Environmental Consult ants & Contract ors
Transcript of Environmental Consult ants & Contract ors
1900 NW Corporate Blvd, Ste. E300, Boca Raton, FL 33431 | 954-571-9200 | eFax 954-418-9800
Environmental Consultants & Contractors
February 26, 2021 File No. 09220061.00 Mr. Amede Dimonnay, MBA via email: [email protected] Environmental Engineering and Permitting Division Broward County Environmental Protection and Growth Management Department 1 North University Drive, Mailbox 201 Plantation, Florida 33324 Subject: 2021 Closure and Long-Term Care Costs Update Monarch Hill, Pompano Beach, Florida EPGMD License Number: SW-LF00076-16-01/FDEP Permit No. 051323-032-SC WACS No: 55093
Dear Mr. Dimonnay:
On behalf of Waste Management Inc. of Florida, SCS Engineers is pleased to submit an updated Closure and Long-Term Care Costs for Monarch Hill, located in Pompano Beach, Florida. The estimate was recalculated using third party quotes. This updated closure and long-term care cost estimate is being provided to satisfy the annual adjustment for 2021 required by Specific Condition No. 28 of EPGMD License Number: SW-LF00076-16-02/FDEP Permit No. 051323-032-SC.
WMIF will update its financial instrument following receipt of the approval of the attached cost update. At that time, the updated financial instrument will be submitted to the Financial Coordinator at FDEP’s Tallahassee office.
Should you have any questions, please do not hesitate to contact either of the undersigned at (954) 571-9200.
Sincerely,
Keith VanGennip Belinda M. Ricklin, P.E. Project Director Project Manager SCS Engineers SCS Engineers
cc: Craig Ash, WMIF Nick Khoury, WMIF Jeff Roccapriore, WMIF
Mr. Amede Dimonnay February 26, 2021 Page 2
Attachment A: FDEP Closure Cost Estimating Form, 62-701.900(28), F.A.C. Attachment B: Figure 1 – Monarch Landfill Footprint Attachment B: Calculations Attachment C: Third Party Quotes
Monarch Year 2021 Closure and Long-Term Care Costs Update www.scsengineers.com
Attachment A
FDEP CLOSURE COST ESTIMATING FORM
62-701.900(28), F.A.C.
Florida Department ofEnvironmental Protection
Bob Martinez Center2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Date of DEP Approval:I. GENERAL INFORMATION:Facility Name: WACS ID:Permit Application or Consent Order No.: Expiration Date:Facility Address:Permittee or Owner/Operator:Mailing Address:
Latitude: ° ' " Longitude: ° ' "
Coordinate Method: Datum:Collected by: Company/Affiliation:
Solid Waste Disposal Units Included in Estimate:
Total disposal unit acreage included in this estimate: Closure: Long-Term Care:
Facility type: Class I Class III C&D Debris Disposal(Check all that apply) Other:
II. TYPE OF FINANCIAL ASSURANCE DOCUMENT (Check type)
Letter of Credit* Insurance Certificate Escrow AccountPerformance Bond* Financial Test Form 29 (FA Deferral)Guarantee Bond* Trust Fund Agreement
DEP Form # 62-701.900(28), F.A.C.
Form Title: Closure Cost Estimating Form For Solid Waste Facilities
Effective Date: January 6, 2010
Incorporated in Rule 62-701.630(3), F.A.C.
CLOSURE COST ESTIMATING FORM FOR SOLID WASTE FACILITIES
Acres
If active: Remaining life of unit
If closed: Official date of closing
Active Life of Unit From Date of Initial Receipt
of Waste
Date Unit Began
Accepting Waste
Fort Myers, FL 33901-3881239-332-6975
Southeast District400 N. Congress Ave., Ste. 200
If closed: Date last
waste received
West Palm Beach, FL 33401561-681-6600
Southwest District13051 N. Telecom Pky.
Temple Terrace, FL 33637813-632-7600
Phase / Cell
Northeast District7825 Baymeadows Way, Ste. B200
Jacksonville, FL 32256-7590904-807-3300
Orlando, FL 32803-3767
Central District3319 Maguire Blvd., Ste. 232
407-894-7555
Northwest District160 Government Center
Pensacola, FL 32502-5794850-595-8360
* - Indicates mechanisms that require the use of a Standby Trust Fund Agreement
South District2295 Victoria Ave., Ste. 364
Monarch Hill 00055093
SW-LF00076-16-02 11/04/20212700 Wiles Road, Pompano Beach, Florida 33073
Waste Management Inc. of Florida2700 Wiles Road, Pompano Beach, Florida 33073
Corpscon 6.1 Geographic NAD 83
CDSL 1 Note 1974 Closed 0 1989CDSL 2 Note 2004 14 4CDSL 3 Note 1988 28 2
Ash Monofill Note 1990 Closed 0 1993C&D Note 2000 16 2
Cell 12, 13 and 14 24.7 2018Cells 9, 10 and 11 19.2 2021
300.5 382.7
MRF, Waste Tire Facility
26 17 28 80 10 00
Print Form Reset Form
III. ESTIMATE ADJUSTMENT
(a) Inflation Factor Adjustment (b) Recalculated or New Cost Estimates
This adjustment is based on the Department approved closing cost estimate dated:
Current Year Inflation Factor, e.g. 1.02
Inflation Adjusted Closing Cost Estimate:
× ______ =
This adjustment is based on the Department approved long-term care cost estimate dated:
Current Year Inflation Factor, e.g. 1.02
Inflation Adjusted Annual Long-Term Care Cost
Estimate:
× ______ =
Number of Years of Long Term Care Remaining: ×
Inflation Adjusted Long-Term Care Cost Estimate: =
Signature by: Owner/Operator Engineer (check what applies)
Name & Title
Date
Telephone Number
Address
City, State, Zip Code
E-Mail Address
Latest Department Approved Annual Long-Term Care
Cost Estimate:
40 CFR Part 264 Subpart H as adopted by reference in Rule 62-701.630, Florida Administrative Code, (F.A.C.) sets forth the method of annual cost estimate adjustment. Cost estimates may be adjusted by using an inflation factor or by recalculating the maximum costs of closure in current dollars. Select one of the methods of cost estimate ajustment below.
Inflation adjustment using an inflation factor may only be made when a Department approved closure cost estimate exists and no changes have occurred in the facility operation which would necessitate modification to the closure plan. The inflation factor is derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its survey of Current Business. The inflation factor is the result of dividing the latest published annual Deflatory by the Deflator for the previous year. The inflation factor may also be obtained from the Solid Waste website www.dep.state.fl.us/waste/categories/swfr or call the Financial Coordinator at (850) 245-8706.
Latest Department Approved Closing Cost Estimate:
Signature
DEP FORM 62-701.900(28)Effective January 6, 2010 2 of 9
IV. ESTIMATED CLOSING COST (check what applies) Recalculated Cost Estimate New Facility Cost Estimate
Notes: 1. Cost estimates for the time period when the extent and manner of landfill operation makes closing most exp2. Cost estimate must be certified by a professional engineer.3. Cost estimates based on third party suppliers of material, equipment and labor at fair market value.4. In some cases, a price quote in support of individual item estimates may be required.
UnitNumberof Units Cost / Unit Total Cost
EA _____Subtotal Proposed Monitoring Wells:
2. Slope and Fill (bedding layer between waste and barrier layer):Excavation CY _____Placement and Spreading CY _____Compaction CY _____Off-Site Material CY _____Delivery CY _____
Subtotal Slope and Fill:3. Cover Material (Barrier Layer):
Off-Site Clay CY _____Synthetics - 40 mil SY _____Synthetics - GCL SY _____Synthetics - Geonet SY _____Synthetics - Other (explain) _____ _____
Subtotal Cover Material:4. Top Soil Cover:
Off-Site Material CY _____Delivery CY _____Spread CY _____
Subtotal Top Soil Cover:5. Vegetative Layer
Sodding SY _____Hydroseeding AC _____Fertilizer AC _____Mulch AC _____Other (explain) ____________ _____ _____
Subtotal Vegetative Layer:6. Stormwater Control System:
Earthwork CY _____Grading SY _____Piping LF _____Ditches LF _____Berms LF _____Control Structures EA _____Other (explain)____________ _____ _____
Subtotal Stormwater Control System:
Description1. Proposed Monitoring Wells (Do not include wells already in existence.)
DEP FORM 62-701.900(28)Effective January 6, 2010 3 of 9
LFStormwater
Control System
499,351
499,351
499,351
1,647,858
1,647,858
1,328,273
1,328,273
1,328,273
1,498,053
4,772
$5.10
$5.00
$5.00
$2,546,690.10
$2,496,755.00
$2,496,755.00
$7,540,200.10
$3.49
$5.44
$5,751,024.42
$8,964,347.52
$14,715,371.94
$5.00 $5.00
$5.35
$6,641,365.00
$6,641,365.00
$7,106,260.55
$20,388,990.55
$2.52 $3,775,093.56
$3,775,093.56
$85.78 $409,342.16
$409,342.16
UnitNumberof Units Cost / Unit Total Cost
7. Passive Gas Control:Wells EA _____Pipe and Fittings LF _____Monitoring Probes EA _____NSPS/Title V requirements LS _____
Subtotal Passive Gas Control:8. Active Gas Extraction Control:
Traps EA _____Sumps EA _____Flare Assembly EA _____Flame Arrestor EA _____Mist Eliminator EA _____Flow Meter EA _____Blowers EA _____Collection System LF _____Other (explain) ____________ _____ _____
Subtotal Active Gas Extraction Control:9. Security System:
Fencing LF _____Gate(s) EA _____Sign(s) EA _____
Subtotal Security System:10. Engineering:
Closure Plan Report LS _____LS _____
NSPS/Title V Air Permit LS _____Final Survey LS _____Certification of Closure LS _____Other (explain) ____________ _____ _____
Subtotal Engineering:
Description Hours Cost / Hour Hours Cost / Hour Total Cost11. Professional Services
P.E. Supervisor _____ _____ _____ _____On-Site Engineer _____ _____ _____ _____Office Engineer _____ _____ _____ _____On-Site Technician _____ _____ _____ _____Other (explain) _____ _____ _____
Description UnitNumberof Units Cost / Unit Total Cost
Quality Assurance Testing LS _____Subtotal Professional Services:
Quality Assurance
Description
Certified Engineering Drawings
Contract Management
DEP FORM 62-701.900(28)Effective January 6, 2010 4 of 9
Construction Report
90,150
301
1
1
1
1
1
$36.00
$6,125.00
$3,245,400.00
$1,843,625.00
$5,089,025.00
$30,000.00
$27,000.00
$18,000.00
$12,000.00
$12,000.00
$30,000.00
$27,000.00
$18,000.00
$12,000.00
$12,000.00
$99,000.00
5,409
18,030
1
$220.00
$70.00
_____$8,000
$49,665.00
$1,189,980.00
$66,110.00
$1,262,100.00
$8,000.00
1 $165,550.00 $165,550.00
$2,741,405.00
301
601
$165.00
$110.00
Subtotal of 1-11 Above:
12. Contingency _____ % of Subtotal of 1-11 AboveSubtotal Contingency:
Estimated Closing Cost Subtotal:
Total Cost13. Site Specific Costs
MobilizationWaste Tire FacilityMaterials Recovery FacilitySpecial WastesLeachate Management System ModificationOther (explain)
Subtotal Site Specific Costs:
TOTAL ESTIMATED CLOSING COSTS ($):
Description
DEP FORM 62-701.900(28)Effective January 6, 2010 5 of 9
Rainwater toe drain, road
Cleanup of tie-ins, leachate toe drain
10 $5,475,842.83
$60,234,271.14
$29,500.00
$31,870.86
$73,995.04
$896,357.02
$1,031,722.92
$61,265,994.06
$54,758,428.31
$5,475,842.83
V. ANNUAL COST FOR LONG-TERM CARE
(Check Term Length) 5 Years 20 Years 30 Years Other, ___ YearsNotes:
3. In some cases, a price quote in support of individual item estimates may be required.
All items must be addressed. Attach a detailed explanation for all entries left blank.
Description
SamplingFrequency
(Events / Year)Number of
Wells(Cost / Well) /
Event Annual Cost
1. Groundwater Monitoring [62-701.510(6), and (8)(a)] Monthly 12 _____ Quarterly 4 _____ Semi-Annually 2 _____ Annually 1 _____
Subtotal Groundwater Monitoring:2. Surface Water Monitoring [62-701.510(4), and (8)(b)] Monthly 12 _____ Quarterly 4 _____ Semi-Annually 2 _____ Annually 1 _____
Subtotal Surface Water Monitoring:
Monthly 12 _____ Quarterly 4 _____ Semi-Annually 2 _____ Annually 1 _____
Subtotal Gas Monitoring:4. Leachate Monitoring [62-701.510(5), (6)(b) and 62-701.510(8)c] Monthly 12 _____ Quarterly 4 _____ Semi-Annually 2 _____ Annually 1 _____ Other (explain) _________ _____ _____
Subtotal Leachate Monitoring:
Description UnitNumber of Units / Year Cost / Unit Annual Cost
5. Leachate Collection/Treatment Systems MaintenanceMaintenance Collection Pipes LF _____ Sumps, Traps EA _____ Lift Stations EA _____ Cleaning LS _____ Tanks EA _____
1. Cost estimates must be certified by a professional engineer.
See 62-701.600(1)a.1., 62-701.620(1), 62-701.630(3)a. and 62-701.730(11)b. F.A.C. for required term length. For landfillscertified closed and Department accepted, enter the remaining long-term care length as "Other" and provide years remaining.
2. Cost estimates based on third party suppliers of material, equipment and labor at fair market value.
3. Gas Monitoring [62-701.400(10)]
DEP FORM 62-701.900(28)Effective January 6, 2010 6 of 9
46 $683.26
$2,400.001 $62,859.92 $2,400.00
$65,259.92
1
1
1
$5,000.00
$3,000.00
$25,000.00
$60,000.00
$12,000.00
$25,000.00
$97,000.00
100
1
1
1
$25.00
$6,000.00
$4,200.00
$12,000.00
$2,500.00
$6,000.00
$4,200.00
$12,000.00
Description UnitNumber of Units / Year Cost / Unit Annual Cost
5. (continued)Impoundments Liner Repair SY _____ Sludge Removal CY _____Aeration Systems Floating Aerators EA _____ Spray Aerators EA _____Disposal
1000 gallon _____
6. Groundwater Monitoring Well Maintenance Monitoring Wells LF _____ Replacement EA _____ Abandonment EA _____
Subtotal Groundwater Monitoring Well Maintenance:7. Gas System Maintenance
Piping, Vents LF _____ Blowers EA _____ Flaring Units EA _____ Meters, Valves EA _____ Compressors EA _____ Flame Arrestors EA _____ Operation LS _____
Subtotal Gas System Maintenance:
Mowing AC _____ Fertilizer AC _____
Subtotal Landscape Maintenance:9. Erosion Control and Cover Maintenance Sodding SY _____ Regrading AC _____ Liner Repair SY _____ Clay CY _____
Subtotal Erosion Control and Cover Maintenance:10. Storm Water Management System Maintenance Conveyance Maintenance LS _____
Subtotal Storm Water Management System Maintenance:11. Security System Maintenance
Fences LS _____Gate(s) EA _____Sign(s) EA _____
Subtotal Security System Maintenance:
Off-site (Includes transportation and disposal)
8. Landscape Maintenance
Subtotal Leachate Collection / Treatment Systems Maintenance:
DEP FORM 62-701.900(28)Effective January 6, 2010 7 of 9
$15.35 7,006 $107,542.10
$132,242.10
1
120
$1,200.00
$50.00
$6,000.001
$1,200.00
$1,200.00
$6,000.00
$6,000.00 1
1 $18,000.00
$4,000.00
$18,000.00
$4,000.00
$1,500.00 1
1
765
5,000
1
$1,500.00
$20,000.00
$36.96
$2.52
$1,912.25
$20,000.00
$55,500.00
$28,274.40
$28,274.40
$12,600.00 $1,912.25
1,500 $10.23 $15,345.00
$29,857.25
1
1
$6,000.00
$2,400.00
$6,000.00
$6,000.00
1 $1,200.00
$200.00 1
$2,400.00
$1,200.00 $200.00
$3,800.00
Description UnitNumber of Units / Year Cost / Unit Annual Cost
12. Utilities LS _____Subtotal Utilities:
13. Leachate Collection/Treatment Systems OperationOperation P.E. Supervisor HR _____ On-Site Engineer HR _____ Office Engineer HR _____ OnSite Technician HR _____ Materials LS _____
Subtotal Leachate Collection/Treatment Systems Operation:14. Administrative
P.E. Supervisor HR _____On-Site Engineer HR _____Office Engineer HR _____OnSite Technician HR _____Other ________________ _____ _____
Subtotal Administrative:
Subtotal of 1-14 Above:
15. Contingency _____ % of Subtotal of 1-14 AboveSubtotal Contingency:
Description UnitNumber of Units / Year Cost / Unit Annual Cost
16. Site Specific Costs_____ __________ __________ _____
Subtotal Site Specific Costs:
ANNUAL LONG-TERM CARE COST ($ / YEAR):
Number of Years of Long-Term Care: _____
TOTAL LONG-TERM CARE COST ($):
DEP FORM 62-701.900(28)Effective January 6, 2010 8 of 9
Decommissioning - Engineering
Decommissioning - Facilities
Decommissioning - Wells
1
1
1
1
1
1
$8,000.00
$15,000.00
$1,500.00
1 $163,799.20 $163,799.20
$163,799.20
52520
$110.00 $70.00
$5,720.00
$36,400.00
$55,000.00 1 $55,000.00
$97,120.00
$1,980.00 12
52
$165.00
$110.00 $5,720.00
$36,400.00 520
$724,152.87
$70.00
$72,415.29
$821,068.16
30
$24,632,044.71
$44,100.00
10
$72,415.29
$8,000.00
$15,000.00
$1,500.00
$24,500.00
VI. CERTIFICATION BY ENGINEER
This is to certify that the Cost Estimates pertaining to the engineermg features of this solid waste managementfacility have been examined by i"e and found to conform to eng-ineering principles applicable to such faciliti6s. In my
professional judgment, the Cost Estimates are a true, correct and complete representatlon of the financial liabilitlesfor closing and/or long-term care of the facility and comply with the requirement§ of Rule 62-701`630 F.A C and allo!her Department c>f Environmental Protectlion rules. and statutes of the Stale of Florida. It is understood that theCost Estimates shall be subm'itted to the Department annually. revised or acljitsted as required by Rule S2-701.630(4), F.A.C.
Signature
Belinda M. F3icklin, P.E.,Proiect MngrName and Title (please type)
66567
=x:*(p,eas-eaff'X¥~=??;?}9,/,¢ji:i:
Vll. SIGNATURE BY OWNER/OPERATOR
STATE OF
f{oR\DP`
Signature of Appllcant
Jeff F3occapriore, District ManagerName and Title (please type)
|[email protected] address (if available)
DEP FORM 62.701900{28}EHeetive Janiiary 6 2010
1900 NW Corporate Blvd., Suite E300
Mailing Address
Boca Ratorl, FL 33431City, State, Zip Code
bricklin@scsen ineers.comE-Mall address (if available)
571-9200
* = Telephone Number
2700 Wiles RoadMa!Iing Address
Pompano Beach Flor!da 33073cityt stateL zip code
(954) 984-2000Telephone Number
Monarch Year 2021 Closure and Long-Term Care Costs Update www.scsengineers.com
Attachment B
FIGURE 1
MONARCH LANDFILL FOOTPRINT
Monarch Year 2021 Closure and Long-Term Care Costs Update www.scsengineers.com
Attachment C
CALCULATIONS
Closure Area (acres): 300.5Long-Term Area (acres): 382.7
ITEM QUANTITY UNIT COST TOTAL EXPLANATION
a Proposed Monitoring Wells (EA)Total 1 $0.00
a Excavation (CY)b Placement and Spreading (CY) 499,351 $5.10 $2,546,690.10 Calculated using 1 foot intermediate cover. Quantity includes an average 3%
slope length factor.c Compaction (CY)d Off-Site Material (CY) 499,351 $5.00 $2,496,755.00 Calculated using 1 foot intermediate cover. Quantity includes an average 3%
slope length factor.
e Delivery (CY) 499,351 $5.00 $2,496,755.00 Calculated using 1 foot intermediate cover. Quantity includes an average 3% slope length factor.
Total 2 $7,540,200.10
a Off-Site Clay (CY)
b Synthetics - 40 mil (SY) 1,647,858 $3.49 $5,751,024.42 Quantity includes 10% wastage and an average 3% slope length factor for 40-mil thick polyethylene. Includes purchase, installation, and tie-in weld.
c Synthetics - GCL (SY)d Synthetics - Geonet (SY)e Synthetics - Other (Geocomposite) (SY) 1,647,858 5.44 $8,964,347.52 Quantity includes 10 % wastage and an average 3% slope length factor for the
geocomposite. Unit cost includes purchase and installation.Total 3 $14,715,371.94
a Off-Site Material (CY) 1,328,273 $5.00 $6,641,365.00 Calculated using 2 feet cover and 33% increase factor for construction of the final cover swales.
b Delivery (CY) 1,328,273 $5.00 $6,641,365.00 Calculated using 2 feet cover and 33% increase factor for construction of the final cover swales.
c Spread (CY) 1,328,273 $5.35 $7,106,260.55 Calculated using 2 feet cover and 33% increase factor for construction of the final cover swales.
Total 4 $20,388,990.55
a Sodding (SY) 1,498,053 $2.52 $3,775,093.56 Quantity includes an average 3% slope length factor. b Hydroseeding (AC)c Fertilizer (AC)d Mulch (AC)e Other (explain)
Total 5 $3,775,093.56
5. Vegetative Layer
TABLE 1. CLOSING COST ESTIMATE
1. Proposed Monitoring Wells
2. Slope and Fill
3. Cover Material
4. Top Soil Cover
1
ITEM QUANTITY UNIT COST TOTAL EXPLANATION
a Earthwork (CY)b Grading (SY)c Piping (LF)d Ditches (LF)e Berms (LF)f Control Structures (EA)
g Other (Storm water control system) (LF) 4,772 $85.78 $409,342.16Construction includes HDPE pipes, fabriform, earthwork. Quantity includes construction of new downchutes. Unit cost calculated using the total cost of stormwater control system and downchute fabriform divided by the quantity of stormwater control system.
Total 6 $409,342.16
a Wells (EA) Not applicable.b Pipe and Fittings (LF)c Monitoring Probes (EA)d NSPS/Title V requirements (LS)
Total 7 $0.00
a Traps (EA)b Sumps (EA)c Flare Assembly (EA)d Flame Arrestor (EA)e Mist Eliminator (EA)f Flow Meter (EA)g Blowers (EA)
h Collection System (LF) 90,150 $36.00 $3,245,400.00Quantity includes an average of 300 feet of pipe per acre, 1/3 of which is assumed to be 12" pipe and 2/3 is assumed to be 6" pipe. Unit cost provided by SCS Field Services, $49.50 for 12" pipe and $29.25 for 6" pipe.
i Other (explain) 301 $6,125 $1,843,625.00 Quantity includes one well per acre of unclosed landfill. Assume average of 70 ft length, unit cost obtained from SCS Field Services.
Total 8 $5,089,025.00
a Fencing (LF) Not applicable.b Gate(s) (EA) Not applicable.c Sign(s) (EA) Not applicable.
Total 9 $0.00
9. Security System
TABLE 1. CLOSING COST ESTIMATE (continued)
6. Storm water Control System
7. Passive Gas Control
8. Active Gas Extraction Control
2
ITEM QUANTITY UNIT COST TOTAL EXPLANATION
a Closure Plan Report (LS) 1 $30,000.00 $30,000.00 Unit cost by SCS Engineers.b Certified Engineering Drawings (LS) 1 $27,000.00 $27,000.00 Unit cost by SCS Engineers.c NSPS/Title V Air Permit (LS) 1 $18,000.00 $18,000.00 Unit cost by SCS Engineers.d Final Survey (LS) 1 $12,000.00 $12,000.00 Unit cost by SCS Engineers.e Certification of Closure (LS) 1 $12,000.00 $12,000.00 Unit cost by SCS Engineers.f Other (explain)
Total 10 $99,000.00
a P.E. Supervisor (HR) 301 $165.00 $49,665.00 Construction duration was estimated at 1 week per acre. The P.E. was estimated at 1 hour per acre or week.
b On-Site Engineer (HR) 5,409 $220.00 $1,189,980.00 Surveying was estimated at 18 hours per acre.c Office Engineer (HR) 601 $110.00 $66,110.00 The office engineer time was estimated at 2 hours per acre or week.d On-Site Technician (HR) 18,030 $70.00 $1,262,100.00 The technician time was estimated at 60 hours per acre or week.
e Other (explain) 1 $8,000.00 $8,000.00 Construction of closure will be performed in a single construction event, so one report will be prepared.
f Quality Assurance Testing (LS) 301 $550.00 $165,550.00 CQA testing per acre.Total 11 $2,741,405.00
$54,758,428.31
a Contingency 10% $5,475,842.83Total 12 $5,475,842.83
$60,234,271.14
a Mobilization (LS) 1 $29,500.00 $29,500.00 Mobilization costs include $12,000 for the earthwork contractor, $7,500 for the liner installer, and $10,000 for the gas system construction.
b Waste Tire Facility (LS) 1 $31,870.86 $31,870.86 Unit cost from the 2018 Closure cost estimate with the 2019 and 2020 inflation factors.
c Materials Recovery Facility (LS) 1 $73,995.04 $73,995.04 Unit cost from the 2018 Closure cost estimate with the 2019 and 2020 inflation factors.
d Special Wastes (LF)e Leachate Management System Modification (LF)
f Other (Rainwater toe drain) (LF) 14,641 $25.42 $372,174.22Rainwater toe drain at the toe of the slope, including grading, pipe, gravel, geotextile. Unit cost calculated by the total cost of rainwater toe drain at the toe of the slope and rainwater toe-drain outlet fabriform divided by the quantity of rainwater toe drain at the toe of the slope.
g Other (Landfill Access Road) (LF) 2,644 $58.00 $153,352.00 Landfill access road with 1-ft shellrock layer (30ft wide).h Other (Tie-ins cleanup & others) (LF) 21,996 $11.25 $247,455.00 Cleanup of tie-ins, grading beyond cover system, etc.
i Other (Leachate Toe Drain System) (LF) 2,227 $55.40 $123,375.80 Leachate toe drain at the toe of the slope, including 6" HDPE SDR 17 pipe, gravel and geotextile.
Total 13 $1,031,722.92CLOSING COST (TOTAL 1-13) $61,265,994.06
10. Engineering
11. Professional Services
TOTAL 1-1112. Contingency
TOTAL 1-1213. Site Specific Costs
TABLE 1. CLOSING COST ESTIMATE (continued)
3
ITEM QUANTITY UNIT COST TOTAL EXPLANATION
a Monthly (12)b Quarterly (4)
c Semi-Annually (2) 46 $683.26 $62,859.92Semiannual monitoring of routine wells and QC samples. Unit cost includes total analysis and sampling costs on a semiannual basis and preparation of a report.
d Annually (1) 1 $2,400.00 $2,400.00 No annual monitoring required. Annualized cost of biennial reports.Total 1 $65,259.92
a Monthly (12)b Quarterly (4)c Semi-Annually (2)d Annually (1)
Total 2 0.00
a Monthly (12) 1 5,000.00 $60,000.00 Monthly monitoring for pressure, oxygen, etc. Unit cost obtained from SCS.
b Quarterly (4) 1 3,000.00 $12,000.00 Quarterly surface emissions monitoring. Unit cost obtained from SCS.c Semi-Annually (2)d Annually (1) 1 25,000.00 $25,000.00 Annual flare emissions compliance testing and Title V reporting. Unit cost
obtained from SCS.Total 3 $97,000.00
a Monthly (12)b Quarterly (4)c Semi-Annually (2)d Annually (1)e
Total 4 $0.00
a Collection Pipes (LF) 100 $25.00 $2,500.00 Routine maintenanceb Sumps, Traps (EA) 1 $6,000.00 $6,000.00 Routine maintenancec Lift Stations (EA) 1 $4,200.00 $4,200.00 Routine maintenance of sumps.d Cleaning 1 $12,000.00 $12,000.00 Annualized cost of LCS pipe cleaning every five years.e Tanks (EA)f Liner Repair (SY)g Sludge Removal (CY)h Floating Aerators (EA)i Spray Aerators (EA)
j Off-site leachate transportation & disposal (1000 gallons) 7,006 $15.35 $107,542.10
Average leachate generation rate after closure. Leachate quantity from 2018 closure cost estimate with the ratio of increased area. Unit cost from the 2018 closure cost estimate with the 2019 and 2020 inflation factors.
Total 5 $132,242.10
4. Leachate Monitoring
TABLE 2. LONG-TERM CARE COST
1. Groundwater Monitoring
2. Surface Water Monitoring
3. Gas Monitoring
5. Leachate Collection/Treatment Systems Maintenance
4
ITEM QUANTITY UNIT COST TOTAL EXPLANATION
a Monitoring Wells (LF) 1 $1,200.00 $1,200.00 Routine maintenance.b Replacement (EA)c Abandonment (EA)
Total 6 $1,200.00
a Piping, Vents 120 $50.00 $6,000.00 Estimated repairs to piping.b Blowers (EA) 1 $6,000.00 $6,000.00 Annualized cost of 3 blower replacement every 10 years.c Flaring Units (EA) 1 $18,000.00 $18,000.00 Routine annual maintenance.d Meters, Valves (EA) 1 $4,000.00 $4,000.00 Routine maintenance.e Compressors (EA)f Flame Arrestors (EA) 1 $1,500.00 $1,500.00 Annualized cost of 3 flame arrester replacement every 10 years.g Operation (LS) 1 $20,000.00 $20,000.00 Estimated direct and overhead cost for technician.
Total 7 $55,500.00
a Mowing (AC) 765 $36.96 $28,274.40 Two mowing events per year. Unit cost obtained from the FDOT historical costs for Broward County.
b Fertilizer (AC)Total 8 $28,274.40
a Sodding (SY) 5,000 $2.52 $12,600.00 Routine maintenance.
b Regrading (AC) 1 $1,912.25 $1,912.25 Routine maintenance. Unit cost from the 2018 closure cost estimate with the 2019 and 2020 inflation factors.
c Liner Repair (SY) 1,500 $10.23 $15,345.00 Routine maintenance. Unit cost from the 2018 closure cost estimate with the 2019 and 2020 inflation factors.
d Clay (CY)Total 9 $29,857.25
a Conveyance Maintenance (LF) 1 $6,000.00 $6,000.00 Routine maintenance.Total 10 $6,000.00
a Fences (LF) 1 $2,400.00 $2,400.00 Routine maintenance. b Gate(s) (EA) 1 $1,200.00 $1,200.00 Routine maintenance. c Sign(s) (EA) 1 $200.00 $200.00 Routine maintenance.
Total 11 $3,800.00
a Utilities (LF) 1 $163,799.20 $163,799.20Estimated cost of utilities for all electrical useage at the site less the electrical cost for the leachate collection/treatment system listed below. Unit cost from the 2018 closure cost estimate with the 2019 and 2020 inflation factors.
Total 12 $163,799.20
TABLE 2. LONG-TERM CARE COST (continued)
6. Groundwater Monitoring Well Maintenance
7. Gas System Maintenance
8. Landscape Maintenance
9. Erosion Control and Cover Maintenance
10. Storm Water Management System Maintenance
11. Security System Maintenance
12. Utilities
5
ITEM QUANTITY UNIT COST TOTAL EXPLANATION
a P.E. Supervisor (HR)b On-Site Engineer (HR)c Office Engineer (HR) 52 $110.00 $5,720.0000 One hour per week for an office engineer.d OnSite Technician (HR) 520 $70.00 $36,400.00 10 hours per week for a technicain.e Materials (LF) 1 $55,000.00 $55,000.0000 Only an estimate.
Total 13 $97,120.00
a P.E. Supervisor (HR) 12 $165.00 $1,980.00 One hour per month estimated.b On-Site Engineer (HR)c Office Engineer (HR) 52 $110.00 $5,720.00 One hour per week estimated.d OnSite Technician (HR) 520 $70.00 $36,400.00 10 hours per week estimated.e Other
Total 14 $44,100.00$724,152.87
a Contingency 10% $72,415.29Total 15 $72,415.29
a Decommissioning - Engineering (LS) 1 $8,000.00 $8,000.00 Annualized cost of engineering for ending the long-term care.
b Decommissioning - Facilities (LS) 1 $15,000.00 $15,000.00 Annualized cost of decommissioning the on-site facilities at the end of the long-term period.
c Decommissioning - Wells (LS) 1 $1,500.00 $1,500.00 Annualized cost of abandoning monitoring devices at the end of the long-term care period.
Total 16 $24,500.00ANNUAL LONG-TERM CARE COST (TOTAL 1-16) $821,068.16
30TOTAL LONG-TERM CARE COST $24,632,044.71
TABLE 2. LONG-TERM CARE COST (continued)
TOTAL 1-1415. Contingency
16. Site Specific Costs
Number of Years
14. Administration
13. Leachate Collection/Treatment Systems Operation
6
Monitoring Program Analytical Cost Per Well Number of Sampling Locations
Subtotal Analytical Cost
Routine semiannual $415.00 41 $17,015.00C&D cell $120.00 4 $480.00NAMP $25.00 3 $75.00CEP $180.00 2 $360.00
Total Semiannual Analytical Cost $17,930.00
Unit Cost for 2020
Total Semiannual Analytical Cost
Number of Sampling Locations (includes
compliance locations)
Semiannual Sampling Cost
Report Preparation
Cost
Total Cost Per Event
Cost Per Sampling Location Per Event
$17,930.00 46 $7,300.000 $6,200.00 $31,430.00 $683.26
ANNUAL COST (annualized cost of biennial technical report)
Years Report Preparation Prorated Cost / Year
5 $12,000.00 $2,400.00
TABLE 3. WATER QUALITY MONITORING COSTS
LAB COSTS
SEMIANNUAL COSTS
Monarch Year 2021 Closure and Long-Term Care Costs Update www.scsengineers.com
Attachment D
THIRD PARTY QUOTES
1
Ricklin, Belinda
From: VanGennip, KeithSent: Tuesday, February 23, 2021 6:05 PMTo: Ricklin, BelindaSubject: FW: Cost Estimate: Monarch Hill Closure 2020Attachments: Monarch Hill Closure Cost Estimate 2020.pdf
Categories: Filed by Newforma
From: Jessica Korb <[email protected]> Sent: Monday, March 30, 2020 2:54 PM To: VanGennip, Keith <[email protected]> Cc: Caamano‐Ramos, Diego <[email protected]>; Clewner, Myles <[email protected]> Subject: Cost Estimate: Monarch Hill Closure 2020
============== This message originated outside of SCS Engineers ==============
Mr. VanGennip, Please find attached our Cost Estimate for the Monarch Hill Closure project. If you have any questions please feel free to contact our office at any time. We appreciate the opportunity to provide you with a quote, and we look forward to working with you. Thank you, Jessica Paeplow RCS Excavation, Inc PO Box 1787 Lake Placid, FL 33862 (P) 863‐699‐1727 [email protected]
PO Box 1787 ● Lake Placid, FL 33862 (P) 863-699-1727 ● (F) 863-582-9292
Monarch Hill
Closure Cost Estimate 2020
Description Quantity/Unit Unit Cost
Slope and Fill
1. Grading Layer 1 ft – Placement and Spreading 580,316 CY $5.10
Cover Material
2. Protective layer soil 2 ft – Placement and Spreading 1,377,192 CY $5.35
Sodding
3. SOD 15,668,500 SF $0.28
Stormwater Control System
4. Stormwater piping (Double 16” HDPE SDR 17 Downchutes
(includes double pipe downchutes, pipe, earthwork, etc.)
4,772 LF $38.50
5. Downchute fabriform 28,200 SF $8.00
(Includes top inlets and outlets to perimeter ditch)
6. Rainwater Toe Drain (RWTD) 12,211 LF $9.50
Rainwater toe drain system at the toe of slope and along access road. Includes perforated 6”
HDPE SDR 17 pipes, gravel, and lateral drains along the perimeter and fabriform (12,000 SF).
(geotextile and geomembrane flaps provided by installer)
7. RWTD Fabriform 12,000 SF $8.00
Access Road
8. Furnish and install shellrock road base 2,644 LF $58.00
Road is 30ft wide, 1ft shellrock-thick.
Site Specific Costs
9. Cleanup of tie-ins, grading beyond cover system, etc. 21,996 LF $11.25
10. Leachate Toe Drain System, includes perforated 6,470 LF $53.00
6” HDPE SDR 17 pipe and gravel. (geotextile provided
by the installer)
1
Ricklin, Belinda
From: VanGennip, KeithSent: Thursday, December 3, 2020 10:10 AMTo: Ricklin, BelindaCc: NKhourySubject: FW: Closure Cost Estimate - Monarch Hill - Pompano Bch, FLAttachments: Geosynthetics Estimate MONARCH.docx
Follow Up Flag: Follow upFlag Status: Completed
Belinda, Attached is a new estimate from Mustang. Keith
From: Gregg Abney <[email protected]> Sent: Thursday, December 3, 2020 10:00 AM To: VanGennip, Keith <[email protected]> Subject: RE: Closure Cost Estimate ‐ Monarch Hill ‐ Pompano Bch, FL
From: VanGennip, Keith <[email protected]> Sent: Thursday, December 3, 2020 8:46 AM To: Gregg Abney <[email protected]> Subject: Re: Closure Cost Estimate ‐ Monarch Hill ‐ Pompano Bch, FL Gregg, Thank you very much. Also, need Monarch Hill.
Keith VanGennip 561‐441‐0713 Sent by my iPhone On Dec 3, 2020, at 9:10 AM, Gregg Abney <[email protected]> wrote:
Keith,
This email originated from outside of SCS Engineers. Do not click links or open attachments unless you recognize the sender and know the content is safe.
This email originated from outside of SCS Engineers. Do not click links or open attachments unless you recognize the sender and know the content is safe.
2
I just got the pricing so this is now complete. Please call with any questions and let me know if you need anything else. Kind regards, Gregg
From: Gregg Abney Sent: Thursday, December 3, 2020 7:58 AM To: VanGennip, Keith <[email protected]> Subject: RE: Closure Cost Estimate ‐ Monarch Hill ‐ Pompano Bch, FL Keith, I have the installation part filled out. SKAPS is going to provide the budgetary numbers. I expect them this morning. Sorry for the delay. As soon as I get the numbers from Skaps, I will update this sheet. Gregg
From: Gregg Abney Sent: Thursday, December 3, 2020 7:26 AM To: VanGennip, Keith <[email protected]> Subject: Re: Closure Cost Estimate ‐ Monarch Hill ‐ Pompano Bch, FL Haven't forgot. It's coming this morning.
Gregg Abney Mustang Extreme Environmental Services General Manager (817) 441‐1235 Work (225) 907‐5487 Mobile [email protected] 5049 Edwards Ranch Road Suite 200 Fort Worth, TX 76109 www.mustangextreme.com
On Dec 1, 2020, at 7:27 AM, Gregg Abney <[email protected]> wrote:
Hi Keith. I will get something to you today. With the holiday and the month end closing of our financials it has been very busy.
From: VanGennip, Keith <[email protected]> Sent: Monday, November 30, 2020 3:11 PM To: Gregg Abney <[email protected]> Subject: FW: Closure Cost Estimate ‐ Monarch Hill ‐ Pompano Bch, FL Importance: High Gregg,
5049 Edwards Ranch Road ‐ Suite 200 ‐ Fort Worth, TX ‐ (817) 441‐1235
Monarch Hill
Closure Cost Estimate 2020
Description Quantity/Unit Unit Cost
Geosynthetics
1. Purchase of 40 mil textured LLDPE 17,235,385 SF $0.26
2. Installation of 40 mil textured LLDPE 15,668,532 SF $0.13
3. Purchase of 275 mil geocomposite
Doubled sided 8oz. 17,235,385 SF $0.52
4. Installation of 275 mil geocomposite
Doubled sided 8oz. 15, 668, 532 SF $.091
5. Purchase 8 oz. geotextile for butt seams 310,500 SF $.08
Site Specific Costs
6. Geosynthetics tie‐in 21,996 LF $6.25
7. Purchase 6 oz. geotextile for toe drain 158,330 SF $.07
(to be installed by others)
8. Rainwater toe drain geomembrane flap 11,997 LF $6.25
welding (40 mil included in item 1)
9. Mobilization LS $6500
Purchase quantities include 10% waste and 3% slope factor
From: VanGennip, KeithTo: Caamano-Ramos, DiegoSubject: FW: Monarch Hill Closure Cost EstimateDate: Tuesday, April 14, 2020 3:23:06 PM
From: David Medina <[email protected]> Sent: Tuesday, April 14, 2020 1:33 PMTo: VanGennip, Keith <[email protected]>Subject: Re: Monarch Hill Closure Cost Estimate
============== This message originated outside of SCS Engineers ==============
1. Grading layer $10.00 a cy total $5 haul $5 material 2. Protective same as above Thank you, David Medina.Luna Development, corp. VP. Sent from my iPhone.
On Apr 10, 2020, at 10:23 AM, VanGennip, Keith <[email protected]>wrote:
David, Have you finished your estimate? Thanks,
Keith VanGennipSCS Engineers – Boca Raton, FL786-804-6135 (W)561-441-0713 (C)[email protected]
www.scsengineers.com
From: VanGennip, Keith
Sent: Friday, March 27, 2020 12:57 PMTo: '[email protected]' <[email protected]>Cc: Clewner, Myles <[email protected]>; Diego Caamano-Ramos([email protected]) <[email protected]>Subject: Monarch Hill Closure Cost Estimate David, We need an estimate for Monarch Hill Closure Cost Estimate 2020, see attached wordfile. If you have any questions, please contact us. Thanks,
Keith VanGennipSenior Project ManagerSCS Engineers1900 NW Corporate Blvd., Suite E300Boca Raton, FL 33431786-804-6135 (W)561-441-0713 (C)[email protected]
Driven by Client Successwww.scsengineers.com <Soil Estimate Luna Development.docx>
Florida Department of Transportation
Item Average Unit Cost
From 2020/02/01 to 2021/01/31
Statewide
Market Area: 12
Contract Type: CC
Displaying: VALID ITEMS WITH HITS
From: 0102 1 To: 9999999
No. of Weighted Total Total Unit
Item Conts Average Amount Quantity Meas Obs? Description
0102115 5 $.30 $1,058.15 3,567.000 ED N TYPE III BARRICADE
0102150 1 6 $4.78 $29,906.00 6,250.000 ED N PORTABLE REGULATORY, SIGN
0102150 2 6 $4.87 $30,026.00 6,166.000 ED N RADAR SPEED DISPLAY UNIT
0102913 21 5 $9,155.39 $13,989.43 1.528 GM N REMOVABLE TAPE, WHITE, SOLID 6"
0102913 22 2 $3,000.00 $2,007.00 .669 GM N REMOVABLE TAPE, WHITE, 10'-30', 3'-9', 6'-10', or 2'-4' SKIP, 6" WIDE
0102913 31 2 $8,977.41 $10,889.60 1.213 GM N REMOVABLE TAPE, YELLOW, SOLID, 6"
0104 1 1 $2.90 $290.00 100.000 SY N ARTIFICIAL COVERINGS /ROLLED EROSION CONTROL PRODUCTS
0104 10 3 18 $1.68 $527,035.97 314,218.000 LF N SEDIMENT BARRIER
0104 11 6 $8.68 $66,789.70 7,691.000 LF N FLOATING TURBIDITY BARRIER
0104 12 1 $3.50 $4,886.00 1,396.000 LF N STAKED TURBIDITY BARRIER- NYLON REINFORCED PVC
0104 15 2 $1,460.00 $7,300.00 5.000 EA N SOIL TRACKING PREVENTION DEVICE
0104 18 22 $94.58 $73,302.65 775.000 EA N INLET PROTECTION SYSTEM
0107 1 15 $16.38 $244,808.80 14,946.620 AC N LITTER REMOVAL
0107 2 15 $36.96 $474,666.02 12,841.680 AC N MOWING
0108 1 15 $3,385.12 $57,547.00 17.000 EA N MONITOR EXISTING STRUCTURES- INSPECTION AND SETTLEMENT
MONITORING
0108 2 11 $3,104.69 $40,361.00 13.000 EA N MONITOR EXISTING STRUCTURES- VIBRATION MONITORING
0110 1 1 17 $9,995.82 $2,561,428.46 256.250 AC N CLEARING & GRUBBING
0110 2 2 9 $33,267.10 $55,223.38 1.660 AC N SELECTIVE CLEARING AND GRUBBING, AREAS WITH TREES TO REMAIN
0110 3 4 $84.21 $314,600.00 3,736.000 SF N REMOVAL OF EXISTING STRUCTURES/BRIDGES
02/22/2021 Page: 2
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative.•Proposal expires 60 days from created date above, unless accepted, signed and returned.• Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise.• If project specific MS/MSD samples are submitted, they may be billable.• Volatile soils need to be frozen within 48 hours of collection. To facilitate this, they should be submitted to the lab within 40 hours ofcollection.• TAT (Turn Around Time) is in working days unless otherwise specified above.• To ensure requested TAT is available, please coordinate with your Pace Analytical representative at time of sample submittal.• Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices.
$120.00Grand-Total
SCS EngineersShip To Name
1900 NW Corporate Blvd Suite E300Boca Raton, FL 33431USA
Bill To
SCS EngineersBill To Name
Trip BlankRequired?
Standard Level IIReport Level
8/27/2021Expiration Date
8/27/2020Created Date
Semi Annual - Add. Tests APRSpecial Instructions
Standard TAT is 5-7 Business DaysTurn Around Time
FLProject Location
00082029Quote Number
Semi Annual - Add. Tests APRQuote Name
Stacy Kennedy (615) [email protected]
Pace ProjectManager
Terrie FudgePrepared By
(954) 571-9200Phone
SCS EngineersAccount Name
Myles ClewnerContact Name
Contact Information
Project Information
Address Information
Quote Details
Quantity Method Matrix ProductLine ItemDescription
SalesPrice
Sub-Total Total-Price
1.00EPA 6010B/ 200.7(ICP)
WaterOnly
Aluminum (Al)-Each addt'l metal Total Recoverable $25.00 $25.00 $25.00
1.00 EPA 300.0WaterOnly
Sulfate (water) $15.00 $15.00 $15.00
1.00 EPA 8260WaterOnly
Volatile Organic Compounds (VOCs)(water)
$80.00 $80.00 $80.00
Additional Pricing Considerations:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
These Standard Terms (Terms) govern all services that Pace Analytical ______________ (“Lab”) will perform on behalf of_________________________ (“Client”), and supersede any other written provisions (including purchase/work orders) related to the services,as well as all prior discussions, courses of dealing, and/or performance, unless a separate, executed agreement for the same or similarservices already exists between the Lab and Client (collectively "the Parties), or the Parties subsequently agree to terminate or amend theseTerms, as allowed in Sections 8 and 10, respectively.
: 1. Definitions:Holding Time The maximum amount of time a sample may be stored before being analyzed.
: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced bySample Delivery Acceptance (SDA)either a notation on the Chain of Custody or an entry in the Lab’s information management system (LIMS).
: A set of samples normally shipped and reported to the Lab as a group.Sample Delivery Group (SDG) The maximum allowable period within which Lab must report out its analytical testing results to Client, calculated:Turnaround Time (TAT)
from the date of SDA.
:2. Client’s Obligations
a. Client must complete one (1) of the following steps to initiate Lab’s services:i. submit a completed (hard-copy) purchase orderii. place a telephone orderiii. email a requestiv. attach a completed purchase order to an emailv. approve Lab’s quotation, orvi. place an order for Lab’s supplies via Lab’s website.
b. Subject to occasional, mutually agreed-upon exceptions, Client must, for each sample delivered to Lab, provide all of the followinginformation:
i. a minimum of five (5) days’ prior noticeii. the name of the responsible project manageriii. the name of the person submitting the sampleiv. the specific collection sitev. the date and time of collectionvi. the specific testing being requested, andvii. sufficient details about reporting requirement(s).
c. Client shall also:
i. remain liable for any or to SDAloss damage sample(s) until ii. pay all invoices in full on a net 30 basis or as otherwise agreed in writingiii. notify Lab about any disputed charges or results within 30 days of receiving applicable invoiceiv. reimburse Lab for any costs, including attorneys’ fees, required to collect delinquent paymentsv. demonstrate its (or, if applicable, the Prime Client's) credit worthiness by accessing the following link:https://www.pacelabs.com/my-account.html and clicking on "Client Profile Information." (Note: Client must pre-pay for servicespending completion of this process and LAB's approval of a credit line.)vi. pay for any services it orders on any sample(s) already analyzed by Lab.vii. obtain Lab’s prior written consent before assigning billing or payment of Lab services to any credit-worthy third party,(failure to do so shall mean Client remains responsible for the payment of any outstanding balance)viii. refrain from using any of Lab’s supplies (e.g., sample containers) in connection with any non-Lab servicesix. ensure that any sample(s) containing any known hazardous substance is (are) labeled, packaged, manifested, transported,and delivered to Lab in accordance with all applicable regulationsx. obtain Lab’s prior written consent before publishing Lab’s name and/or any dataxi. reimburse Lab for any out-of-scope services and related expenses (e.g., defending its analytical results or responding to asubpoena for documents and/or expert testimony)xii. excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other“Force Majeure” event or circumstance beyond Lab’s control, such as government shutdowns, natural disasters, labor strikes,or acts of God; andxiii. accept responsibility for any claims, damages, losses, expenses, etc. (including reasonable attorneys ’ fees) to the extentthey were caused by Client’s: breach of these Terms; negligence or willful misconduct (which expressly includes Client’s useof Lab’s name and/or data for anything other than the specific purpose for which it was intended); or violation of applicablelaws.
• Please include Quote Number on Chain-of-custody to ensure proper billing.• Pricing includes standard delivery of bottle/sample kits and coolers.• Charges will apply for non-standard shipping and for projects where shipping exceeds 10% of the total analytical costs of the shipment.
Pace Analytical Terms and Conditions
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
: 3. Lab’s Obligations
Lab shall:a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionallyrecognized standards.b. Promptly notify Client of any: i. missing sample(s) and/or sample(s) received in damaged, contaminated, improperly preserved condition, or ii. subpoena or similar legal/administrative order requiring action by Lab so that Client might also take appropriate action.c. Assume responsibility for the quality of its services.d. Prepare and maintain accurate records.e. Obtain or maintain any permit(s), license(s), or certification(s) as necessary for the performance of its services.f. Charge its fees on a net 30 basis (unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge onany unpaid balances.g. Invoice Client for each sample or SDG as reported.h. Assume risk of loss or damage to any Client sample(s) upon SDA.i. Initiate analysis within established holding times – so long as SDA occurred within 48 hours of collection or the first half of themaximum allowed holding time.j. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attorneys’ fees) to the extent they werecaused by Lab’s: breach of these Terms; negligence or willful misconduct; or the negligence and willful misconduct of persons forwhom Lab is legally responsible.k. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability orfitness for a particular purpose.
:4. Lab's Discretionary Actions
Lab may:a. Cease all services, including any release of data, if Client does not pay as agreedb. Reject or rescind any SDA if Lab decides sample poses a riskc. Charge or bill Client directly for:
i. reasonable attorneys’ feesii. any supplies (including containers) that are not used or returnediii. outbound/return shippingiv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab’s SDA thereofv. disposal of any other samples that have not been reclaimed within 30 days of Lab’s SDA thereof, or as otherwise requiredvi. a minimum fee for invoicing and/or handling samples, andvii. any sample that underwent SDA, but was subsequently, at Client’s direction, not analyzed.
d. Return unused portions of samples found or suspected to be hazardous to Client, at Client’s cost.e. Retain Client’s unreleased data and/or cancel Client’s web portal access pending payment in full
: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or5. Confidentialityconfidential information of each other and that they will not disclose such information except to those employees, subcontractors, or agentswho have expressly agreed to maintain confidentiality.
These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to:6. Governing Lawthe principles of conflicts of law thereof.
The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated: 7. Termin accordance with Section 8. below
:8. Terminationa. Either party may terminate these Terms upon 30 days’ prior written notice.b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab’s dated invoice.
:9. Limitation of Liability
a. If a court of competent jurisdiction finds that Lab failed to meet applicable standards and if Client suffers damages as a result, Lab’saggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services.b. This limitation shall not apply to any Client losses arising from Lab’s negligence or willful misconduct, so long as Client: i. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same.c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitivedamages.
Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless: 10. Amendment/Change Orderreduced to writing and signed by both Parties.
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to ten (10):11. Storage of Datayears depending upon the applicable requirements.
: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while12. Intellectual Propertyperforming services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same.
Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services:13. Non-competitiongoverned by these Terms.
Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the:14. Non-assignmentother party, except that Lab may freely transfer the services to another Lab location or, with Client’s permission, subcontract the services to athird-party.
Lab carries insurance with the limits of coverage as indicated below and will, upon Client’s request, submit certificates of:15. Insuranceinsurance showing same.
a. General Liability - $1,000,000 each occurrence; $2,000,000 general aggregate;b. Personal and Advertising Injury - $1,000,000;c. Automobile Liability - $1,000,000 combined single limit;d. Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence;e. Worker’s Compensation Insurance - statutory limits; andf. Professional Liability $5,000,000 aggregate, $5,000,000 per claim.
:16. Miscellaneous Provisionsa. In the absence of an executed agreement between the Parties, the SDA will constitute acceptance of these Terms by Client.b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and anyamendments, notices, records, disclosures, or other documents of any type sent or received in accordance with these Terms.c. The Parties are at all times acting and performing as independent contractors; neither one shall ever be considered an agent,servant, employee, or partner of the other.d. These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns.e. Lab’s compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties.f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms.
Client and Lab have executed this Agreement through their duly authorized representatives as of the last dateIN WITNESS WHEREOF,
below:
[Client]
By: Name: Title: Date: Pace Analytical By: Name: Title: Date:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
SCS EngineersShip To Name
1900 NW Corporate Blvd Suite E300Boca Raton, FL 33431USA
Bill To
SCS EngineersBill To Name
Trip BlankRequired?
Standard Level IIReport Level
8/27/2021Expiration Date
8/27/2020Created Date
Semi Annual - GW APRSpecial Instructions
Standard TAT is 5-7 Business DaysTurn Around Time
FLProject Location
00082032Quote Number
Semi Annual - GW APRQuote Name
Stacy Kennedy (615) [email protected]
Pace ProjectManager
Terrie FudgePrepared By
(954) 571-9200Phone
SCS EngineersAccount Name
Myles ClewnerContact Name
Contact Information
Project Information
Address Information
Quote Details
Quantity Method Matrix ProductLine ItemDescription
SalesPrice
Sub-Total Total-Price
1.00 SM 2540CWaterOnly
Solids, Total Dissolved (TDS) $15.00 $15.00 $15.00
1.00 EPA 300.0WaterOnly
Chloride (water) $15.00 $15.00 $15.00
1.00 EPA 300.0WaterOnly
Nitrogen, Nitrate (water) $15.00 $15.00 $15.00
1.00 EPA 350.1WaterOnly
Nitrogen, Ammonia (water) $15.00 $15.00 $15.00
1.00EPA 6010/200.7(ICP)
WaterOnly
Total Metals (water) 12 metals ($10 ea) $120.00 $120.00 $120.00
1.00 EPA 6020 (ICP/MS)WaterOnly
Total Metals (water) 4 Metals ($15 ea) $60.00 $60.00 $60.00
1.00 EPA 7470AWaterOnly
Mercury (Hg) (water) $20.00 $20.00 $20.00
1.00 EPA 8011WaterOnly
EDB/ DBCP $75.00 $75.00 $75.00
1.00 EPA 8260WaterOnly
Volatile Organic Compounds (VOCs)(water)
$80.00 $80.00 $80.00
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
These Standard Terms (Terms) govern all services that Pace Analytical ______________ (“Lab”) will perform on behalf of_________________________ (“Client”), and supersede any other written provisions (including purchase/work orders) related to the services,as well as all prior discussions, courses of dealing, and/or performance, unless a separate, executed agreement for the same or similarservices already exists between the Lab and Client (collectively "the Parties), or the Parties subsequently agree to terminate or amend theseTerms, as allowed in Sections 8 and 10, respectively.
: 1. Definitions:Holding Time The maximum amount of time a sample may be stored before being analyzed.
: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced bySample Delivery Acceptance (SDA)either a notation on the Chain of Custody or an entry in the Lab’s information management system (LIMS).
: A set of samples normally shipped and reported to the Lab as a group.Sample Delivery Group (SDG) The maximum allowable period within which Lab must report out its analytical testing results to Client, calculated:Turnaround Time (TAT)
from the date of SDA.
:2. Client’s Obligations
a. Client must complete one (1) of the following steps to initiate Lab’s services:i. submit a completed (hard-copy) purchase orderii. place a telephone orderiii. email a requestiv. attach a completed purchase order to an emailv. approve Lab’s quotation, orvi. place an order for Lab’s supplies via Lab’s website.
b. Subject to occasional, mutually agreed-upon exceptions, Client must, for each sample delivered to Lab, provide all of the followinginformation:
i. a minimum of five (5) days’ prior noticeii. the name of the responsible project manageriii. the name of the person submitting the sampleiv. the specific collection sitev. the date and time of collectionvi. the specific testing being requested, andvii. sufficient details about reporting requirement(s).
c. Client shall also:
i. remain liable for any or to SDAloss damage sample(s) until ii. pay all invoices in full on a net 30 basis or as otherwise agreed in writingiii. notify Lab about any disputed charges or results within 30 days of receiving applicable invoiceiv. reimburse Lab for any costs, including attorneys’ fees, required to collect delinquent paymentsv. demonstrate its (or, if applicable, the Prime Client's) credit worthiness by accessing the following link:https://www.pacelabs.com/my-account.html and clicking on "Client Profile Information." (Note: Client must pre-pay for servicespending completion of this process and LAB's approval of a credit line.)vi. pay for any services it orders on any sample(s) already analyzed by Lab.
If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative.•Proposal expires 60 days from created date above, unless accepted, signed and returned.• Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise.• If project specific MS/MSD samples are submitted, they may be billable.• Volatile soils need to be frozen within 48 hours of collection. To facilitate this, they should be submitted to the lab within 40 hours ofcollection.• TAT (Turn Around Time) is in working days unless otherwise specified above.• To ensure requested TAT is available, please coordinate with your Pace Analytical representative at time of sample submittal.• Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices.• Please include Quote Number on Chain-of-custody to ensure proper billing.• Pricing includes standard delivery of bottle/sample kits and coolers.• Charges will apply for non-standard shipping and for projects where shipping exceeds 10% of the total analytical costs of the shipment.
$415.00Grand-Total
Additional Pricing Considerations:
Pace Analytical Terms and Conditions
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
vii. obtain Lab’s prior written consent before assigning billing or payment of Lab services to any credit-worthy third party,(failure to do so shall mean Client remains responsible for the payment of any outstanding balance)viii. refrain from using any of Lab’s supplies (e.g., sample containers) in connection with any non-Lab servicesix. ensure that any sample(s) containing any known hazardous substance is (are) labeled, packaged, manifested, transported,and delivered to Lab in accordance with all applicable regulationsx. obtain Lab’s prior written consent before publishing Lab’s name and/or any dataxi. reimburse Lab for any out-of-scope services and related expenses (e.g., defending its analytical results or responding to asubpoena for documents and/or expert testimony)xii. excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other“Force Majeure” event or circumstance beyond Lab’s control, such as government shutdowns, natural disasters, labor strikes,or acts of God; andxiii. accept responsibility for any claims, damages, losses, expenses, etc. (including reasonable attorneys ’ fees) to the extentthey were caused by Client’s: breach of these Terms; negligence or willful misconduct (which expressly includes Client’s useof Lab’s name and/or data for anything other than the specific purpose for which it was intended); or violation of applicablelaws.
: 3. Lab’s Obligations
Lab shall:a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionallyrecognized standards.b. Promptly notify Client of any: i. missing sample(s) and/or sample(s) received in damaged, contaminated, improperly preserved condition, or ii. subpoena or similar legal/administrative order requiring action by Lab so that Client might also take appropriate action.c. Assume responsibility for the quality of its services.d. Prepare and maintain accurate records.e. Obtain or maintain any permit(s), license(s), or certification(s) as necessary for the performance of its services.f. Charge its fees on a net 30 basis (unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge onany unpaid balances.g. Invoice Client for each sample or SDG as reported.h. Assume risk of loss or damage to any Client sample(s) upon SDA.i. Initiate analysis within established holding times – so long as SDA occurred within 48 hours of collection or the first half of themaximum allowed holding time.j. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attorneys’ fees) to the extent they werecaused by Lab’s: breach of these Terms; negligence or willful misconduct; or the negligence and willful misconduct of persons forwhom Lab is legally responsible.k. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability orfitness for a particular purpose.
:4. Lab's Discretionary Actions
Lab may:a. Cease all services, including any release of data, if Client does not pay as agreedb. Reject or rescind any SDA if Lab decides sample poses a riskc. Charge or bill Client directly for:
i. reasonable attorneys’ feesii. any supplies (including containers) that are not used or returnediii. outbound/return shippingiv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab’s SDA thereofv. disposal of any other samples that have not been reclaimed within 30 days of Lab’s SDA thereof, or as otherwise requiredvi. a minimum fee for invoicing and/or handling samples, andvii. any sample that underwent SDA, but was subsequently, at Client’s direction, not analyzed.
d. Return unused portions of samples found or suspected to be hazardous to Client, at Client’s cost.e. Retain Client’s unreleased data and/or cancel Client’s web portal access pending payment in full
: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or5. Confidentialityconfidential information of each other and that they will not disclose such information except to those employees, subcontractors, or agentswho have expressly agreed to maintain confidentiality.
These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to:6. Governing Lawthe principles of conflicts of law thereof.
The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated: 7. Termin accordance with Section 8. below
:8. Termination
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
a. Either party may terminate these Terms upon 30 days’ prior written notice.b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab’s dated invoice.
:9. Limitation of Liability
a. If a court of competent jurisdiction finds that Lab failed to meet applicable standards and if Client suffers damages as a result, Lab’saggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services.b. This limitation shall not apply to any Client losses arising from Lab’s negligence or willful misconduct, so long as Client: i. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same.c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitivedamages.
Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless: 10. Amendment/Change Orderreduced to writing and signed by both Parties.
Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to ten (10):11. Storage of Datayears depending upon the applicable requirements.
: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while12. Intellectual Propertyperforming services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same.
Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services:13. Non-competitiongoverned by these Terms.
Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the:14. Non-assignmentother party, except that Lab may freely transfer the services to another Lab location or, with Client’s permission, subcontract the services to athird-party.
Lab carries insurance with the limits of coverage as indicated below and will, upon Client’s request, submit certificates of:15. Insuranceinsurance showing same.
a. General Liability - $1,000,000 each occurrence; $2,000,000 general aggregate;b. Personal and Advertising Injury - $1,000,000;c. Automobile Liability - $1,000,000 combined single limit;d. Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence;e. Worker’s Compensation Insurance - statutory limits; andf. Professional Liability $5,000,000 aggregate, $5,000,000 per claim.
:16. Miscellaneous Provisionsa. In the absence of an executed agreement between the Parties, the SDA will constitute acceptance of these Terms by Client.b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and anyamendments, notices, records, disclosures, or other documents of any type sent or received in accordance with these Terms.c. The Parties are at all times acting and performing as independent contractors; neither one shall ever be considered an agent,servant, employee, or partner of the other.d. These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns.e. Lab’s compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties.f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms.
Client and Lab have executed this Agreement through their duly authorized representatives as of the last dateIN WITNESS WHEREOF,
below:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
[Client]
By: Name: Title: Date: Pace Analytical By: Name: Title: Date:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
These Standard Terms (Terms) govern all services that Pace Analytical ______________ (“Lab”) will perform on behalf of_________________________ (“Client”), and supersede any other written provisions (including purchase/work orders) related to the services,as well as all prior discussions, courses of dealing, and/or performance, unless a separate, executed agreement for the same or similar
If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative.•Proposal expires 60 days from created date above, unless accepted, signed and returned.• Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise.• If project specific MS/MSD samples are submitted, they may be billable.• Volatile soils need to be frozen within 48 hours of collection. To facilitate this, they should be submitted to the lab within 40 hours ofcollection.• TAT (Turn Around Time) is in working days unless otherwise specified above.• To ensure requested TAT is available, please coordinate with your Pace Analytical representative at time of sample submittal.• Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices.• Please include Quote Number on Chain-of-custody to ensure proper billing.• Pricing includes standard delivery of bottle/sample kits and coolers.• Charges will apply for non-standard shipping and for projects where shipping exceeds 10% of the total analytical costs of the shipment.
$25.00Grand-Total
SCS EngineersShip To Name
1900 NW Corporate Blvd Suite E300Boca Raton, FL 33431USA
Bill To
SCS EngineersBill To Name
Trip BlankRequired?
Standard Level IIReport Level
8/27/2020Expiration Date
8/27/2020Created Date
Semi Annual NAMP Testing APR OCTSpecial Instructions
Standard TAT is 5-7 Business DaysTurn Around Time
FLProject Location
00082035Quote Number
Semi Annual NAMP Testing APR OCTQuote Name
Stacy Kennedy (615) [email protected]
Pace ProjectManager
Terrie FudgePrepared By
(954) 571-9200Phone
SCS EngineersAccount Name
Myles ClewnerContact Name
Contact Information
Project Information
Address Information
Quote Details
Quantity Method Matrix Product Line Item Description Sales Price Sub-Total Total-Price
1.00 EPA 6010B/ 200.7 (ICP) Water Only Sodium (Na)-Each addt'l metal Total Recoverable $25.00 $25.00 $25.00
Additional Pricing Considerations:
Pace Analytical Terms and Conditions
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
services already exists between the Lab and Client (collectively "the Parties), or the Parties subsequently agree to terminate or amend theseTerms, as allowed in Sections 8 and 10, respectively.
: 1. Definitions:Holding Time The maximum amount of time a sample may be stored before being analyzed.
: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced bySample Delivery Acceptance (SDA)either a notation on the Chain of Custody or an entry in the Lab’s information management system (LIMS).
: A set of samples normally shipped and reported to the Lab as a group.Sample Delivery Group (SDG) The maximum allowable period within which Lab must report out its analytical testing results to Client, calculated:Turnaround Time (TAT)
from the date of SDA.
:2. Client’s Obligations
a. Client must complete one (1) of the following steps to initiate Lab’s services:i. submit a completed (hard-copy) purchase orderii. place a telephone orderiii. email a requestiv. attach a completed purchase order to an emailv. approve Lab’s quotation, orvi. place an order for Lab’s supplies via Lab’s website.
b. Subject to occasional, mutually agreed-upon exceptions, Client must, for each sample delivered to Lab, provide all of the followinginformation:
i. a minimum of five (5) days’ prior noticeii. the name of the responsible project manageriii. the name of the person submitting the sampleiv. the specific collection sitev. the date and time of collectionvi. the specific testing being requested, andvii. sufficient details about reporting requirement(s).
c. Client shall also:
i. remain liable for any or to SDAloss damage sample(s) until ii. pay all invoices in full on a net 30 basis or as otherwise agreed in writingiii. notify Lab about any disputed charges or results within 30 days of receiving applicable invoiceiv. reimburse Lab for any costs, including attorneys’ fees, required to collect delinquent paymentsv. demonstrate its (or, if applicable, the Prime Client's) credit worthiness by accessing the following link:https://www.pacelabs.com/my-account.html and clicking on "Client Profile Information." (Note: Client must pre-pay for servicespending completion of this process and LAB's approval of a credit line.)vi. pay for any services it orders on any sample(s) already analyzed by Lab.vii. obtain Lab’s prior written consent before assigning billing or payment of Lab services to any credit-worthy third party,(failure to do so shall mean Client remains responsible for the payment of any outstanding balance)viii. refrain from using any of Lab’s supplies (e.g., sample containers) in connection with any non-Lab servicesix. ensure that any sample(s) containing any known hazardous substance is (are) labeled, packaged, manifested, transported,and delivered to Lab in accordance with all applicable regulationsx. obtain Lab’s prior written consent before publishing Lab’s name and/or any dataxi. reimburse Lab for any out-of-scope services and related expenses (e.g., defending its analytical results or responding to asubpoena for documents and/or expert testimony)xii. excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other“Force Majeure” event or circumstance beyond Lab’s control, such as government shutdowns, natural disasters, labor strikes,or acts of God; andxiii. accept responsibility for any claims, damages, losses, expenses, etc. (including reasonable attorneys ’ fees) to the extentthey were caused by Client’s: breach of these Terms; negligence or willful misconduct (which expressly includes Client’s useof Lab’s name and/or data for anything other than the specific purpose for which it was intended); or violation of applicablelaws.
: 3. Lab’s Obligations
Lab shall:a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionallyrecognized standards.b. Promptly notify Client of any: i. missing sample(s) and/or sample(s) received in damaged, contaminated, improperly preserved condition, or ii. subpoena or similar legal/administrative order requiring action by Lab so that Client might also take appropriate action.c. Assume responsibility for the quality of its services.d. Prepare and maintain accurate records.
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
e. Obtain or maintain any permit(s), license(s), or certification(s) as necessary for the performance of its services.f. Charge its fees on a net 30 basis (unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge onany unpaid balances.g. Invoice Client for each sample or SDG as reported.h. Assume risk of loss or damage to any Client sample(s) upon SDA.i. Initiate analysis within established holding times – so long as SDA occurred within 48 hours of collection or the first half of themaximum allowed holding time.j. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attorneys’ fees) to the extent they werecaused by Lab’s: breach of these Terms; negligence or willful misconduct; or the negligence and willful misconduct of persons forwhom Lab is legally responsible.k. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability orfitness for a particular purpose.
:4. Lab's Discretionary Actions
Lab may:a. Cease all services, including any release of data, if Client does not pay as agreedb. Reject or rescind any SDA if Lab decides sample poses a riskc. Charge or bill Client directly for:
i. reasonable attorneys’ feesii. any supplies (including containers) that are not used or returnediii. outbound/return shippingiv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab’s SDA thereofv. disposal of any other samples that have not been reclaimed within 30 days of Lab’s SDA thereof, or as otherwise requiredvi. a minimum fee for invoicing and/or handling samples, andvii. any sample that underwent SDA, but was subsequently, at Client’s direction, not analyzed.
d. Return unused portions of samples found or suspected to be hazardous to Client, at Client’s cost.e. Retain Client’s unreleased data and/or cancel Client’s web portal access pending payment in full
: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or5. Confidentialityconfidential information of each other and that they will not disclose such information except to those employees, subcontractors, or agentswho have expressly agreed to maintain confidentiality.
These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to:6. Governing Lawthe principles of conflicts of law thereof.
The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated: 7. Termin accordance with Section 8. below
:8. Terminationa. Either party may terminate these Terms upon 30 days’ prior written notice.b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab’s dated invoice.
:9. Limitation of Liability
a. If a court of competent jurisdiction finds that Lab failed to meet applicable standards and if Client suffers damages as a result, Lab’saggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services.b. This limitation shall not apply to any Client losses arising from Lab’s negligence or willful misconduct, so long as Client: i. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same.c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitivedamages.
Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless: 10. Amendment/Change Orderreduced to writing and signed by both Parties.
Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to ten (10):11. Storage of Datayears depending upon the applicable requirements.
: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while12. Intellectual Propertyperforming services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same.
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services:13. Non-competitiongoverned by these Terms.
Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the:14. Non-assignmentother party, except that Lab may freely transfer the services to another Lab location or, with Client’s permission, subcontract the services to athird-party.
Lab carries insurance with the limits of coverage as indicated below and will, upon Client’s request, submit certificates of:15. Insuranceinsurance showing same.
a. General Liability - $1,000,000 each occurrence; $2,000,000 general aggregate;b. Personal and Advertising Injury - $1,000,000;c. Automobile Liability - $1,000,000 combined single limit;d. Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence;e. Worker’s Compensation Insurance - statutory limits; andf. Professional Liability $5,000,000 aggregate, $5,000,000 per claim.
:16. Miscellaneous Provisionsa. In the absence of an executed agreement between the Parties, the SDA will constitute acceptance of these Terms by Client.b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and anyamendments, notices, records, disclosures, or other documents of any type sent or received in accordance with these Terms.c. The Parties are at all times acting and performing as independent contractors; neither one shall ever be considered an agent,servant, employee, or partner of the other.d. These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns.e. Lab’s compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties.f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms.
Client and Lab have executed this Agreement through their duly authorized representatives as of the last dateIN WITNESS WHEREOF,
below:
[Client]
By: Name: Title: Date: Pace Analytical By: Name: Title: Date:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative.•Proposal expires 60 days from created date above, unless accepted, signed and returned.
$180.00Grand-Total
SCS EngineersShip To Name
1900 NW Corporate Blvd Suite E300Boca Raton, FL 33431USA
Bill To
SCS EngineersBill To Name
Trip BlankRequired?
Standard Level IIReport Level
8/26/2021Expiration Date
8/27/2020Created Date
Quarterly Revised CEP April and OctoberSpecial Instructions
Standard TAT is 5-7 working daysTurn Around Time
FLProject Location
00081993Quote Number
WM - Monarch HillQuote Name
Stacy Kennedy (615) [email protected]
Pace ProjectManager
Terrie FudgePrepared By
(954) 571-9200Phone
SCS EngineersAccount Name
Myles ClewnerContact Name
Contact Information
Project Information
Address Information
Quote Details
Quantity Method Matrix ProductLine ItemDescription
SalesPrice
Sub-Total Total-Price
1.00 SM 2540CWaterOnly
Solids, Total Dissolved (TDS) $15.00 $15.00 $15.00
1.00 EPA 300.0WaterOnly
Chloride (water) $15.00 $15.00 $15.00
1.00 EPA 350.1WaterOnly
Nitrogen, Ammonia (water) $15.00 $15.00 $15.00
1.00EPA 6010B/ 200.7(ICP)
WaterOnly
Sodium (Na)-Each addt'l metal Total Recoverable $25.00 $25.00 $25.00
1.00EPA 6020/ 200.8(ICP/MS)
WaterOnly
Arsenic (As)-each addt'l metal Total Recoverable $30.00 $30.00 $30.00
1.00 EPA 8260WaterOnly
Volatile Organic Compounds (VOCs)(water)
$80.00 $80.00 $80.00
Additional Pricing Considerations:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
These Standard Terms (Terms) govern all services that Pace Analytical ______________ (“Lab”) will perform on behalf of_________________________ (“Client”), and supersede any other written provisions (including purchase/work orders) related to the services,as well as all prior discussions, courses of dealing, and/or performance, unless a separate, executed agreement for the same or similarservices already exists between the Lab and Client (collectively "the Parties), or the Parties subsequently agree to terminate or amend theseTerms, as allowed in Sections 8 and 10, respectively.
: 1. Definitions:Holding Time The maximum amount of time a sample may be stored before being analyzed.
: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced bySample Delivery Acceptance (SDA)either a notation on the Chain of Custody or an entry in the Lab’s information management system (LIMS).
: A set of samples normally shipped and reported to the Lab as a group.Sample Delivery Group (SDG) The maximum allowable period within which Lab must report out its analytical testing results to Client, calculated:Turnaround Time (TAT)
from the date of SDA.
:2. Client’s Obligations
a. Client must complete one (1) of the following steps to initiate Lab’s services:i. submit a completed (hard-copy) purchase orderii. place a telephone orderiii. email a requestiv. attach a completed purchase order to an emailv. approve Lab’s quotation, orvi. place an order for Lab’s supplies via Lab’s website.
b. Subject to occasional, mutually agreed-upon exceptions, Client must, for each sample delivered to Lab, provide all of the followinginformation:
i. a minimum of five (5) days’ prior noticeii. the name of the responsible project manageriii. the name of the person submitting the sampleiv. the specific collection sitev. the date and time of collectionvi. the specific testing being requested, andvii. sufficient details about reporting requirement(s).
c. Client shall also:
i. remain liable for any or to SDAloss damage sample(s) until ii. pay all invoices in full on a net 30 basis or as otherwise agreed in writingiii. notify Lab about any disputed charges or results within 30 days of receiving applicable invoiceiv. reimburse Lab for any costs, including attorneys’ fees, required to collect delinquent paymentsv. demonstrate its (or, if applicable, the Prime Client's) credit worthiness by accessing the following link:https://www.pacelabs.com/my-account.html and clicking on "Client Profile Information." (Note: Client must pre-pay for servicespending completion of this process and LAB's approval of a credit line.)vi. pay for any services it orders on any sample(s) already analyzed by Lab.vii. obtain Lab’s prior written consent before assigning billing or payment of Lab services to any credit-worthy third party,(failure to do so shall mean Client remains responsible for the payment of any outstanding balance)viii. refrain from using any of Lab’s supplies (e.g., sample containers) in connection with any non-Lab servicesix. ensure that any sample(s) containing any known hazardous substance is (are) labeled, packaged, manifested, transported,and delivered to Lab in accordance with all applicable regulationsx. obtain Lab’s prior written consent before publishing Lab’s name and/or any dataxi. reimburse Lab for any out-of-scope services and related expenses (e.g., defending its analytical results or responding to asubpoena for documents and/or expert testimony)
• Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise.• If project specific MS/MSD samples are submitted, they may be billable.• Volatile soils need to be frozen within 48 hours of collection. To facilitate this, they should be submitted to the lab within 40 hours ofcollection.• TAT (Turn Around Time) is in working days unless otherwise specified above.• To ensure requested TAT is available, please coordinate with your Pace Analytical representative at time of sample submittal.• Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices.• Please include Quote Number on Chain-of-custody to ensure proper billing.• Pricing includes standard delivery of bottle/sample kits and coolers.• Charges will apply for non-standard shipping and for projects where shipping exceeds 10% of the total analytical costs of the shipment.
Pace Analytical Terms and Conditions
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
xii. excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other“Force Majeure” event or circumstance beyond Lab’s control, such as government shutdowns, natural disasters, labor strikes,or acts of God; andxiii. accept responsibility for any claims, damages, losses, expenses, etc. (including reasonable attorneys ’ fees) to the extentthey were caused by Client’s: breach of these Terms; negligence or willful misconduct (which expressly includes Client’s useof Lab’s name and/or data for anything other than the specific purpose for which it was intended); or violation of applicablelaws.
: 3. Lab’s Obligations
Lab shall:a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionallyrecognized standards.b. Promptly notify Client of any: i. missing sample(s) and/or sample(s) received in damaged, contaminated, improperly preserved condition, or ii. subpoena or similar legal/administrative order requiring action by Lab so that Client might also take appropriate action.c. Assume responsibility for the quality of its services.d. Prepare and maintain accurate records.e. Obtain or maintain any permit(s), license(s), or certification(s) as necessary for the performance of its services.f. Charge its fees on a net 30 basis (unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge onany unpaid balances.g. Invoice Client for each sample or SDG as reported.h. Assume risk of loss or damage to any Client sample(s) upon SDA.i. Initiate analysis within established holding times – so long as SDA occurred within 48 hours of collection or the first half of themaximum allowed holding time.j. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attorneys’ fees) to the extent they werecaused by Lab’s: breach of these Terms; negligence or willful misconduct; or the negligence and willful misconduct of persons forwhom Lab is legally responsible.k. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability orfitness for a particular purpose.
:4. Lab's Discretionary Actions
Lab may:a. Cease all services, including any release of data, if Client does not pay as agreedb. Reject or rescind any SDA if Lab decides sample poses a riskc. Charge or bill Client directly for:
i. reasonable attorneys’ feesii. any supplies (including containers) that are not used or returnediii. outbound/return shippingiv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab’s SDA thereofv. disposal of any other samples that have not been reclaimed within 30 days of Lab’s SDA thereof, or as otherwise requiredvi. a minimum fee for invoicing and/or handling samples, andvii. any sample that underwent SDA, but was subsequently, at Client’s direction, not analyzed.
d. Return unused portions of samples found or suspected to be hazardous to Client, at Client’s cost.e. Retain Client’s unreleased data and/or cancel Client’s web portal access pending payment in full
: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or5. Confidentialityconfidential information of each other and that they will not disclose such information except to those employees, subcontractors, or agentswho have expressly agreed to maintain confidentiality.
These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to:6. Governing Lawthe principles of conflicts of law thereof.
The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated: 7. Termin accordance with Section 8. below
:8. Terminationa. Either party may terminate these Terms upon 30 days’ prior written notice.b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab’s dated invoice.
:9. Limitation of Liability
a. If a court of competent jurisdiction finds that Lab failed to meet applicable standards and if Client suffers damages as a result, Lab’saggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services.b. This limitation shall not apply to any Client losses arising from Lab’s negligence or willful misconduct, so long as Client: i. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same.c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitivedamages.
Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless: 10. Amendment/Change Orderreduced to writing and signed by both Parties.
Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to ten (10):11. Storage of Datayears depending upon the applicable requirements.
: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while12. Intellectual Propertyperforming services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same.
Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services:13. Non-competitiongoverned by these Terms.
Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the:14. Non-assignmentother party, except that Lab may freely transfer the services to another Lab location or, with Client’s permission, subcontract the services to athird-party.
Lab carries insurance with the limits of coverage as indicated below and will, upon Client’s request, submit certificates of:15. Insuranceinsurance showing same.
a. General Liability - $1,000,000 each occurrence; $2,000,000 general aggregate;b. Personal and Advertising Injury - $1,000,000;c. Automobile Liability - $1,000,000 combined single limit;d. Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence;e. Worker’s Compensation Insurance - statutory limits; andf. Professional Liability $5,000,000 aggregate, $5,000,000 per claim.
:16. Miscellaneous Provisionsa. In the absence of an executed agreement between the Parties, the SDA will constitute acceptance of these Terms by Client.b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and anyamendments, notices, records, disclosures, or other documents of any type sent or received in accordance with these Terms.c. The Parties are at all times acting and performing as independent contractors; neither one shall ever be considered an agent,servant, employee, or partner of the other.d. These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns.e. Lab’s compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties.f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms.
Client and Lab have executed this Agreement through their duly authorized representatives as of the last dateIN WITNESS WHEREOF,
below:
[Client]
By: Name: Title: Date: Pace Analytical
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
By: Name: Title: Date:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative.•Proposal expires 60 days from created date above, unless accepted, signed and returned.• Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise.• If project specific MS/MSD samples are submitted, they may be billable.• Volatile soils need to be frozen within 48 hours of collection. To facilitate this, they should be submitted to the lab within 40 hours ofcollection.• TAT (Turn Around Time) is in working days unless otherwise specified above.• To ensure requested TAT is available, please coordinate with your Pace Analytical representative at time of sample submittal.• Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices.• Please include Quote Number on Chain-of-custody to ensure proper billing.• Pricing includes standard delivery of bottle/sample kits and coolers.• Charges will apply for non-standard shipping and for projects where shipping exceeds 10% of the total analytical costs of the shipment.
$105.00Grand-Total
SCS EngineersShip To Name
1900 NW Corporate Blvd Suite E300Boca Raton, FL 33431USA
Bill To
SCS EngineersBill To Name
Trip BlankRequired?
Standard Level IIReport Level
8/27/2020Expiration Date
8/27/2020Created Date
Semi Annual Add. Tests OctSpecial Instructions
Standard TAT is 5-7 Business DaysTurn Around Time
FLProject Location
00082031Quote Number
Semi Annual Add. Tests OctQuote Name
Stacy Kennedy (615) [email protected]
Pace ProjectManager
Terrie FudgePrepared By
(954) 571-9200Phone
SCS EngineersAccount Name
Myles ClewnerContact Name
Contact Information
Project Information
Address Information
Quote Details
Quantity Method Matrix ProductLine ItemDescription
SalesPrice
Sub-Total Total-Price
1.00EPA 6010B/ 200.7(ICP)
WaterOnly
Aluminum (Al)-Each addt'l metal Total Recoverable $25.00 $25.00 $25.00
1.00 EPA 8260WaterOnly
Volatile Organic Compounds (VOCs)(water)
$80.00 $80.00 $80.00
Additional Pricing Considerations:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
These Standard Terms (Terms) govern all services that Pace Analytical ______________ (“Lab”) will perform on behalf of_________________________ (“Client”), and supersede any other written provisions (including purchase/work orders) related to the services,as well as all prior discussions, courses of dealing, and/or performance, unless a separate, executed agreement for the same or similarservices already exists between the Lab and Client (collectively "the Parties), or the Parties subsequently agree to terminate or amend theseTerms, as allowed in Sections 8 and 10, respectively.
: 1. Definitions:Holding Time The maximum amount of time a sample may be stored before being analyzed.
: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced bySample Delivery Acceptance (SDA)either a notation on the Chain of Custody or an entry in the Lab’s information management system (LIMS).
: A set of samples normally shipped and reported to the Lab as a group.Sample Delivery Group (SDG) The maximum allowable period within which Lab must report out its analytical testing results to Client, calculated:Turnaround Time (TAT)
from the date of SDA.
:2. Client’s Obligations
a. Client must complete one (1) of the following steps to initiate Lab’s services:i. submit a completed (hard-copy) purchase orderii. place a telephone orderiii. email a requestiv. attach a completed purchase order to an emailv. approve Lab’s quotation, orvi. place an order for Lab’s supplies via Lab’s website.
b. Subject to occasional, mutually agreed-upon exceptions, Client must, for each sample delivered to Lab, provide all of the followinginformation:
i. a minimum of five (5) days’ prior noticeii. the name of the responsible project manageriii. the name of the person submitting the sampleiv. the specific collection sitev. the date and time of collectionvi. the specific testing being requested, andvii. sufficient details about reporting requirement(s).
c. Client shall also:
i. remain liable for any or to SDAloss damage sample(s) until ii. pay all invoices in full on a net 30 basis or as otherwise agreed in writingiii. notify Lab about any disputed charges or results within 30 days of receiving applicable invoiceiv. reimburse Lab for any costs, including attorneys’ fees, required to collect delinquent paymentsv. demonstrate its (or, if applicable, the Prime Client's) credit worthiness by accessing the following link:https://www.pacelabs.com/my-account.html and clicking on "Client Profile Information." (Note: Client must pre-pay for servicespending completion of this process and LAB's approval of a credit line.)vi. pay for any services it orders on any sample(s) already analyzed by Lab.vii. obtain Lab’s prior written consent before assigning billing or payment of Lab services to any credit-worthy third party,(failure to do so shall mean Client remains responsible for the payment of any outstanding balance)viii. refrain from using any of Lab’s supplies (e.g., sample containers) in connection with any non-Lab servicesix. ensure that any sample(s) containing any known hazardous substance is (are) labeled, packaged, manifested, transported,and delivered to Lab in accordance with all applicable regulationsx. obtain Lab’s prior written consent before publishing Lab’s name and/or any dataxi. reimburse Lab for any out-of-scope services and related expenses (e.g., defending its analytical results or responding to asubpoena for documents and/or expert testimony)xii. excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other“Force Majeure” event or circumstance beyond Lab’s control, such as government shutdowns, natural disasters, labor strikes,or acts of God; andxiii. accept responsibility for any claims, damages, losses, expenses, etc. (including reasonable attorneys ’ fees) to the extentthey were caused by Client’s: breach of these Terms; negligence or willful misconduct (which expressly includes Client’s useof Lab’s name and/or data for anything other than the specific purpose for which it was intended); or violation of applicablelaws.
: 3. Lab’s Obligations
Lab shall:a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionallyrecognized standards.
Pace Analytical Terms and Conditions
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
b. Promptly notify Client of any: i. missing sample(s) and/or sample(s) received in damaged, contaminated, improperly preserved condition, or ii. subpoena or similar legal/administrative order requiring action by Lab so that Client might also take appropriate action.c. Assume responsibility for the quality of its services.d. Prepare and maintain accurate records.e. Obtain or maintain any permit(s), license(s), or certification(s) as necessary for the performance of its services.f. Charge its fees on a net 30 basis (unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge onany unpaid balances.g. Invoice Client for each sample or SDG as reported.h. Assume risk of loss or damage to any Client sample(s) upon SDA.i. Initiate analysis within established holding times – so long as SDA occurred within 48 hours of collection or the first half of themaximum allowed holding time.j. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attorneys’ fees) to the extent they werecaused by Lab’s: breach of these Terms; negligence or willful misconduct; or the negligence and willful misconduct of persons forwhom Lab is legally responsible.k. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability orfitness for a particular purpose.
:4. Lab's Discretionary Actions
Lab may:a. Cease all services, including any release of data, if Client does not pay as agreedb. Reject or rescind any SDA if Lab decides sample poses a riskc. Charge or bill Client directly for:
i. reasonable attorneys’ feesii. any supplies (including containers) that are not used or returnediii. outbound/return shippingiv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab’s SDA thereofv. disposal of any other samples that have not been reclaimed within 30 days of Lab’s SDA thereof, or as otherwise requiredvi. a minimum fee for invoicing and/or handling samples, andvii. any sample that underwent SDA, but was subsequently, at Client’s direction, not analyzed.
d. Return unused portions of samples found or suspected to be hazardous to Client, at Client’s cost.e. Retain Client’s unreleased data and/or cancel Client’s web portal access pending payment in full
: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or5. Confidentialityconfidential information of each other and that they will not disclose such information except to those employees, subcontractors, or agentswho have expressly agreed to maintain confidentiality.
These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to:6. Governing Lawthe principles of conflicts of law thereof.
The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated: 7. Termin accordance with Section 8. below
:8. Terminationa. Either party may terminate these Terms upon 30 days’ prior written notice.b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab’s dated invoice.
:9. Limitation of Liability
a. If a court of competent jurisdiction finds that Lab failed to meet applicable standards and if Client suffers damages as a result, Lab’saggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services.b. This limitation shall not apply to any Client losses arising from Lab’s negligence or willful misconduct, so long as Client: i. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same.c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitivedamages.
Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless: 10. Amendment/Change Orderreduced to writing and signed by both Parties.
Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to ten (10):11. Storage of Datayears depending upon the applicable requirements.
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while12. Intellectual Propertyperforming services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same.
Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services:13. Non-competitiongoverned by these Terms.
Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the:14. Non-assignmentother party, except that Lab may freely transfer the services to another Lab location or, with Client’s permission, subcontract the services to athird-party.
Lab carries insurance with the limits of coverage as indicated below and will, upon Client’s request, submit certificates of:15. Insuranceinsurance showing same.
a. General Liability - $1,000,000 each occurrence; $2,000,000 general aggregate;b. Personal and Advertising Injury - $1,000,000;c. Automobile Liability - $1,000,000 combined single limit;d. Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence;e. Worker’s Compensation Insurance - statutory limits; andf. Professional Liability $5,000,000 aggregate, $5,000,000 per claim.
:16. Miscellaneous Provisionsa. In the absence of an executed agreement between the Parties, the SDA will constitute acceptance of these Terms by Client.b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and anyamendments, notices, records, disclosures, or other documents of any type sent or received in accordance with these Terms.c. The Parties are at all times acting and performing as independent contractors; neither one shall ever be considered an agent,servant, employee, or partner of the other.d. These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns.e. Lab’s compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties.f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms.
Client and Lab have executed this Agreement through their duly authorized representatives as of the last dateIN WITNESS WHEREOF,
below:
[Client]
By: Name: Title: Date: Pace Analytical By: Name: Title: Date:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
SCS EngineersShip To Name
1900 NW Corporate Blvd Suite E300Boca Raton, FL 33431USA
Bill To
SCS EngineersBill To Name
Trip BlankRequired?
Standard Level IIReport Level
8/27/2021Expiration Date
8/27/2020Created Date
Semi Annual GW OCTSpecial Instructions
Standard TAT is 5-7 Business DaysTurn Around Time
FLProject Location
00082033Quote Number
Semi Annual GW OCTQuote Name
Stacy Kennedy (615) [email protected]
Pace ProjectManager
Terrie FudgePrepared By
(954) 571-9200Phone
SCS EngineersAccount Name
Myles ClewnerContact Name
Contact Information
Project Information
Address Information
Quote Details
Quantity Method Matrix ProductLine ItemDescription
SalesPrice
Sub-Total Total-Price
1.00 SM 2540CWaterOnly
Solids, Total Dissolved (TDS) $15.00 $15.00 $15.00
1.00 EPA 300.0WaterOnly
Chloride (water) $15.00 $15.00 $15.00
1.00 EPA 300.0WaterOnly
Nitrogen, Nitrate (water) $15.00 $15.00 $15.00
1.00 EPA 350.1WaterOnly
Nitrogen, Ammonia (water) $15.00 $15.00 $15.00
1.00EPA 6010/200.7(ICP)
WaterOnly
Total Metals (water)(12 Metals @ $10ea)
$120.00 $120.00 $120.00
1.00EPA 200.8(ICP/MS)
WaterOnly
Total Metals (water) 4 Metals ($15 ea) $60.00 $60.00 $60.00
1.00 EPA 7470AWaterOnly
Mercury (Hg) (water) $20.00 $20.00 $20.00
1.00 EPA 8011WaterOnly
EDB/ DBCP $75.00 $75.00 $75.00
1.00 EPA 8260WaterOnly
Volatile Organic Compounds (VOCs)(water)
$80.00 $80.00 $80.00
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
These Standard Terms (Terms) govern all services that Pace Analytical ______________ (“Lab”) will perform on behalf of_________________________ (“Client”), and supersede any other written provisions (including purchase/work orders) related to the services,as well as all prior discussions, courses of dealing, and/or performance, unless a separate, executed agreement for the same or similarservices already exists between the Lab and Client (collectively "the Parties), or the Parties subsequently agree to terminate or amend theseTerms, as allowed in Sections 8 and 10, respectively.
: 1. Definitions:Holding Time The maximum amount of time a sample may be stored before being analyzed.
: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced bySample Delivery Acceptance (SDA)either a notation on the Chain of Custody or an entry in the Lab’s information management system (LIMS).
: A set of samples normally shipped and reported to the Lab as a group.Sample Delivery Group (SDG) The maximum allowable period within which Lab must report out its analytical testing results to Client, calculated:Turnaround Time (TAT)
from the date of SDA.
:2. Client’s Obligations
a. Client must complete one (1) of the following steps to initiate Lab’s services:i. submit a completed (hard-copy) purchase orderii. place a telephone orderiii. email a requestiv. attach a completed purchase order to an emailv. approve Lab’s quotation, orvi. place an order for Lab’s supplies via Lab’s website.
b. Subject to occasional, mutually agreed-upon exceptions, Client must, for each sample delivered to Lab, provide all of the followinginformation:
i. a minimum of five (5) days’ prior noticeii. the name of the responsible project manageriii. the name of the person submitting the sampleiv. the specific collection sitev. the date and time of collectionvi. the specific testing being requested, andvii. sufficient details about reporting requirement(s).
c. Client shall also:
i. remain liable for any or to SDAloss damage sample(s) until ii. pay all invoices in full on a net 30 basis or as otherwise agreed in writingiii. notify Lab about any disputed charges or results within 30 days of receiving applicable invoiceiv. reimburse Lab for any costs, including attorneys’ fees, required to collect delinquent paymentsv. demonstrate its (or, if applicable, the Prime Client's) credit worthiness by accessing the following link:https://www.pacelabs.com/my-account.html and clicking on "Client Profile Information." (Note: Client must pre-pay for servicespending completion of this process and LAB's approval of a credit line.)vi. pay for any services it orders on any sample(s) already analyzed by Lab.
If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative.•Proposal expires 60 days from created date above, unless accepted, signed and returned.• Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise.• If project specific MS/MSD samples are submitted, they may be billable.• Volatile soils need to be frozen within 48 hours of collection. To facilitate this, they should be submitted to the lab within 40 hours ofcollection.• TAT (Turn Around Time) is in working days unless otherwise specified above.• To ensure requested TAT is available, please coordinate with your Pace Analytical representative at time of sample submittal.• Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices.• Please include Quote Number on Chain-of-custody to ensure proper billing.• Pricing includes standard delivery of bottle/sample kits and coolers.• Charges will apply for non-standard shipping and for projects where shipping exceeds 10% of the total analytical costs of the shipment.
$415.00Grand-Total
Additional Pricing Considerations:
Pace Analytical Terms and Conditions
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
vii. obtain Lab’s prior written consent before assigning billing or payment of Lab services to any credit-worthy third party,(failure to do so shall mean Client remains responsible for the payment of any outstanding balance)viii. refrain from using any of Lab’s supplies (e.g., sample containers) in connection with any non-Lab servicesix. ensure that any sample(s) containing any known hazardous substance is (are) labeled, packaged, manifested, transported,and delivered to Lab in accordance with all applicable regulationsx. obtain Lab’s prior written consent before publishing Lab’s name and/or any dataxi. reimburse Lab for any out-of-scope services and related expenses (e.g., defending its analytical results or responding to asubpoena for documents and/or expert testimony)xii. excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other“Force Majeure” event or circumstance beyond Lab’s control, such as government shutdowns, natural disasters, labor strikes,or acts of God; andxiii. accept responsibility for any claims, damages, losses, expenses, etc. (including reasonable attorneys ’ fees) to the extentthey were caused by Client’s: breach of these Terms; negligence or willful misconduct (which expressly includes Client’s useof Lab’s name and/or data for anything other than the specific purpose for which it was intended); or violation of applicablelaws.
: 3. Lab’s Obligations
Lab shall:a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionallyrecognized standards.b. Promptly notify Client of any: i. missing sample(s) and/or sample(s) received in damaged, contaminated, improperly preserved condition, or ii. subpoena or similar legal/administrative order requiring action by Lab so that Client might also take appropriate action.c. Assume responsibility for the quality of its services.d. Prepare and maintain accurate records.e. Obtain or maintain any permit(s), license(s), or certification(s) as necessary for the performance of its services.f. Charge its fees on a net 30 basis (unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge onany unpaid balances.g. Invoice Client for each sample or SDG as reported.h. Assume risk of loss or damage to any Client sample(s) upon SDA.i. Initiate analysis within established holding times – so long as SDA occurred within 48 hours of collection or the first half of themaximum allowed holding time.j. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attorneys’ fees) to the extent they werecaused by Lab’s: breach of these Terms; negligence or willful misconduct; or the negligence and willful misconduct of persons forwhom Lab is legally responsible.k. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability orfitness for a particular purpose.
:4. Lab's Discretionary Actions
Lab may:a. Cease all services, including any release of data, if Client does not pay as agreedb. Reject or rescind any SDA if Lab decides sample poses a riskc. Charge or bill Client directly for:
i. reasonable attorneys’ feesii. any supplies (including containers) that are not used or returnediii. outbound/return shippingiv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab’s SDA thereofv. disposal of any other samples that have not been reclaimed within 30 days of Lab’s SDA thereof, or as otherwise requiredvi. a minimum fee for invoicing and/or handling samples, andvii. any sample that underwent SDA, but was subsequently, at Client’s direction, not analyzed.
d. Return unused portions of samples found or suspected to be hazardous to Client, at Client’s cost.e. Retain Client’s unreleased data and/or cancel Client’s web portal access pending payment in full
: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or5. Confidentialityconfidential information of each other and that they will not disclose such information except to those employees, subcontractors, or agentswho have expressly agreed to maintain confidentiality.
These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to:6. Governing Lawthe principles of conflicts of law thereof.
The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated: 7. Termin accordance with Section 8. below
:8. Termination
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
a. Either party may terminate these Terms upon 30 days’ prior written notice.b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab’s dated invoice.
:9. Limitation of Liability
a. If a court of competent jurisdiction finds that Lab failed to meet applicable standards and if Client suffers damages as a result, Lab’saggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services.b. This limitation shall not apply to any Client losses arising from Lab’s negligence or willful misconduct, so long as Client: i. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same.c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitivedamages.
Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless: 10. Amendment/Change Orderreduced to writing and signed by both Parties.
Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to ten (10):11. Storage of Datayears depending upon the applicable requirements.
: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while12. Intellectual Propertyperforming services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same.
Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services:13. Non-competitiongoverned by these Terms.
Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the:14. Non-assignmentother party, except that Lab may freely transfer the services to another Lab location or, with Client’s permission, subcontract the services to athird-party.
Lab carries insurance with the limits of coverage as indicated below and will, upon Client’s request, submit certificates of:15. Insuranceinsurance showing same.
a. General Liability - $1,000,000 each occurrence; $2,000,000 general aggregate;b. Personal and Advertising Injury - $1,000,000;c. Automobile Liability - $1,000,000 combined single limit;d. Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence;e. Worker’s Compensation Insurance - statutory limits; andf. Professional Liability $5,000,000 aggregate, $5,000,000 per claim.
:16. Miscellaneous Provisionsa. In the absence of an executed agreement between the Parties, the SDA will constitute acceptance of these Terms by Client.b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and anyamendments, notices, records, disclosures, or other documents of any type sent or received in accordance with these Terms.c. The Parties are at all times acting and performing as independent contractors; neither one shall ever be considered an agent,servant, employee, or partner of the other.d. These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns.e. Lab’s compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties.f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms.
Client and Lab have executed this Agreement through their duly authorized representatives as of the last dateIN WITNESS WHEREOF,
below:
Pace AnalyticalNational Center for Testing & Innovation
12065 Lebanon Rd.Mt. Juliet, TN 37122
Phone: 615-758-5858Fax: 615-758-5859
[Client]
By: Name: Title: Date: Pace Analytical By: Name: Title: Date:
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Ricklin, Belinda
From: Danny Armour <[email protected]>Sent: Friday, September 4, 2020 12:02 PMTo: Clewner, MylesSubject: Re: Monarch Hill
Categories: Filed by Newforma
This email originated from outside of SCS Engineers. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yes, valid Sent from my iPhone > On Sep 4, 2020, at 12:00 PM, Clewner, Myles <[email protected]> wrote: > > Good morning, Dan. We need to update the financial assurance for Monarch Hill. You had previously sent me the costs below. Are these still valid for the site? Thank you. > > > Myles Clewner, L.E.P. > SCS Engineers > Boca Raton, FL > 786‐804‐6138 (W) > 561‐441‐1458 (C) > [email protected] > > www.scsengineers.com > > > ‐‐‐‐‐Original Message‐‐‐‐‐ > From: Danny Armour <[email protected]> > Sent: Monday, August 14, 2017 11:24 AM > To: Clewner, Myles <[email protected]> > Subject: Re: Monarch Hill > > Yes, Myles. That is correct for Monarch Hill. > $7300 each S/A event, $14600 annually. > > I do not think we do any more quarterly work. > > Sent from my iPhone > >> On Aug 14, 2017, at 11:14 AM, "Clewner, Myles" <[email protected]> wrote: >> >> Good morning. We need to update the closure cost / long term care estimate for Monarch Hill. Can you please verify that these costs are still valid? Thank you.
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>> >> >> Myles Clewner, L.E.P. >> SCS Engineers ‐ Boca Raton, FL >> 786‐804‐6138 (W) >> 561‐441‐1458 (C) >> [email protected] >> >> >> ‐‐‐‐‐Original Message‐‐‐‐‐ >> From: Kadambala, Ravi >> Sent: Tuesday, August 08, 2017 12:05 PM >> To: Clewner, Myles >> Subject: FW: Monarch Hill >> >> Myles, >> Can you check if these quotes are still valid for Monarch Hill? >> >> Thanks, >> >> Ravi Kadambala, Ph.D., P.E. >> Project Manager >> SCS Engineers >> 1900 NW Corporate Blvd., Suite W110 >> Boca Raton, FL 33431 >> (786) 804‐6139 (W) >> (352) 870‐8764 (C ) >> [email protected] >> www.scsengineers.com >> >> Ownership Makes a Difference! >> >> >> ‐‐‐‐‐Original Message‐‐‐‐‐ >> From: Clewner, Myles >> Sent: Friday, March 11, 2016 1:42 PM >> To: Kadambala, Ravi <[email protected]> >> Subject: FW: Monarch Hill >> >> >> >> ‐‐‐‐‐Original Message‐‐‐‐‐ >> From: Danny Armour [mailto:[email protected]] >> Sent: Friday, March 11, 2016 12:53 PM >> To: Clewner, Myles >> Cc: Clewner, Myles >> Subject: Monarch Hill >> >> Myles, >> >> Pro‐Tech has been providing our routine sampling services to Monarch Hill Landfill for the past 28 years. >> We can continue this project on a semi‐annual schedule into the future.
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>> Our proposed cost to complete each Semi‐annual event is $7300, resulting in an annual total of $14,600. >> >> Very Truly Yours, >> >> Danny S. Armour >> Vice President >> Pro‐Tech >> >> Sent from my iPhone