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HomeMy WebLinkAboutCORRESPONDENCE - AGREEMENT MISC - SD MEYERS INCOctober 31, 2017 SD Meyers LLC Attn: Sindi Harrison 180 South Avenue Tallmadge, OH 44278 RE: Renewal, Misc. Agreement - Oil Sampling from Live Substation Transformers Dear Ms. Harrison: The City of Fort Collins wishes to extend the agreement term for the above captioned proposal per the existing terms and conditions and the following: 1) The term will be extended for one (1) additional year, November 6, 2017 through November 5, 2018. 2) Revised rates, effective November 6, 2017, as attached. If the renewal is acceptable to your firm, please sign this letter in the space provided and include a current copy of insurance certificate naming the City as an additional insured for General and Automotive Liability within the next fifteen (15) days. If this extension is not agreeable with your firm, we ask that you send us a written notice stating that you do not wish to renew the contract and state the reason for non-renewal. Please contact Pat Johnson, CPPB, Senior Buyer at (970) 221-6816 if you have any questions regarding this matter. Sincerely, Gerry S. Paul Director of Purchasing __________________________________________ ________________ Signature Date (Please indicate your desire to renew Miscellaneous Agreement - Oil Sampling from Live Substation Transformers by signing this letter and returning it to Purchasing Division within the next fifteen days.) GSP:jg Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov.com/purchasing DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 11/1/2017 Analytical Services Quotation SD Myers LLC 180 South Avenue, Tallmadge, OH 44278 Page: 1 Fort Collins, CO 80521 September 13, 2017 PO Box 580 Fort Collins, CO 80521 700 Wood Street 700 Wood Street 10177412 Kevin Knotts Kevin Knotts Fort Collins Light & Power Dept. Fort Collins Light & Power Dept. Equipment Location: Quotation No. Customer No. 0029770 SD Myers LLC (SDM) Analytical Services is pleased to submit this quotation for your review and approval. Per our discussion, our pricing will be as follows: Item No. Description Unit Price Qty. Amount 4000 CriticalPac 204.00 16 3,264.00 TC's: 52,54,56,58,60,62,64,66,68,70,72,77,79,81,83,85 4004 LTCPac 102.00 16 1,632.00 TC's: 53,55,57,59,61,63,65,67,69,71,73,78,80,82,84,86 4066 Filming Cmpds/particles 154.00 16 2,464.00 TC's: 53,55,57,59,61,63,65,67,69,71,73,78,80,82,84,86 4041 Oil Screen Test 21.00 2 42.00 TC's: 43,44 4043 K F Dissolved Water 21.00 2 42.00 TC's: 43,44 4054 Power Factor 25.00 1 25.00 TC's: 43 4005 RegPac-Single 102.00 3 306.00 TC's: 74-76 TD-300 Health Center - Fleet 20.00 17 340.00 TC's: 43,52,54,56,58,60,62,64,66,68,70,72,77,79,81,83,85 4500 Inspection & Sampling Up To 1 Day 500.00 1 500.00 TOTAL: 8,615.00 180 South Avenue, Tallmadge, Ohio 44278 USA www.sdmyers.com 1-330-630-7000 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 Page: 2 Quote Number 10177412 SD Myers LLC Diagnostic & Analytical Coord. Brian Carpenter Regards, If you need more information or have any questions about these or additional tests please do not hesitate to contact me at (800) 444-9580 ext. 3903 or Brian.Carpenter@sdmyers.com. Upon approval please confirm via email or fax to (330) 633-8081. Quoted prices are valid for sixty (60) days and contingent upon the quoted test quantities. Any change to the number or type of tests could result in a change in quoted prices. 180 South Avenue, Tallmadge, Ohio 44278 USA www.sdmyers.com 1-330-630-7000 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 Page: 3 Quote Number 10177412 Company Overview SDM has been in the business of testing liquid filled electrical equipment since 1965. From that time we have served tens of thousands of customers and have collected more customer and analytical data than anyone in our industry. This includes millions of transformer test records on hundreds of thousands of transformers. Our database continues to grow as we analyze hundreds of thousands of samples annually to determine reliable life of electrical equipment. In addition to our analytical services we also offer field service consulting to help our customers understand their electrical equipment problems and to understand the type of field services they require. We also offer a variety of educational seminars and materials through our Training and Education department (T&E). Our T&E materials and courses are designed to help individuals better understand their electrical equipment to prevent premature failures and unexpected power outages. Other services offered are international engineering services to help with moisture reduction and PCB removal. Scope of Work Summary SDM will provide the following services for the preventative maintenance of your liquid filled electrical equipment which are further defined in this quote: 1. Scheduling of SDM's Mobile Diagnostic Technician. 2. Perform on-site sampling of liquid filled electrical equipment, equipment inspection, nameplate and equipment data collection. 3. Safely ship samples to our Tallmadge, Ohio lab facility. 4. Test liquid, perform test result analysis, and provide service recommendations. 5. Provide Transformer Dashboard website access to view test results, analysis, recommendations, and reports.** Scheduling An SDM representative will contact you to schedule work. The normal work week for SDM technicians is Monday through Friday. Weekend work and/or specific dates must be scheduled in advance and may result in additional charges. Liquid Filled Electrical Equipment Sampling SDM will provide a qualified technician, tools, supplies, and approved containers to obtain representative samples of liquid from specified electrical equipment. The technician will also perform a visual inspection of the specified equipment, complete a field report and package sample containers for shipment. The samples and field reports will be shipped to SDM laboratory for analysis. You must provide the SDM technician with an escort competent in the knowledge of environmental and safety regulations pertaining to your facility, along with clear and safe access to equipment. Your escort will also be responsible for inspecting all equipment worked on and assuring that all valves are properly and securely closed and no leaks are present. SDM technicians reserve the right to decline any portion of work they deem to be hazardous or unsafe. 180 South Avenue, Tallmadge, Ohio 44278 USA www.sdmyers.com 1-330-630-7000 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 Page: 4 Quote Number 10177412 Safety SDM provides an average of 40 hours of training per year to all of our field technicians including, but not limited to, OSHA 10 hour General Industry Practices, Hazwoper and NFPA 70E training. This training and proper use of personal protective equipment prepares technicians to safely enter substations and collect samples from most energized equipment. To further ensure safety procedures and proper sampling procedures are adhered to, SDM performs periodic check rides with all of our technicians. Insurance SDM carries various types of insurance to industry standards. If it is necessary for you to obtain a copy of SDM's certificate of insurance please let your SDM representative know as soon as possible to avoid any delays in scheduling. Waste Disposal To collect a representative sample it is necessary to flush a volume of fluid from the sample valve prior to collecting the sample. This fluid is classified as waste generated by the customer. SDM technicians are not permitted to remove waste fluid from your site. You are responsible for the proper disposal of all waste fluids generated on site. You should consult federal and state agencies to identify applicable regulations for proper disposal. Sample Shipping Information When shipping samples domestically to a laboratory, you must abide by all regulations listed in the Code of Federal Regulations (49CFR). International shipping must abide by IATA (International Air Transportation Association) regulations. SDM guarantees its customers that the shipping of samples will be in accordance with these regulations. This protects you from any spills and or liabilities that may occur due to improper shipping. Testing, Analysis, and Recommendations All testing will be performed in accordance with ASTM International or other similar standards. Sample test analysis will be evaluated and a report generated for each piece of electrical equipment tested. Reports may include equipment nameplate data, additional equipment data, if applicable, visual inspection data, test results, and test analysis. An Executive Recap Report of all electrical equipment tested in this quote will also be generated to include a summary of the equipment information, test result analysis, and service recommendations. Lab Express results will not contain an Executive Recap Report or any test analysis. Rush Analysis If you request an expedited or rush analysis, additional charges will apply Contact your SDM representative to discuss additional charges and any necessary arrangements for expedited or rush turnaround. 180 South Avenue, Tallmadge, Ohio 44278 USA www.sdmyers.com 1-330-630-7000 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 Page: 5 Quote Number 10177412 Transformer Dashboard For most purchases, analytical data pertaining to each piece of electrical equipment tested, including the reports listed above will be available via SDM Transformer Dashboard at www.transformerdashboard.net. An email notification will be sent to each individual authorized to view test results immediately after testing is complete. The notification e-mail will provide further instructions for accessing test results. OCR results will not be available through Transformer Dashboard. Health Center SDM Health Center combines all test results with a transformer's historical data to give each transformer a rating - At Risk, Service, Watch, or Satisfactory. Health center will economize the amount of time you spend interpreting your owwn test result data and help prioritize the maintenance needs of your transformer fleet. Health Center subscription levels can be customized to transformers deemed critical to your output or to include all transformers to better anticipate upcoming maintenance needs. For more information, plese see: Maintenance Assessment Report Optional Maintenance Assessment Reports are available for each piece of oil filled electrical equipment tested. Maintenance Assessment Reports are a detailed description of the recommended maintenance (including repairs and reclaiming) needed on each piece of equipment based on the test results of the equipment. The Maintenance Assessment Report is a great tool to present to your supervisors, ISO Personnel, and insurance agents. This report takes the guesswork out of what service needs to be done on "QU" (Questionable) and "UN" (Unacceptable) test results. It also gives a clean bill of health on the "AC" (Acceptable) units. Should you have any further questions or would like to see an example of the Maintenance Assessment Report please contact your SDM representative. Payment Payment terms are Net thirty (30) from date of invoice with no discounts. Terms and Conditions This quotation is subject to SDM Analytical Services Terms and Conditions (Revision #3), attached. 180 South Avenue, Tallmadge, Ohio 44278 USA www.sdmyers.com 1-330-630-7000 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 Project Acceptance The undersigned agrees to all the above scope of work as stated and agrees to accept SDM Analytical Services Terms and Conditions (Revision #3). Thank you for your consideration of this proposal. If you would like to move forward, please sign and return this completed form via email or fax it to (330) 633-8081. I thank you again for this opportunity to serve you. If you have any further questions, please call me at (800) 444-9580 ext. 3903. Fort Collins Light & Power Dept. SD Myers LLC Signature Name (print) P.O. Number Date Signature Name (print) Title Date Brian Carpenter Page: 6 Diagnostic & Analytical Coord. Quote Number 10177412 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 Askarel filled transformers 4051 SIL PAC 4041,transformers 4042, 4043 Silicone filled 4010 S-FLUID PAC 4041,fluids 4042, 4043 Apparatus filled with special 4009 SWITCH PAC 4041, 4042, 4043 Switch Gear 4008 OCB PAC 4041,Breakers 4042, 4043 Oil Circuit 4007 REG PAC STEP 4041, 4042, 4043, 4047, 4050, 4054 Regulators 4006 REG PAC THREE 4041, 4042, 4043, 4047, 4050, 4054 Regulators 4005 REG PAC SINGLE 4041, 4042, 4043 Regulators 4004 LTC PAC 4041, 4042, 4043 Load Tap Changers 4003 DISTRIBUTION PAC 4041, 4042, 4043 Distribution class apparatus 4002 POWER PAC 2 4041,transformers 4042, 4043, 4047, 4054 69-230 kV 4001 POWER PAC 1 4041, 4042, 4043, 4046,4047, 4054 69-230 kV transformers with forced oil cooling 4000 CRITICAL PAC 4041, 4042, 4043, 4046, 4047, 4050, 4054 Any apparatus critical to your operation ITEM PACKAGE ITEMSEQUIPMENT INCLUDED IN PACKAGE * RECCOMENDED FOR THIS MaxLife Analytical Test Packages Page: 7 * For the description of the item numbers, see the following page. 4052 4058 4060 4063 ASK PAC WEC PAC SIL PAC PLUS FR3/BIOTEMP PAC 4041, 4043, 4050 4041, 4043 4041, 4042, 4043, 4050 4041, 4042, 4043, 4050, 4054 Wecosol filled transformers Silicone filled transformers with furan test Apparatus with natural and synthetic ester fluids 4012 LTC CRITICAL 4041, 4042, 4043, 4066 Load Tap Changers DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 Page: 8 ^Test method(s) performed with modifications to ensure higher accuracy and quality results. Should you need additional information, please contact us at DL-DASRequest@sdmyers.com. 4084 Viscosity D3104flow 445 Measures oils resistance to Measures remaining acid scavenger in Askarel units retrofilled with perchloroethylene 4083 AGE (allyl glycidyl ether) 4085 Resistivity D 1169 60247 Measures electrical insulating properties of the liquid D 97 3016 Indicates the lowest temperature to which oil may be cooled without limiting the circulation of the oil 4091 Pour Point 4089 Flash Point D 92 60034 Indicates the flammability of an oil 4087 Corrosive Sulfer D 1275 315/86 Test for corrosive sulfur compounds in oil Proprietary Identifies particles and oxidation compounds Particle and Filming Compounds Analysis 4066 D 6786 Provides a general degree of contamination level; useful in accessing the condition of specific types of electrical equipment 4081 Particle Count Distribution 4090Polymerization Degree of D 4243 Measures the remaining life of the paper insulation D 4059 60997 Measures the amount of PCB's present in oil in order to handle and /or dispose of in the manner prescribed by law 4044 Polychlorinated Biphenyls (PCB) 4046 Dissolved Metals (ICP) D 7151 Determines the amount of metals in solution; in conjunction with other tests is a diagnostic tool for transformer operation 4042 Gas Content D 3612 60567 The rate of gas generation and changes in concentration of specific gasses over time may be used to evaluate the condition of electrical apparatus 4050Compounds Furanic D 5837 61198 Determines the aging rate of paper insulation and the type and extent of damage 4043^ Karl Fischer (Water Content) D 1533 60814 High water content may make a dielectric liquid unsuitable for some electrical applications Liquid Power Factor (Dissipation Factor) 4054 D 924 60247 Measures dielectric losses in an oil; indicates presence of contaminates or deterioration products 4047 Oxidation Inhibitor Content D 2668 60666 Measures the amount of inhibitor remaining after oxidation have reduced its concentration 4041** Sediment ** D 1524 Notes particles in the sample: none, light, medium or heavy 4041** Visual Examination ** D 1524 May detect unusual color changes or contamination with particulate matter Specific Gravity ** D 1298 60296 Influences the heat transfer rates and may determine suitability for use in specific applications 4041** Color ** D 1500 60296 Increase in color number indicates deterioration of insulating oil 4041** D 1816 Method for use on oil being processed into apparatus. Should not be used for new oil 4067 Dielectric Breakdown Voltage Dielectric Breakdown Voltage ** D 877 60156 Measures ability of insulating liquid to withstand electric stress without failure; Indicates presence of contaminating agents 4041** Terms and Conditions Page: 9 Analytical Services These terms and conditions apply to all purchases of Analytical Services, DELAYS: from SD Myers LLC, "Seller," or from its agents, employees, officers, representatives, or assigns. The term "Buyer" includes any person, customer, or entity, which may be involved with the selection, order, or use of Seller's services. These terms and conditions shall take precedence over Buyer's supplemental or conflicting terms and conditions of which notice of objection is hereby given. These terms and conditions may only be waived or modified by written agreement signed by an authorized representative of the Seller. Seller assumes no liability for delays caused by strikes, riots, floods, fires, acts of God, or any cause beyond our control, and shall not be required to supply services to Buyer while interruption of service due to any such cause shall continue. In the event Seller is unable to perform due to such causes, Seller may terminate the order without any further liability to Buyer. PRICES AND QUOTATIONS: Prices are subject to change without notice. Written quotes are firm for sixty (60) days from date of quote and are subject to change or termination if Buyer changes test type or quantity. All orders, contracts, terms and conditions are subject to final acceptance or rejection by Seller. Seller will provide site specific sampling kits and shipping containers free of charge within the continuous US with advance notice. Kits are shipped to Buyer via UPS, DHL, or Fed Ex with minimum five (5) businesses days' notice. Rush or courier services for shipping bottles to Buyer is available at additional cost. Return shipments to the laboratory must be freight prepaid unless otherwise arranged. Extra sample kits requested, but not used, may be charged to Buyer at $5 per bottle and $65 per syringe. Payment terms are net thirty (30) days from the date of invoice with no discounts. Checks should include the invoice number(s) to insure credit to your account. Samples will be accepted only when accompanied by a valid purchase order or advance payment. Reports may be held if payments are past due. No orders contingent upon payment from a third party will be accepted. PAYMENT TERMS: Seller will provide on-site service to obtain samples when requested by Buyer. Such service is at Buyers expense and will be reflected by a service charge on the invoice sent to Buyer. ON-SITE SERVICE: Seller requires ten (10) business days' notice for any schedule changes or cancellations. Failure to provide notification of cancellation or ready access will result in cancellation/turn away charges of $800 per day for every day of scheduled work. CANCELLATION: In order to comply with environmental and safety requirements of Buyer's property, Buyer is to provide Seller's personnel with an escort knowledgeable of environmental and safety regulations of Buyer's facility. Buyer must provide clear and safety access to equipment and area that Seller's personnel must work in. Seller's personnel reserve the right to decline any portion of the work they deem hazardous or unsafe. Buyer's escort will accompany and instruct Seller's personnel on safety and environmental regulations, to inspect equipment upon which Seller's personnel have worked and assure that all valves are properly and securely closed, plugged, or capped, and that there are no leaks from the valves or electrical devices. After inspection is complete, Buyer will have an authorized person sign Seller's Job Summary Form. In signing, Buyer will forever hold harmless and indemnify Seller, their employees, The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an ''insured'' for LIABILITY COVERAGE but only to the extent that person or organizat ion qualifies as an ''insured'' under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 99 13 01 87 Printed in U.S.A. Policy Number 20UENZQ6852 Effective Effective 10/10/01/01/2012 13 to - 10/10/01 01/14 2013 Policy Number 20UENZQ6852 Effective Effective 10/10/10/10/01/01/01/01/2016 2017 2014 2015 Expiration 10/01/2015 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form IH 03 13 06 11 Page 1 of 1 © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Policy Policy Number Number 20UENZQ6852 Effective Effective 10/10/01/01/13 2012-to 10/10/01/01/14 2013 Policy Number 20UENZQ6852 Effective Effective 10/10/10/10/10/01/01/01/01/01/2016 2017 2014 2015 2015 Expiration 10/01/2015 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 S. D. Myers, Inc. Endorsement Number: 6 ECC-320-0712 Automatic Waiver of Subrogation Endorsement This endorsement, effective 10/1/2012 attaches to and forms a part of Policy Number FEI-ECC-10317-00. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured’s work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. 10/01/13 ECC1031701 10/01/2014 ECC1031702 10/01/2015 FEI-ECC1031703 10/10/01/01/2016 2015 FEI-ECC-10317-04 10/01/2017 FEIECC1031705 S. D. Myers LLC DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 S. D. Myers, Inc. Endorsement Number: 15 ECC-548-0712 Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 10/1/2012 attaches to and forms a part of Policy Number FEI-ECC-10317-00. This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of $Applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. 10/01/13 ECC1031701 10/01/2014 ECC1031702 10/01/2015 FEI-ECC1031703 10/01/2016 FEI-ECC-10317-04 10/01/2017 FEIECC1031705 S. D. Myers LLC DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 10/01/2016 FEI-ECC-10317-04 10/01/2017 FEIECC1031705 FEEIECC1031705 S. D. Myers LLC DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 10/01/0216 FEI-ECC-10317-04 10/10/01/01/2016 2017 FEIECC1031705 S. D. Myers LLC DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 S. D. Myers, Inc. Endorsement Number: 1 ECC-315-0712 Common Policy Conditions Endorsement This endorsement, effective 10/1/2012 attaches to and forms a part of Policy Number FEI-ECC-10317-00. This endorsement changes the Policy. Please read it carefully. In consideration of the premium charged, and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that all coverage parts included in this policy are subject to the following conditions: A. CANCELLATION The named insured may cancel this policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Company may cancel this policy by mailing to the named insured, at the mailing address specified the Declarations, written notice stating when not less than thirty (30) days thereafter such cancellation shall become effective, except in the event of the named insured's nonpayment of premium, not less than ten (10) days advance notice of cancellation shall be given. The mailing of notice as aforesaid, shall be sufficient proof of either party's intent to cancel. The effective date of cancellation specified in such notice shall terminate this policy period. Delivery of such notice shall be equivalent to mailing. If the named insured cancels, the earned premium shall be computed in accordance with the customary short rate table. If the Company cancels, the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equal to 25% of the amount specified in the Declarations. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter, but tender of the unearned premium or return of this policy, shall not be conditions precedent to cancellation hereunder. B. CHANGES No provision of this policy may be amended, waived or otherwise changed, except by endorsement hereto. 10/01/13 ECC1031701 10/01/2014 ECC1031702 10/01/2015 FEI-ECC1031703 10/01/2016 FEI-ECC-10317-04 10/01/2017 FEIECC1031705 S. D. Myers LLC DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 10/01/2016 FEI-ECC-10317-04 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11/1/2017 J. Smith Lanier & Co.-Atlanta 11330 Lakefield Drive Bldg 1, Suite 100 Duluth GA 30097 S.D. Myers LLC S.D. Myers Inc. 180 South Avenue Tallmadge OH 44278 Admiral Insurance Company Twin City Fire Insurance Co. 24856 29459 770-476-1770 770-476-3651 1229695615 A FEIECC1031705 10/1/2017 10/1/2018 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 X X X X 50,000 B X 0 deductible 20UENZQ6852 10/1/2017 10/1/2018 1,000,000 A X X FEIEXS1031805 10/1/2017 10/1/2018 6,000,000 6,000,000 A Cont Pollution Liability Professional Liability FEIECC1031705 10/1/2017 10/1/2018 $1,000,000 ea occ $1,000,000 ea occ $50,000 ded $2,000,000 agg $2,000,000 agg Certificate Holder is named as additional insured as per written contract, but only with respects to the General Liability and Auto Liability insurance and subject to the provisions and limitations of the policy. Waiver of Subrogation applies for auto liability and general liability as required by written contract. Coverage is primary and non-contributory as required by written contract. No deductible applies to Auto liability. Excess is follow form. City of Fort Collins PO Box 580 Fort Collins CO 80522 DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 agents, or officers from any leaks or failures which may occur thereafter. ON-SITE SAFETY AND SERVICE RULES: DELIVERY: When samples are submitted for analysis, the following minimum information is to be provided by Buyer: Buyer name, address, phone number, number and type of samples, analysis requested for each sample, sample site identification, date and time of sampling, date results are needed (rush samples require prior arrangement), and billing information (including purchase order number or authorization and contact name). Sample analysis is subject to acceptance of samples by Seller. SAMPLE SUBMISSION: The total liability of Seller, its owners, directors, officers, agents, employees or successor to the Buyer arising out of or in connection with the services to be provided herein shall not exceed the invoiced amount for said services. Buyer's acceptance of a work order and/or proposal releases Seller from any liability in excess of the invoiced amount for the services. In no event shall Seller be liable for any special, indirect, incidental, or consequential damages including but not limited to: loss of profit or revenues, loss of use of equipment, damages to associated products or equipment, cost of capital, costs of substitute, facilities, downtime costs, labor or associated expenses, or claims of Buyer's customers for such costs. LIMIT OF LIABILITY: Any disputes that arise between Buyer and Seller shall be governed by the laws of the state of Ohio without regard to conflicts of law rules. Any disputes that arise between the Buyer and Seller shall be submitted to binding arbitration by the American Arbitration Association, to be determined and resolved by said Association under its rules and procedures in effect at the time of submission and the Buyer and Seller hereby agree to share equally in the costs of said arbitration. Buyer hereby consents to arbitration in Ohio. The final arbitration decision shall be enforceable through the courts of the state of Sellers address or any other state in which the Buyer resides or may be located. GOVERNING LAW AND DISPUTE RESOLUTION: WAIVER: Sellers failure to insist on performance of any term or condition contained in these terms and conditions or failure to exercise any of Sellers rights hereunder shall not constitute a waiver of any of Sellers rights under these terms and conditions. Shipping or delivery dates are quoted in good faith, however, the backlog and availability of labor and materials at time the order is received may affect the completion date. Approximate shipping dates will be provided on request by calling Sellers representative handling the order. Rush analyses are available for an additional charge and must be arranged in advance. Rush turnaround time begins when samples are received at Seller's designated location. Normal working and sample receiving hours are 8:00 am to 5:00 pm, Monday through Friday. If, for unforeseen reasons, the rush turnaround time cannot be met, the normal price will apply. RUSH ANALYSES: MAIL IN SAMPLE KITS: If any provision(s) of these terms shall be held invalid, illegal, or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining provision(s) shall not in any way be affected or impaired thereby. SEVERABILITY: Analytical Services Terms - Effective June 15, 2015 (Revision #3) DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11 InterfacialTension ** D 971 60296 Detects soluble polar contaminants and products of deterioration 4041** 4041** Neutralization Number ** D 974 60296 Measures acidic constituents; reveals chemical change or deterioration 4041** Liquid Screen Test ** ** The seven (7) tests indicated with (**) are included in the SD Myers LLC Liquid Screen Test ITEM ANALYSIS ASTM # IEC # SIGNIFICANCE MaxLife Tests and Their Significance DocuSign Envelope ID: FE6B8A68-B3D7-4519-80E9-382B03FB5F11