Exhibit_N_-_Geotechnical_Report_29th_Ave.pdf

March 1, 2024

Ms. Natalie Tejada Dredging & Marine Consultants 4643 Clyde Morris Boulevard Port Orange, Florida 32129

Reference: GEOTECHNICAL EVALUATION 29th Avenue Seawall

New Smyrna Beach, Volusia County, Florida UES Project No. 0430.2300226.0000

UES Report No. 2037167

Dear Ms. Tejada, UES has completed the subsurface evaluation for the subject project located in New Smyrna Beach, Volusia County, Florida. This letter presents the results of our field exploration and associated engineering evaluation. We understand the proposed project will consist of replacing the existing seawall at and adjacent to the east end of 29th Avenue in New Smyrna Beach, Florida. We understand that the existing wall was damaged during the impact of Hurricanes Ian and Nicole in 2022. We understand that the existing seawall will be removed prior to the installation of the new seawall. It was requested we evaluate the subsurface conditions at the locations provided to us by you and to provide soil design parameters to aid in design.

FIELD EXPLORATION

UES performed one (1) Standard Penetration Test (SPT) boring to a depth of approximately 40 feet below existing grade adjacent to the existing seawall at the approximate locations shown on the attached Boring Location Plan in Appendix A. The SPT boring was performed in accordance with the procedures of ASTM D- 1586.

The boring was located using taped measurements from existing landmarks and should only be considered accurate according to the method used. The soil samples recovered from the soil test borings were returned to our laboratory and a UES Engineer visually examined and reviewed the field descriptions. The samples were visually classified in accordance with the Unified Soil Classification System (USCS).

FINDINGS

SUBSURFACE CONDITIONS

The results of the SPT boring generally indicated intermittent layers of loose to very dense fine sand with trace silt and various shell contents (SP) to the boring termination depth of approximately 40 feet below existing grade.

Groundwater was encountered at a depth of approximately 10.0 feet below existing grade.

B-1

GRAPHIC SCALE

0 30 60

(IN FEET)

1 INCH ~ 60 ft.~

APPROXIMATE LOCATION OF STANDARD PENETRATION TEST (SPT) BORING

LEGEND

PROJECT:

CHECKED BY:

DRAWN BY:

TITLE:

REPORT NO.:

PROJECT NO.:

DATE:

DATE:

PAGE/FIG. NO.:

MKL

A-1

SCALE:

1" ~ 60'~

BP

GEOTECHNICAL EVALUATION

29TH AVENUE AND S. ATLANTIC AVENUE

DAYTONA BEACH, FLORIDA

2037167 0430.2300226.000302/15/24

02/15/24

BORING LOCATION PLAN

DRAWN BY:

CHECKED BY:

DATE:

DATE:

PROJECT NO.:

REPORT NO.:

MKL SCALE:

TITLE:

PAGE/FIG. NO.:

SUBSURFACE PROFILE

NA (in feet) A-2

PROJECT:

BP

GEOTECHNICAL EVALUATION

29TH AVENUE AND S. ATLANTIC AVENUE

DAYTONA BEACH, FLORIDA

2037167

0430.2300226.000303/01/24

03/01/24

N

HA

25'25'

20'20'

15'15'

02/13/24 10.0'

E.O.B. @ 40.0'

B-1

10'

5'

0'

10'

5'

0'

HA

HA

50/6

Fine SAND (SP)

Fine SAND with some to many SHELL fragments (SP)

NOTES:

Measured Groundwater Level 24 (+) Hours Subsequent to Time of Drilling Unified Soil Classification System End of Boring Penetr. Resistance, Blows/ft.

Hand Auger Method Weight of Hammer Coefficient of Permeability, (ft/day) % Passing No. 200 Sieve

(SP)

EOB

N

HA

WOH

Kv

-200

30'30'

35'35'

40'40'

Light brown fine SAND with trace SILT and trace SHELL fragments (SP)

Loose light brown fine SAND with trace SILT and trace SHELL fragments (SP)

Very dense light brown fine SAND with trace SILT and trace SHELL fragments (SP)

Very dense light brown fine SAND with trace SILT and some SHELL fragments (SP)

Dense light brown fine SAND with trace SILT and trace SHELL fragments (SP)

Very dense light brown fine SAND with trace SILT and trace SHELL fragments (SP)

Medium dense light brown fine SAND with trace SILT and some SHELL fragments (SP)

HA

25'25'

20'20'

15'15'

02/13/24 10.0'

E.O.B. @ 40.0'

B-1

10'

5'

0'

10'

5'

0'

HA

HA

50/6

Fine SAND (SP)

Fine SAND with some to many SHELL fragments (SP)

NOTES:

Measured Groundwater Level 24 (+) Hours Subsequent to Time of Drilling Unified Soil Classification System End of Boring Penetr. Resistance, Blows/ft.

Hand Auger Method Weight of Hammer Coefficient of Permeability, (ft/day) % Passing No. 200 Sieve

(SP)

EOB

N

HA

WOH

Kv

-200

30'30'

35'35'

40'40'

DRAWN BY:

CHECKED BY:

DATE:

DATE:

PROJECT NO.:

REPORT NO.:

MKL SCALE:

TITLE:

PAGE/FIG. NO.:

SOIL DESIGN PARAMETERS

NA (in feet) A-3

PROJECT:

BP

GEOTECHNICAL EVALUATION

29TH AVENUE AND S. ATLANTIC AVENUE

DAYTONA BEACH, FLORIDA

2037167

0430.2300226.000303/01/24

03/01/24

N

= Angle of Internal Friction (degrees) = Effective Unit Weight (PCF) = Unit Weight Below Water Table (PCF) = Coefficient of Active Lateral Earth Pressure = Coefficient of Passive Lateral Earth Pressure = Coefficient at Rest Lateral Earth Pressure = Cohesion (psf) f g gb Ka Kp Ko C

= 29 = 109 = 50 f g gb

= 0.52 = 0.35 = 2.88

Ko Ka Kp

= 42 = 130 = 68 f g gb

= 0.33 = 0.20 = 5.04

Ko Ka Kp

= 40 = 127 = 65 f g gb

= 0.36 = 0.22 = 4.60

Ko Ka Kp

= 42 = 130 = 68 f g gb

= 0.33 = 0.20 = 5.04

Ko Ka Kp

= 40 = 127 = 65 f g gb

= 0.36 = 0.22 = 4.60

Ko Ka Kp

= 34 = 115 = 55 f g gb

= 0.44 = 0.28 = 3.54

Ko Ka Kp

KEY TO BORING LOGS

UNIFIED SOIL CLASSIFICATION SYSTEM

MAJOR DIVISIONS GROUP

SYMBOLS TYPICAL NAMES

GW Well-graded gravels and gravel-sand mixtures, little or no fines CLEAN

GRAVELS

GP

Poorly graded gravels and gravel-sand mixtures, little or no fines

GM Silty gravels and gravel-sand-silt mixtures

GRAVELS

50% or more of coarse fraction retained on No. 4 sieve

GRAVELS

WITH FINES

GC Clayey gravels and gravel-sand-clay mixtures

SW** Well-graded sands and gravelly sands, little or no fines

CLEAN

SANDS

5% or less passing No.

200 sieve SP** Poorly graded sands and gravelly sands, little or no fines

SM** Silty sands, sand-silt mixtures

C O

AR

SE

G R

AI

N

ED

S

O

IL

S M or e th an

0% re ta in ed o n th e

N o.

s ie ve

SANDS

More than

50% of coarse fraction passes No.

4 sieve

SANDS with 12% or more passing No.

200 sieve SC** Clayey sands, sand-clay mixtures

ML

Inorganic silts, very fine sands, rock flour, silty or clayey fine sands

CL

Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, lean clays

SILTS AND CLAYS

Liquid limit 50% or less

OL Organic silts and organic silty clays of low plasticity

MH

Inorganic silts, micaceous or diamicaceous fine sands or silts, elastic silts

CH Inorganic clays or clays of high plasticity, fat clays

OH Organic clays of medium to high plasticity

FI

N

E- G

R

AI

N

ED

S

IO

LS

o r m or e pa ss es th e N o.

s ie ve

SILTS AND CLAYS

Liquid limit greater than 50%

PT Peat, muck and other highly organic soils

*Based on the material passing the 3-inch (75 mm) sieve ** Use dual symbol (such as SP-SM and SP-SC) for soils with more than 5% but less than 12% passing the No. 200 sieve

RELATIVE DENSITY

(Sands and Gravels)

Very loose – Less than 4 Blow/Foot Loose – 4 to 10 Blows/Foot

Medium Dense – 11 to 30 Blows/Foot Dense – 31 to 50 Blows/Foot

Very Dense – More than 50 Blows/Foot

CONSISTENCY

(Silts and Clays)

Very Soft – Less than 2 Blows/Foot Soft – 2 to 4 Blows/Foot Firm – 5 to 8 Blows/Foot Stiff – 9 to 15 Blows/Foot

Very Stiff – 16 to 30 Blows/Foot Hard – More than 30 Blows/Foot

RELATIVE HARDNESS

(Limestone)

Soft – 100 Blows for more than 2 Inches Hard – 100 Blows for less than 2 Inches

MODIFIERS

These modifiers Provide Our Estimate of the Amount of Minor Constituents (Silt or Clay Size Particles) in the Soil Sample

Trace – 5% or less With Silt or With Clay – 6% to 11%

Silty or Clayey – 12% to 30% Very Silty or Very Clayey – 31% to 50%

These Modifiers Provide Our Estimate of the Amount of Organic Components in the Soil Sample

Trace – Less than 3% Few – 3% to 4%

Some – 5% to 8% Many – Greater than 8%

These Modifiers Provide Our Estimate of the Amount of Other Components (Shell, Gravel, Etc.) in the Soil Sample

Trace – 5% or less Few – 6% to 12%

Some – 13% to 30% Many – 31% to 50%

SYMBOLS AND ABBREVIATIONS

SYMBOL DESCRIPTION

N-Value No. of Blows of a 140-lb. Weight Falling 30 Inches Required to Drive a Standard Spoon 1 Foot

WOR Weight of Drill Rods

WOH Weight of Drill Rods and Hammer

Sample from Auger Cuttings

Standard Penetration Test Sample

Thin-wall Shelby Tube Sample (Undisturbed Sampler Used)

RQD Rock Quality Designation

Stabilized Groundwater Level

Seasonal High Groundwater Level (also referred to as the W.S.W.T.)

NE Not Encountered

GNE Groundwater Not Encountered

BT Boring Terminated

-200 (%) Fines Content or % Passing No. 200 Sieve

MC (%) Moisture Content

LL Liquid Limit (Atterberg Limits Test)

PI Plasticity Index (Atterberg Limits Test)

NP Non-Plastic (Atterberg Limits Test)

K Coefficient of Permeability

Org. Cont. Organic Content

G.S. Elevation Ground Surface Elevation

Geotechnical-Engineering Report

Geotechnical Services Are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical-engineering study conducted for a civil engineer may not fulfill the needs of a constructor — a construction contractor — or even another civil engineer. Because each geotechnical- engineering study is unique, each geotechnical-engineering report is unique, prepared solely for the client. No one except you should rely on this geotechnical-engineering report without first conferring with the geotechnical engineer who prepared it. And no one

— not even you — should apply this report for any purpose or project except the one originally contemplated.

Read the Full Report Serious problems have occurred because those relying on a geotechnical-engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only.

Geotechnical Engineers Base Each Report on a Unique Set of Project-Specific Factors Geotechnical engineers consider many unique, project-specific factors when establishing the scope of a study. Typical factors include: the client’s goals, objectives, and risk-management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates otherwise, do not rely on a geotechnical-engineering report that was:

• not prepared for you;

• not prepared for your project;

• not prepared for the specific site explored; or

• completed before important project changes were made.

Typical changes that can erode the reliability of an existing geotechnical-engineering report include those that affect:

• the function of the proposed structure, as when it’s changed from a parking garage to an office building, or from a light-industrial plant to a refrigerated warehouse;

• the elevation, configuration, location, orientation, or weight of the proposed structure;

• the composition of the design team; or

• project ownership.

As a general rule, always inform your geotechnical engineer of project changes—even minor ones—and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed.

Subsurface Conditions Can Change A geotechnical-engineering report is based on conditions that existed at the time the geotechnical engineer performed the study. Do not rely on a geotechnical-engineering report whose adequacy may have been affected by: the passage of time;

man-made events, such as construction on or adjacent to the site; or natural events, such as floods, droughts, earthquakes, or groundwater fluctuations. Contact the geotechnical engineer before applying this report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems.

Most Geotechnical Findings Are Professional Opinions Site exploration identifies subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engineers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ — sometimes significantly — from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide geotechnical-construction observation is the most effective method of managing the risks associated with unanticipated conditions.

A Report’s Recommendations Are Not Final Do not overrely on the confirmation-dependent recommendations included in your report. Confirmation-dependent recommendations are not final, because geotechnical engineers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the report’s confirmation-dependent recommendations if that engineer does not perform the geotechnical-construction observation required to confirm the recommendations’ applicability.

A Geotechnical-Engineering Report Is Subject to Misinterpretation Other design-team members’ misinterpretation of geotechnical-engineering reports has resulted in costly

Important Information about This

Subsurface problems are a principal cause of construction delays, cost overruns, claims, and disputes.

While you cannot eliminate all such risks, you can manage them. The following information is provided to help.

problems. Confront that risk by having your geo technical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical engineer to review pertinent elements of the design team’s plans and specifications. Constructors can also misinterpret a geotechnical-engineering report. Confront that risk by having your geotechnical engineer participate in prebid and preconstruction conferences, and by providing geotechnical construction observation.

Do Not Redraw the Engineer’s Logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical-engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognize that separating logs from the report can elevate risk.

Give Constructors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make constructors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation.

To help prevent costly problems, give constructors the complete geotechnical-engineering report, but preface it with a clearly written letter of transmittal. In that letter, advise constructors that the report was not prepared for purposes of bid development and that the report’s accuracy is limited;

encourage them to confer with the geotechnical engineer who prepared the report (a modest fee may be required) and/ or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure constructors have sufficient time to perform additional study. Only then might you be in a position to give constructors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions.

Read Responsibility Provisions Closely Some clients, design professionals, and constructors fail to recognize that geotechnical engineering is far less exact than other engineering disciplines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their reports. Sometimes labeled “limitations,” many of these provisions indicate where geotechnical engineers’ responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly.

Environmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform an environmental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical-engineering report does not usually relate any environmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your own environmental information, ask your geotechnical consultant for risk-management guidance. Do not rely on an environmental report prepared for someone else.

Obtain Professional Assistance To Deal with Mold Diverse strategies can be applied during building design, construction, operation, and maintenance to prevent significant amounts of mold from growing on indoor surfaces.

To be effective, all such strategies should be devised for the express purpose of mold prevention, integrated into a comprehensive plan, and executed with diligent oversight by a professional mold-prevention consultant. Because just a small amount of water or moisture can lead to the development of severe mold infestations, many mold- prevention strategies focus on keeping building surfaces dry. While groundwater, water infiltration, and similar issues may have been addressed as part of the geotechnical- engineering study whose findings are conveyed in this report, the geotechnical engineer in charge of this project is not a mold prevention consultant;

none of the services performed in connection with the geotechnical engineer’s study were designed or conducted for the purpose of mold prevention. Proper implementation of the recommendations conveyed in this report will not of itself be sufficient to prevent mold from growing in or on the structure involved.

Rely, on Your GBC-Member Geotechnical Engineer for Additional Assistance Membership in the Geotechnical Business Council of the Geoprofessional Business Association exposes geotechnical engineers to a wide array of risk-confrontation techniques that can be of genuine benefit for everyone involved with a construction project. Confer with you GBC-Member geotechnical engineer for more information.

8811 Colesville Road/Suite G106, Silver Spring, MD 20910 Telephone: 301/565-2733 Facsimile: 301/589-2017 e-mail: info@geoprofessional.org www.geoprofessional.org

Copyright 2015 by Geoprofessional Business Association (GBA). Duplication, reproduction, or copying of this document, or its contents, in whole or in part, by any means whatsoever, is strictly prohibited, except with GBA’s specific written permission. Excerpting, quoting, or otherwise extracting wording from this document is permitted only with the express written permission of GBA, and only for purposes of scholarly research or book review. Only members of GBA may use this document as a complement to or as an element of a geotechnical-engineering report. Any other firm, individual, or other entity that so uses this document without being a GBA member could be commiting negligent or intentional (fraudulent) misrepresentation.

WARRANTY

Universal Engineering Sciences has prepared this report for our client for his exclusive use, in accordance with generally accepted soil and foundation engineering practices, and makes no other warranty either expressed or implied as to the professional advice provided in the report.

UNANTICIPATED SOIL CONDITIONS

The analysis and recommendations submitted in this report are based upon the data obtained from soil borings performed at the locations indicated on the Boring Location Plan. This report does not reflect any variations which may occur between these borings.

The nature and extent of variations between borings may not become known until excavation begins. If variations appear, we may have to re-evaluate our recommendations after performing on-site observations and noting the characteristics of any variations.

CHANGED CONDITIONS

We recommend that the specifications for the project require that the contractor immediately notify Universal Engineering Sciences, as well as the owner, when subsurface conditions are encountered that are different from those present in this report.

No claim by the contractor for any conditions differing from those anticipated in the plans, specifications, and those found in this report, should be allowed unless the contractor notifies the owner and Universal Engineering Sciences of such changed conditions. Further, we recommend that all foundation work and site improvements be observed by a representative of Universal Engineering Sciences to monitor field conditions and changes, to verify design assumptions and to evaluate and recommend any appropriate modifications to this report.

MISINTERPRETATION OF SOIL ENGINEERING REPORT

Universal Engineering Sciences is responsible for the conclusions and opinions contained within this report based upon the data relating only to the specific project and location discussed herein. If the conclusions or recommendations based upon the data presented are made by others, those conclusions or recommendations are not the responsibility of Universal Engineering Sciences.

CHANGED STRUCTURE OR LOCATION

This report was prepared in order to aid in the evaluation of this project and to assist the architect or engineer in the design of this project. If any changes in the design or location of the structure as outlined in this report are planned, or if any structures are included or added that are not discussed in the report, the conclusions and recommendations contained in this report shall not be considered valid unless the changes are reviewed and the conclusions modified or approved by Universal Engineering Sciences.

USE OF REPORT BY BIDDERS

Bidders who are examining the report prior to submission of a bid are cautioned that this report was prepared as an aid to the designers of the project and it may affect actual construction operations.

Bidders are urged to make their own soil borings, test pits, test caissons or other investigations to determine those conditions that may affect construction operations. Universal Engineering Sciences cannot be responsible for any interpretations made from this report or the attached boring logs with regard to their adequacy in reflecting subsurface conditions which will affect construction operations.

STRATA CHANGES

Strata changes are indicated by a definite line on the boring logs which accompany this report. However, the actual change in the ground may be more gradual. Where changes occur between soil samples, the location of the change must necessarily be estimated using all available information and may not be shown at the exact depth.

OBSERVATIONS DURING DRILLING

Attempts are made to detect and/or identify occurrences during drilling and sampling, such as: water level, boulders, zones of lost circulation, relative ease or resistance to drilling progress, unusual sample recovery, variation of driving resistance, obstructions, etc.; however, lack of mention does not preclude their presence.

WATER LEVELS

Water level readings have been made in the drill holes during drilling and they indicate normally occurring conditions. Water levels may not have been stabilized at the last reading. This data has been reviewed and interpretations made in this report. However, it must be noted that fluctuations in the level of the groundwater may occur due to variations in rainfall, temperature, tides, and other factors not evident at the time measurements were made and reported. Since the probability of such variations is anticipated, design drawings and specifications should accommodate such possibilities and construction planning should be based upon such assumptions of variations.

LOCATION OF BURIED OBJECTS

All users of this report are cautioned that there was no requirement for Universal Engineering Sciences to attempt to locate any man-made buried objects during the course of this exploration and that no attempt was made by Universal Engineering Sciences to locate any such buried objects. Universal Engineering Sciences cannot be responsible for any buried man-made objects which are subsequently encountered during construction that are not discussed within the text of this report.

TIME

This report reflects the soil conditions at the time of exploration. If the report is not used in a reasonable amount of time, significant changes to the site may occur and additional reviews may be required.

CONSTRAINTS & RESTRICTIONS

The intent of this document is to bring to your attention the potential concerns and the basic limitations of a typical geotechnical report.

Universal Engineering Sciences, LLC

GENERAL CONDITIONS

SECTION 1: RESPONSIBILITIES 1.1 Universal Engineering Sciences, LLC, and its subsidiaries and affiliated companies (“UES”), is responsible for providing the services described under the Scope of Services. The term "UES" as used herein includes all of UES’s agents, employees, professional staff, and subcontractors. 1.2 The Client or a duly authorized representative is responsible for providing UES with a clear understanding of the project nature and scope.

The Client shall supply UES with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys, plans and specifications, and designs, to allow UES to properly complete the specified services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product. 1.3 The Client acknowledges that UES’s responsibilities in providing the services described under the Scope of Services section is limited to those services described therein, and the Client hereby assumes any collateral or affiliated duties necessitated by or for those services. Such duties may include, but are not limited to, reporting requirements imposed by any third party such as federal, state, or local entities, the provision of any required notices to any third party, or the securing of necessary permits or permissions from any third parties required for UES’s provision of the services so described, unless otherwise agreed upon by both parties in writing.

SECTION 2: STANDARD OF CARE 2.1 Services performed by UES under this Agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of UES's profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, express or implied, is made. 2.2 Execution of this document by UES is not a representation that UES has visited the site, become generally familiar with local conditions under which the work is to be performed, or correlated personal observations with the requirements of the Scope of Services. It is the Client’s responsibility to provide UES with all information necessary for UES to provide the services described under the Scope of Services, and the Client assumes all liability for information not provided to UES that may affect the quality or sufficiency of the services so described.

SECTION 3: SITE ACCESS AND SITE CONDITIONS 3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for UES to perform the work set forth in this Agreement. The Client will notify any possessors of the project site that Client has granted UES free access to the site.

UES will take reasonable precautions to minimize damage to the site, but it is understood by Client that, in the normal course of work, some damage may occur, and the correction of such damage is not part of this Agreement unless so specified in the Scope of Services. 3.2 The Client is responsible for the accuracy of locations for all subterranean structures and utilities. UES will take reasonable precautions to avoid known subterranean structures, and the Client waives any claim against UES, and agrees to defend, indemnify, and hold UES harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to compensate UES for any time spent or expenses incurred by UES in defense of any such claim with compensation to be based upon UES's prevailing fee schedule and expense reimbursement policy.

SECTION 4: BILLING AND PAYMENT 4.1 UES will submit invoices to Client monthly or upon completion of services. Invoices will show charges for different personnel and expense classifications. 4.2 Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. Client agrees to pay a finance charge of one and one-half percent (1 ½ %) per month, or the maximum rate allowed by law, on past due accounts. 4.3 If UES incurs any expenses to collect overdue billings on invoices, the sums paid by UES for reasonable attorneys' fees, court costs, UES's time, UES's expenses, and interest will be due and owing by the Client.

SECTION 5: OWNERSHIP AND USE OF DOCUMENTS 5.1 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by UES, as instruments of service, shall remain the property of UES. Neither Client nor any other entity shall change or modify UES’s instruments of service. 5.2 Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose. 5.3 UES will retain all pertinent records relating to the services performed for a period of five years following submission of the report or completion of the Scope of Services, during which period the records will be made available to the Client in a reasonable time and manner. 5.4 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by UES, are prepared for the sole and exclusive use of Client, and may not be given to any other entity, or used or relied upon by any other entity, without the express written consent of UES. Client is the only entity to which UES owes any duty or duties, in contract or tort, pursuant to or under this Agreement.

SECTION 6: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS 6.1 Client represents that a reasonable effort has been made to inform UES of known or suspected hazardous materials on or near the project site. 6.2 Under this agreement, the term hazardous materials include hazardous materials, hazardous wastes, hazardous substances (40 CFR 261.31, 261.32, 261.33), petroleum products, polychlorinated biphenyls, asbestos, and any other material defined by the U.S. EPA as a hazardous material. 6.3 Hazardous materials may exist at a site where there is no reason to believe they are present. The discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. The discovery of unanticipated hazardous materials may make it necessary for UES to take immediate measures to protect health and safety. Client agrees to compensate UES for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. 6.4 UES will notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered. Client will make any disclosures required by law to the appropriate governing agencies. Client will hold UES harmless for all consequences of disclosures made by UES which are required by governing law. In the event the project site is not owned by Client, Client it is the Client's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. 6.5 Notwithstanding any other provision of the Agreement, Client waives any claim against UES, and to the maximum extent permitted by law, agrees to defend, indemnify, and save UES harmless from any claim, liability, and/or defense costs for injury or loss arising from UES's discovery of unanticipated hazardous materials or suspected hazardous materials including any costs created by delay of the project and any cost associated with possible reduction of the property's value. Client will be responsible for ultimate disposal of any samples secured by UES which are found to be contaminated.

SECTION 7: RISK ALLOCATION 7.1 Client agrees that UES's liability for any damage on account of any breach of contract, error, omission, or professional negligence will be limited to a sum not to exceed $50,000 or UES’s fee, whichever is greater. If Client prefers to have higher limits on contractual or professional liability, UES agrees to increase the limits up to a maximum of $1,000,000.00 upon Client’s written request at the time of accepting UES’s proposal provided that Client agrees to pay an additional consideration of four percent of the total fee, or $400.00, whichever is greater. If Client prefers a $2,000,000.00 limit on contractual or professional liability, UES agrees to increase the limits up to a maximum of $2,000,000.00 upon Client’s written request at the time of accepting UES’s proposal provided that Client agrees to pay an additional consideration of four percent of the total fee, or $800.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional professional liability insurance. 7.2 Client shall not be liable to UES and UES shall not be liable to Client for any incidental, special, or consequential damages (including lost profits, loss of use, and lost savings) incurred by either party due to the fault of the other, regardless of the nature of the fault, or whether it was committed by Client or UES, their employees, agents, or subcontractors; or whether such liability arises in breach of contract or warranty, tort (including negligence), statutory, or any other cause of action. 7.3 As used in this Agreement, the terms “claim” or “claims” mean any claim in contract, tort, or statute alleging negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach of warranty, negligent misrepresentation, or any other act giving rise to liability.

SECTION 8: INSURANCE 8.1 UES represents it and its agents, staff and consultants employed by UES, is and are protected by worker's compensation insurance and that UES has such coverage under public liability and property damage insurance policies which UES deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, UES agrees to indemnify and save Client harmless from and against loss, damage, or liability arising from negligent acts by UES, its agents, staff, and consultants employed by it. UES shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance or the limits described in Section 7, whichever is less. The Client agrees to defend, indemnify, and save UES harmless for loss, damage or liability arising from acts by Client, Client's agents, staff, and others employed by Client. 8.2 Under no circumstances will UES indemnify Client from or for Client’s own actions, negligence, or breaches of contract. 8.3

To the extent damages are covered by property insurance, Client and UES waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance.

SECTION 9: DISPUTE RESOLUTION 9.1 All claims, disputes, and other matters in controversy between UES and Client arising out of or in any way related to this Agreement will be submitted to mediation or non-binding arbitration, before and as a condition precedent to other remedies provided by law. 9.2 If a dispute arises and that dispute is not resolved by mediation or non-binding arbitration, then: (a) the claim will be brought in the state or federal courts having jurisdiction where the UES office which provided the service is located; and (b) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees, and other claim related expenses.

SECTION 10: TERMINATION 10.1 This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or in the case of a force majeure event such as terrorism, act of war, public health or other emergency. Such termination shall not be effective if such substantial failure or force majeure has been remedied before expiration of the period specified in the written notice. In the event of termination, UES shall be paid for services performed to the termination notice date plus reasonable termination expenses.

10.2 In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by the Agreement, UES may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to the date of notice of termination or suspension. The expense of termination or suspension shall include all direct costs of UES in completing such analyses, records, and reports.

SECTION 11: REVIEWS, INSPECTIONS, TESTING, AND OBSERVATIONS 11.1 Plan review, private provider inspections, and building inspections are performed for the purpose of observing compliance with applicable building codes. Threshold inspections are performed for the purpose of observing compliance with an approved threshold inspection plan. Construction materials testing (“CMT”) is performed to document compliance of certain materials or components with applicable testing standards. UES’s performance of plan reviews, private provider inspections, building inspections, threshold inspections, or CMT, or UES’s presence on the site of Client’s project while performing any of the foregoing activities, is not a representation or warranty by UES that Client’s project is free of errors in either design or construction. 11.2 If UES is retained to provide construction monitoring or observation, UES will report to Client any observed work which, in UES’s opinion, does not conform to the plans and specifications provided to UES. UES shall have no authority to reject or terminate the work of any agent or contractor of Client. No action, statements, or communications of UES, or UES’s site representative, can be construed as modifying any agreement between Client and others. UES’s performance of construction monitoring or observation is not a representation or warranty by UES that Client’s project is free of errors in either design or construction. 11.3 Neither the activities of UES pursuant to this Agreement, nor the presence of UES or its employees, representatives, or subcontractors on the project site, shall be construed to impose upon UES any responsibility for means or methods of work performance, superintendence, sequencing of construction, or safety conditions at the project site. Client acknowledges that Client or its contractor is solely responsible for project jobsite safety. 11.4 Client is responsible for scheduling all inspections and CMT activities of UES. All testing and inspection services will be performed on a will-call basis. UES will not be responsible for tests and inspections that are not performed due to Client’s failure to schedule UES’s services on the project, or for any claims or damages arising from tests and inspections that are not scheduled or performed.

SECTION 12: ENVIRONMENTAL ASSESSMENTS Client acknowledges that an Environmental Site Assessment (“ESA”) is conducted solely to permit UES to render a professional opinion about the likelihood or extent of regulated contaminants being present on, in, or beneath the site in question at the time services were conducted. No matter how thorough an ESA study may be, findings derived from the study are limited and UES cannot know or state for a fact that a site is unaffected by reportable quantities of regulated contaminants as a result of conducting the ESA study. Even if UES states that reportable quantities of regulated contaminants are not present, Client still bears the risk that such contaminants may be present or may migrate to the site after the ESA study is complete.

SECTION 13: SUBSURFACE EXPLORATIONS 13.1 Client acknowledges that subsurface conditions may vary from those observed at locations where borings, surveys, samples, or other explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by UES will be based solely on information available to UES at the time of service. UES is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties’ interpretations or use of the information developed or provided by UES. 13.2 Subsurface explorations may result in unavoidable cross-contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated zone and links it to an aquifer, underground stream, or other hydrous body not previously contaminated. UES is unable to eliminate totally cross-contamination risk despite use of due care.

Since subsurface explorations may be an essential element of UES’s services indicated herein, Client shall, to the fullest extent permitted by law, waive any claim against UES, and indemnify, defend, and hold UES harmless from any claim or liability for injury or loss arising from cross-contamination allegedly caused by UES’s subsurface explorations. In addition, Client agrees to compensate UES for any time spent or expenses incurred by UES in defense of any such claim with compensation to be based upon UES's prevailing fee schedule and expense reimbursement policy.

SECTION 14: SOLICITATION OF EMPLOYEES Client agrees not to hire UES's employees except through UES. In the event Client hires a UES employee within one year following any project through which Client had contact with said employee, Client shall pay UES an amount equal to one-half of the employee's annualized salary, as liquidated damages, without UES waiving other remedies it may have.

SECTION 15: ASSIGNS Neither Client nor UES may delegate, assign, sublet, or transfer its duties or interest in this Agreement without the written consent of the other party.

SECTION 16: GOVERNING LAW AND SURVIVAL 16.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the UES office performing the services hereunder is located. 16.2 In any of the provisions of this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired and will survive. Limitations of liability and indemnities will survive termination of this agreement for any cause.

SECTION 17: INTEGRATION CLAUSE 17.1 This Agreement represents and contains the entire and only agreement and understanding among the parties with respect to the subject matter of this Agreement, and supersedes any and all prior and contemporaneous oral and written agreements, understandings, representations, inducements, promises, warranties, and conditions among the parties. No agreement, understanding, representation, inducement, promise, warranty, or condition of any kind with respect to the subject matter of this Agreement shall be relied upon by the parties unless expressly incorporated herein.

17.2 This Agreement may not be amended or modified except by an agreement in writing signed by the party against whom the enforcement of any modification or amendment is sought.

SECTION 18: WAIVER OF JURY TRIAL Both Client and UES waive trial by jury in any action arising out of or related to this Agreement.

SECTION 19: INDIVIDUAL LIABILTY PURSUANT TO FLORIDA STAT. 558.0035, AN

INDIVIDUAL EMPLOYEE OR AGENT OF UES MAY NOT BE HELD INDIVIDUALLY LIABLE

FOR NEGLIGENCE.

UES DOCS No. 1823094 Revised 12/04/2020