over Eurofins' employees who are engaged in the performance of the work. Eurofins 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 7.1 These Terms and Conditions, together with any additions or revisions which may be agreed to in writing by Eurofins, embody the whole agreement of the parties and provide the only remedies available. There are no promises, terms, conditions, understandings, obligations or ti% 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 Eurofins. 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' 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 Special Sample Handling Fees - 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. 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; and • Foreign Soil Fees. 7.4 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 2025, Test4merica Laboratories Inc. d/b/a Eumfins TestAmerica, All Rights Reserved o � G m 7 n mF c _• ° zr 7 ' ID N S O N 7 9 � C O T O 'O O m 3 m 00 N 7 p M O K m o. o S N O c O S c O IL C N • N 7 Of C Co O c 3 2 m C o 4 N " C 0 � 7 ^` C m N 6 �2 7 � n to w m' m M Q m � w c S c m FLs - O �N 7 � n CL x ID W , 3 CCL N A O O N S O n ao m " •NO C 'O N N C. n � S � 'O ' O 1 F a o m m x m a •O C O 1'D 3 O. 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