Funding Information:

Org. Code E.O. Object Code Budget Entity Appropriation

Category Grant # Project # Year Amount

Additional Funding Information attached on separate page.

Rev. 8/26/2020

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Task Assignment This Task Assignment (TA) is entered into between the Parties named below, pursuant to Contract Number: .

1. TA Number: TA Completion Date:

TA Description:

2. Parties State of Florida Department of Environmental Protection

(Department)

Department Project Manager: Department Project Manager Phone:

Contractor Name: (Contractor ) ntractor’st ’s Project Manager: ontractor’s t’s Project Manager Phone:

3. Project Number:

(If different from TA Number)

Project Location(s):

Project Name:

4. As consideration for the services rendered by Contractor under the terms of this TA, the Department shall pay the Contractor on the following bases, up to the Total TA Value as indicated below:

Fixed Price:

Fixed Unit Rate: (Extended Price)

Cost Reimbursement:

Total TA Value:

5. The Parties agree to comply with the terms and conditions of the underlying the Contract, and the following attachments which are hereby incorporated by reference:

Attachment 1:

Additional Attachments (if necessary):

IN WITNESS WHEREOF, this TA shall be effective on the last date signed below.

State of Florida Department of Environmental Protection CONTRACTOR Department Name:

Title:

Secretary or Designee

(Authorized Signature) (Authorized Signature) Date:

Additional signatures attached on separate page.

HW683

DC024C Completion February 10, 2025

This Task Assignment authorizes Geosyntec to conduct Annual Groundwater Monitoring activities at Former Trophy Cleaners in accordance with Geosyntec scope of work, cost estimate and schedule received on October 24, 2024.

Sarah Aduwa 850-245-8973 Contractor Geosyntec Contractor

Contractor Olivia Cain Contractor 727-330-9961

ERIC 5301

2790A Gulf to Bay Boulevard Clearwater, Pinellas County, Florida

Former Trophy Cleaners

Contractor Contractor

✔ $ 11,880.80

$ 11,880.80

Scope of Work

Geosyntec Contractor Todd Kafka

Contract Manager

Todd Kafka, P.G. Digitally signed by Todd Kafka, P.G.

Date: 2024.11.04 16:04:46 -05'00'

Mubeen Darji

Mubeen Darji, P.E. Digitally signed by Mubeen Darji, P.E.

Date: 2024.11.04 08:21:40 -05'00'

N/A

Task Assignment Notification/Change Order Deliverables and Invoice Schedule Attachment

WC TAFORM

Contract Number:

Task Assignment #:

Deliverables:

Deliverable Deliverable Due Date

Invoice Schedule:

Requirements for Invoice Submittal Amount to be Invoiced

TOTAL COST

Subtasks 1, 2, 3 - Groundwater Monitoring Report and IDW Manifests 01/10/2025

Subtasks 1, 2, 3 - Groundwater Monitoring Report and IDW Manifests $ 11,880.80

$ 11,880.80

HW683

DC024C

Printed on recycled paper.

FFLORIDAA DEPARTMENTT OF

EEnvironmentall Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ronn DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawnn Hamilton Secretary

To: HW683 Contract Negotiation File Former Trophy Cleaners Clearwater, Pinellas County, Florida

ERIC_5301

From: Sarah Aduwa, Project Manager Date: October 28, 2024 Subject: Negotiation Summary

HW683_DC024C

This Task Assignment authorizes Geosyntec to conduct Annual Groundwater Monitoring activities at Former Trophy Cleaners in accordance with Geosyntec scope of work, cost estimate and schedule received on October 24, 2024. The total cost is $11,880.80.

Olivia Cain is the project manager, her hours are directly computed

Subtask 2, 3 – Groundwater Sampling, IDW Management Geosyntec will mobilize to the Site to collect depth-to-water measurements from 13 monitoring wells on the Site source property (MW001 through MW005, MW008, MW009, MW016, and MW021 through MW025). Measurements will be collected over a 24-hour period to generate groundwater elevation contour maps to evaluate groundwater flow directions. Groundwater monitoring well samples will be collected from 12 monitoring wells on the source property including those with current exceedances, and the boundary of the Site (MW001 through MW005, MW008, MW016, and MW021 through MW025). Groundwater samples will be collected in accordance with FDEP Standard Operating Procedures and submitted for laboratory analysis of volatile organic halocarbons by Environmental Protection Agency Method 8260B.

Following the collection of the monitoring well samples, purge water will be containerized in one 55-gallon drum for transportation off site for disposal as non-hazardous waste.

Subtask 4 – Annual Groundwater Monitoring Report Geosyntec will prepare a Groundwater Monitoring Report (GMR) documenting the results of the depth to groundwater measurements and annual groundwater monitoring event. The report will contain tables summarizing field/laboratory groundwater data, figures showing groundwater flow direction(s), and a summary of the groundwater monitoring event.

The FDEP Project Manager agrees to the scope of work and final cost associated with this Task assigner. The final cost is $11,880.80 with 68 labor hours.

Trophy Cleaners (ERIC_5301)_HW683 SOW_Annual GMR_2024-10

19321 U.S. Highway 19 North Building C, Suite 200

Clearwater, Florida 33764

PH 813-792-4820

www.geosyntec.com

October 24, 2024

Ms. Sarah Aduwa Florida Department of Environmental Protection Waste Site Cleanup Section 2600 Blair Stone Road Tallahassee, FL 32399-2400

Subject: Scope of Work and Level of Effort Annual Groundwater Monitoring Former Trophy Cleaners 2790A Gulf to Bay Boulevard Clearwater, Pinellas County, Florida FDEP Site ID No. ERIC_5301

Dear Ms. Aduwa, Geosyntec Consultants, Inc. (Geosyntec) has prepared this s Scope of Work (SOW), Cost Estimating Form (CEF), and Level of Effort (LOE) for annual groundwater monitoring activities at the Former Trophy Cleaners Site (Site) located in Clearwater, Florida. A copy of the CEF/LOE is included in Attachment A.

As part of SOW/LOE preparation, access agreements were evaluated to determine (i) what agreements are in place and (ii) that the existing owners associated with each agreement are current. The Site access agreement for the source property is current and ownership has not changed (confirmed on October 18, 2024). However, an updated access agreement for the downgradient, off-Site parcel could not be obtained due to unresponsiveness from the current owner. Monitoring of these wells is not included in the 2024 SOW.

The objective of this sampling event is to collect annual results for on-Site monitoring wells, evaluate overall groundwater plume stability, and support the future development of a Site closure evaluation.

Subtask 1 – Project Management

Costs associated with this subtask are directly computed.

Subtask 2 – Annual Groundwater Monitoring

This Subtask includes costs associated with annual groundwater monitoring activities tentatively scheduled for November 2024. Geosyntec will mobilize to the Site to collect depth-to-water measurements from 13 monitoring wells on the Site source property (MW001 through MW005, Ms. Sarah Aduwa October 24, 2024

Trophy Cleaners (ERIC_5301)_HW683 SOW_Annual GMR_2024-10

MW008, MW009, MW016, and MW021 through MW025). Measurements will be collected over a 24-hour period to generate groundwater elevation contour maps to evaluate groundwater flow directions. Due to the presence of standing water historically noted at monitoring well MW001 (located in a drainage ditch next to Gulf to Bay Boulevard), we have included effort to remove water from around and within the manhole prior to sampling as part of the DTW measurements.

Groundwater monitoring well samples will be collected from 12 monitoring wells on the source property including those with current exceedances, and the boundary of the Site (MW001 through MW005, MW008, MW016, and MW021 through MW025). Because off-Site samples cannot be collected due to access constraints, boundary locations on-Site are proposed for sampling to support a plume stability evaluation. Groundwater samples will be collected in accordance with FDEP Standard Operating Procedures and submitted for laboratory analysis of volatile organic halocarbons by Environmental Protection Agency Method 8260B.

Following the collection of the monitoring well samples, purge water will be containerized in one 55-gallon drum for transportation off site for disposal as non-hazardous waste. Screening of per-and polyfluoroalkyl substances (PFAS) has been performed at the Site and PFAS were detected in the associated investigation derived waste (IDW) sample. Thus, the drum will be disposed of as PFAS-containing material. Bid costs for 2024 prepared by the waste disposal companies are summarized in the following table and included in Attachment B. Based on the bids, Geosyntec recommends selecting Erwin Remediation to haul and dispose of IDW generated during monitoring activities. We have assumed no oversight is required for drum pickup.

IDW Disposal

Disposal Company Non-Hazardous, PFAS-Containing Water

(Per 55-gal. drum) Erwin Remediation $195

Hull’s Environmental $1,150

WRI No Bid

Subtask 3 – Annual Groundwater Monitoring Report

Geosyntec will prepare a Groundwater Monitoring Report (GMR) documenting the results of the depth to groundwater measurements and annual groundwater monitoring event. The report will contain tables summarizing field/laboratory groundwater data, figures showing groundwater flow direction(s), and a summary of the groundwater monitoring event. The GMR will be signed and sealed by a Florida-licensed professional engineer or geologist. A final signed waste manifest for

Ms. Sarah Aduwa October 24, 2024

Trophy Cleaners (ERIC_5301)_HW683 SOW_Annual GMR_2024-10

IDW transport and disposal will also be included in the GMR, assuming no scheduling delays occur.

Deliverable and Invoicing Schedule:

Geosyntec proposes the following deliverables and Period of Performance schedule below.

Subtask Deliverable Deliverable Date Invoice Amount

1, 2, 3 Groundwater Monitoring Report and IDW Manifests

January 10, 2025 $11,880.80

Total $11,880.80 The above schedule assumes sampling is conducted in November 2024.

Geosyntec appreciates the opportunity to provide this proposal and cost estimate to you and the FDEP. Please contact us if you have any questions or require additional information.

Sincerely, Olivia Cain, P.E. (FL) Todd K. Kafka, P.G. (FL, VA, TN)

Project Engineer Senior Principal Hydrogeologist

Attachments: Attachment A – CEF/LOE Attachment B – IDW Quotes

ATTACHMENT A

Cost Estimating Form and Level of Effort

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LEVEL OF EFFORT/EXPENSE WORKSHEET

SITE : Former Trophy Cleaners SUBTASK: Annual Groundwater Monitoring

DATE: 10/24/2024

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Project Professional O. Cain 4

Senior Engineering Technician R. Mathias 30

TOTAL LABOR 34

VEHICLE TYPE RATE UNIT USEAGE

Truck R. Mathias $120.00 Day 3 $360.00

TOTAL VEHICLE $360.00

SUBCONTRACTOR COSTS

NAME PURPOSE COST

IDW

Erwin Remediation $195/drum x 1 drum $195.00 $195.00

Subtotal $195.00

TOTAL SUB $195.00

LABORATORY COSTS

PARAMETER RATE # SAMPLES #QAQC

VOHs $73.00 12 0 $876.00

Subtotal $876.00 Shipping

Large Cooler (25 to 50 lbs) $150.00 0 $0.00 Small Cooler (0 to 25 lbs) $110.00 1 $110.00

Subtotal $110.00

TOTAL LAB $986.00

EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS

Analytical Related

Groundwater Sampling Kit $290.00 Day 3 $870.00 Subtotal $870.00

IDW Related Drum $100.00 Drum 1 $100.00

Subtotal $100.00 Expendables

$40.00 Day 3 $120.00 Subtotal $120.00

TOTAL EQUIPMENT $1,090.00

Field prep (1 hr). Mobilization/demobilization from Tampa (1 hr/day x 3 days = 3 hr). Collect depth to water measurements (2 hr). Calibrate sampling equipment (0.5 hr/day x 3 days = 2 hr). Monitoring well sampling (1.5 hr/well x 12 wells = 18 hr). IDW management (1 hr).

Sample management (2 hr). Compile field notes (1 hr).

Tenant and property owner notifications, and field package preparation (3 hr). IDW profiling and manifesting (1 hr).

10/24/2024 Page 3 of 4 Subtask 2

LEVEL OF EFFORT/EXPENSE WORKSHEET

SITE : Former Trophy Cleaners SUBTASK: Groundwater Monitoring Report

DATE: 10/24/2024

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Principal T. Kafka 2

Project Engineer O. Cain 20

Project Professional M. Hensley 5

TOTAL LABOR 27

Evaluating and interpreting groundwater data, develop conclusions and recommendations, and PG sign/seal of Groundwater Monitoring Report

Prepare Groundwater Monitoring Report

Prepare figure package for Groundwater Monitoring Report

10/24/2024 Page 4 of 4 Subtask 3

ATTACHMENT B

IDW Transportation & Disposal Cost

Estimates

408 Ditmar Street Pensacola, FL 32503

To: Ms. Olivia Cain Geosyntec Consultants, Inc.

19321 US Highway 19 North Clearwater, FL 33764

May 10, 2024

Re: Non-Hazardous Drum Disposal of PFOS/PFAS Impacted Materials

Ms. Cain:

The price for the transportation and disposal (T&D) of 55-gallon drums of non-hazardous soil, mud, and water is listed below:

Impacted with Non-Hazardous Petroleum or Chlorinated Solvents:

Description Rate Unit T&D - Non-Haz Soil $ 110.00 Per Drum T&D - Non-Haz Mud/Water $ 125.00 Per Drum

Impacted with Non-Hazardous PFAS/PFOS:

Description Rate Unit Profile Fee (Charged once per site) $ 350.00 Per Site T&D - Non-Haz PFOS/PFAS Impacted Soil $ 195.00 Per Drum T&D - Non-Haz PFOS/PFAS Impacted Mud/Water $ 195.00 Per Drum

Dry cleaning sites will require 8260-VOH lab analysis and PFAS sites will require the full FDEP lab analysis for IDW waste characterization.

This quote is valid for 120 days.

Respectfully, Robert Donado Erwin Remediation, Inc.

Phone: 850-466-2358 Email: robert@erwinremediation.com

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Proposal No. : 2024AK0116 Date : 1/16/2024

PROPOSAL & SHORT FORM AGREEMENT FOR WASTE DISPOSAL SERVICES

Additional Terms:

All Services subject to a minimum charge of $195.

Truck tank washouts, if needed, will be charged at $195/15-min increment.

Standby time on transportation services will be charged at an additional $145/hr after the first hour of loading.

Water treatment loads containing equal to or greater than 2% solids will be assessed a solids surcharge of

$0.70/gal (applies to the solids portion of the load only).

All drums need to be properly labeled, have properly secured lids and be free of leaks.

Payment Terms: [NET 30 Days] In addition to the charges above, Customer shall reimburse Water Recovery for any tariff, permit or approval fees, tax surcharges or sales, or use or any other applicable fees related to the performance of the Services.

Proposal is based upon accuracy of information provided by Customer; any changes to the waste stream data or site conditions may result in additional charges.

Prior to commencement of Services, Water Recovery must receive and approve of the Customer’s Non-

Hazardous Waste Stream Profile and inventory (if applicable).

A 3% convenience fee will be added to all credit card payments.

This Proposal, the attached General Terms and Conditions, and any documentation referenced above shall constitute the entire agreement between Water Recovery and Customer with respect to the waste handling, transportation, and/or disposal of the waste identified above. By signing below, the undersigned represents his/her authority to bind Customer and generator (if different than Customer) to the terms and conditions herein. Water Recovery may withdraw this Proposal prior to acceptance, at any time.

Dated this 16 day of January, 2024.

WATER RECOVERY CUSTOMER

(Signature)

(Signature)

WATER RECOVERY CUSTOMER

Company : Water Recovery, LLC Company : Geosyntec Consultants Contact : Amanda Kimball Contact : Melissa Shook Street : 1819 Albert St. Street : 6770 South Washington Ave., Ste. 300 City, State, Zip : Jacksonville, FL 32202 City, State, Zip : Titusville FL 32780 Phone : 904-475-9320 Phone : 321-747-1909 E-mail : akimball@wrijax.com E-mail : melissa.shook@geosyntec.com

WASTE AND SERVICES INFORMATION

Generator : Various (as manifested) Waste Description : Non-hazardous industrial waste Waste Location : Various (as manifested) Anticipated Volume : Unknown Anticipated Frequency : As Needed Disposal Quote : Drummed Waste - $105/drum

Bulk Wastewater - $0.19/gallon Solidification - $0.70/gallon PFAS contaminated waste – Call for quote Rate varies, call for quote

Transportation : Call for rate Description of Services : Transportation and disposal of non-hazardous waste.

Printed Name/Title

Printed Name/Title

GENERAL TERMS AND CONDITIONS

1. Agreement. These General Terms and Conditions and attached Proposal (including any documentation referenced therein) shall, together, form the “Agreement” for which Water Recovery agrees to provide waste disposal, handling, transportation, and/or management services identified on the attached Proposal (the “Services”) for Customer’s waste identified on the Proposal and any applicable waste profile form(s) submitted by Customer and approved by Water Recovery (“Waste Profile”). Performance of the Services shall be contingent upon execution of this Agreement and Customer providing and Water Recovery approving Customer’s Waste Profile in writing.

2. Nonconforming Waste. Any waste, substance, and/or material tendered or delivered by Customer to Water Recovery (in any manner) that is not in strict conformance with the description or information on the applicable Waste Profile, as well as any substance or waste considered hazardous under any applicable federal, state, or local statute, regulation, or ordinance or by any governing agency, shall be deemed “Nonconforming Waste”.

3. Customer Warranties. Customer hereby represents and warrants the following: (i) the wasted tendered to or received by Water Recovery pursuant to this Agreement is not considered Nonconforming Waste; (ii) Customer and its subcontractors (of any tier), shall comply with all applicable laws, ordinances, regulations, orders, permits, or other legal requirements applicable to this Agreement related to Customer’s operations and handling or management of the waste; and (ii) if executing this Agreement on behalf of another party (including but not limited to the generator of the waste) Customer represents and warrants that it has authority to bind the other party to the terms and conditions of this Agreement and if not, shall remain responsible to Water Recovery for the same.

4. Water Recovery Warranties. Water Recovery represents and warrants that it will perform the Services in a safe and workmanlike manner, consistent with reasonable industry standards, and in accordance with all applicable federal, state, and local laws, ordinances, orders, rules, and regulations.

5. Term of Agreement. This Agreement shall commence upon the effective date indicated on the Proposal and shall terminate upon the completion of Services unless otherwise terminated earlier by Water Recovery. Water Recovery may terminate this Agreement for convenience by providing Customer with thirty (30) days written notice or immediately in the event Customer is in material breach of this Agreement which shall include but not be limited to: (i) Customer’s failure to timely pay any amounts owed to Water Recovery; (ii) any actual or alleged violation of any applicable federal, state, or local statute, regulation, ordinance, permit, or regulatory agency directive by Customer, its subcontractors (of any tier), or any entity or personnel whom Customer is responsible for; (iii) any attempt to or actual tender of Nonconforming Waste to Water Recovery (in any manner whatsoever); and (iv) any breach of Section 9 below.

6. Inspection/Rejection of Waste. Title to and liability of the waste shall remain with Customer and/or the generator at all times. Water Recovery shall have the right to inspect, analyze, or test the waste and if, in Water Recovery’s sole discretion, it is deemed Nonconforming Waste, Water Recovery may choose to any of the following at Customer’s sole cost and expense: (i) reject and return the waste to Customer; (ii) require Customer to remove and dispose of the Nonconforming Waste; (iii) elect to handle the Nonconforming Waste as described in Section 7 below; (iv) or any other course of action deemed necessary to comply with applicable federal, state, or local statutes, laws, regulations, ordinances, permits, or regulatory agency directives, guidance, or orders. Customer shall be responsible for any additional costs, charges, expenses, or fees arising from Water Recovery’s choice with respect to the Non-confirming Waste as set forth herein.

7. Special Handling; Nonconforming Waste. If Water Recovery elects to handle any Nonconforming Waste, Water Recovery shall have the right to manage the same in a manner deemed appropriate by Water Recovery and Customer shall be responsible for any and all related additional expenses as set forth in Section 6 above.

8. Indemnification. To the fullest extent allowable by law, the parties shall be responsible for the following allocations of liability:

a. Water Recovery. Water Recovery shall defend, indemnify, and hold harmless Customer from and against any and all claims, liabilities, penalties/fines, costs, and expenses (including reasonable attorneys’ fees) (“Claims”) arising from or related to the Services performed under this Agreement and to the extent caused by Water Recovery’s applicable fault including but not limited to negligence, strict liability, breach of its warranty obligations in Section 4 above, or any other legal theory of liability attributable to Water Recovery, provided that Water Recovery’s indemnification obligations will not apply to occurrences involving Nonconforming Waste.

b. Customer. Customer shall defend, indemnify, and hold harmless Water Recovery and its parent, subsidiary, and affiliated companies, and their respective directors, officers, employees, and agents (“Water Recovery Indemnitees”) from and against any and all Claims arising from or related to this Agreement or the Services provided hereunder and to the extent caused by Customer’s applicable fault including but not limited to negligence, strict liability, breach of this Agreement (including Section 3 above), or any other legal theory of liability attributable to Customer or its other subcontractors of any tier in the performance of this Agreement.

c. Waiver of Immunity. In furtherance of the foregoing indemnity obligations, Customer and Water Recovery agree to waive any immunity afforded to it under workers compensation or similar law.

9. Facility Access. Customer’s access to Water Recovery’s facility shall be limited to the sole purpose of off-loading waste in the manner directed by Water Recovery. Customer and its subcontractors (of any tier) shall comply with all rules of the facility and directions given by Water Recovery personnel. Water Recovery may revoke or deny Customer (or its subcontractors of any tier) access to the facility in the event Customer, or its subcontractors (of any tier), fail to follow any such directives, rules, or regulations, and Water Recovery shall not be responsible for any expenses related to such removal.

10. Charges and Payments. Payment to Water Recovery shall be deemed earned as Services are performed and Customer shall make payment to Water Recovery without offset or deduction the earlier of: (i) the payment term indicated on the Proposal or (ii) if no payment term is expressly indicated, within net thirty (30) days upon receipt of Water Recovery’s invoice. Late payments shall earn interest at the rate of 1.5% per month, or the maximum amount permitted by law, whichever is less. Customer shall be responsible for and shall reimburse Water Recovery for any and all costs and expenses (including attorney’s fees) incurred for collections of payments overdue.

11. Consequential Damages. Neither party shall be responsible for any consequential, incidental, punitive, or special damages whatsoever (including but not limited to, business interruption, extra expense, loss of use of any property, or delay) arising out of or relating to the Services and/or this Agreement, howsoever caused and regardless of whether the same results from the negligence of a party, or otherwise and even if the possibility of such was or could have been foreseeable.

Force Majuere. Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, riots, imposition of laws or governmental orders, fires, acts of God, and inability to obtain equipment, and the affected party shall be excused from performance during the occurrence of such events

12. Counterparts and Facsimile Signatures. This Agreement may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute the same agreement. Facsimile or email signatures and/or acknowledgement and acceptance shall be considered valid.

13. Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. If any provision is invalid, in whole or in part, the balance of the provisions shall be considered reformed to reflect the intent of the parties to the greatest extent possible consistent with applicable law.

Governing Law, Venue and Legal Fees. The interpretation and performance of this Agreement shall be governed by the laws of the state of Florida which the Services are performed and any litigation or dispute arising in connection with this Agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, and judgment on the award entered by the arbitrator(s) may be entered into any court having jurisdiction thereof. The substantially prevailing party shall be entitled to its legal fees and costs with respect to any litigation or dispute arising pursuant to this Agreement.

14. Entire Agreement, Neutral Construction and Headings. This Agreement constitutes the entire agreement between the parties and expressly supersedes and negates any prior or contemporaneous agreements, whether written or oral. This Agreement may not be modified or amended except by a writing signed by both parties. The parties agree that each has had the opportunity to review the terms of this Agreement and to request any desired changes or clarifications and this Agreement shall be construed neutrally, and as the commemoration of the mutual assent of both parties, rather than for or against either party. The title of this Agreement and headings used herein are for reference only and shall not be construed to give any substantive meaning.