Request for Proposals (RFP) Asbestos Abatement and ...€¦ · assumed asbestos-containing until sampling and analysis can confirm or deny their asbestos content. 5.2 Recommendations

Request for Proposals (RFP)

Asbestos Abatement and Remediation Services

Children’s Board of Hillsborough County

Family Resource Center

The Children’s Board of Hillsborough County (CBHC) is issuing

this Request for Proposals (RFP) soliciting proposals from qualified

proposers to provide all services for the complete abatement and

disposal of asbestos containing materials in a 7,586 sq. ft. commercial

building located at 301 N. Palmer St., Plant City, FL 33563.

This Request for Proposals (RFP) provides complete information on the

services being sought, the submittal requirements, and timeline.

If interested in providing these services, please submit your proposal

meeting the requirements defined in this RFP to:

Paula Scott, Director of Operations

1002 E. Palm Ave. Tampa FL 33605

Proposals must be received by August 12, 2020.

This RFP does not obligate the Children’s Board of Hillsborough County to

pay any cost incurred by respondents in the preparation and submission

of a response. Furthermore, a response to the RFP does not obligate the

Children’s Board of Hillsborough County to accept or contract for any

expressed or implied services. The Children’s Board of Hillsborough County

reserves the right to reject any and all proposals for any reason. The

Children’s Board is committed to the principal of equal employment

opportunity regardless of race, color, creed, sex, age, sexual orientation,

nationality or disability.

Kelley Parris, Executive Director

Edwin Narain, Board Chair

For further information, please contact:

Paula Scott, Director of Operations

[email protected]

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mailto:[email protected]



1002 E. Palm Ave.

Tampa, FL 33605

Request for Proposals

RFP Designation: PUR 2020-04

Asbestos Abatement and Remediation Services

Children’s Board of Hillsborough County Family Resource Center

INSTRUCTIONS TO PROPOSERS

This Request for Proposals (RFP) has been designed to provide the

Children’s Board of Hillsborough County with professional services to

successfully abate and dispose of asbestos containing materials. The

proposer shall have applicable permits, licenses, etc., that may be

required by Federal, State, County, Municipal or local law to furnish

services under the scope of this project.

Responses to the RFP shall be made according to the instructions

contained herein.

Proposers are responsible for complying with any addendum issued by the

Children’s Board of Hillsborough County. Failure to respond to any item,

including any requested information, or failure to follow this procurement

document may result in the submission of an incomplete proposal and

may result in rejection of the proposal from further consideration.

The evaluation and determination of the fulfillment of the RFP requirement

will be Children’s Board of Hillsborough County’s responsibility, and its

judgment shall be final.

GENERAL PROPOSAL CONDITIONS

Proposers understand and agree that submission of a proposal will

constitute acknowledgment and acceptance of, and willingness to

comply with, all the terms, conditions, and criteria contained in this RFP,

except as otherwise specified in the proposal.

ATTACHMENTS TO THIS RFP:

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Attachment “A” – Required Elements of Proposal

Attachment “B” – Bid Specifications/Bid Submittal Form

Attachment “C” - Pre-Renovation NESHAP Asbestos Survey Report

Attachment “D” – Independent Contractor Agreement

SUBMISSION INSTRUCTIONS:

Proposals will not be accepted by e-mail. Please mail, hand deliver, or

courier proposals before 4:00 p.m. (Children’s Board Lobby Clock) on

August 12, 2020 to:


1002 E. Palm Avenue

Tampa FL 33605

Attention: Paula Scott

Proposals received after this specified date and time shall be considered

late and shall not be considered for evaluation.

Submit one (1) original printed proposal and three (3) identical copies

including attachments;

o If the original application contains color, copies must also be in

color;

o Copies may be stapled or paper clipped, but DO NOT bind

original or copies;

Submit one (1) electronic proposal and attachments on a USB drive in .pdf

format;

Failure to comply with the submission instructions above may result in

disqualification of the proposal from further consideration.

DEFINITIONS IN THIS RFP:

“CBHC” means Children’s Board of Hillsborough County (also referred to

as Owner).

“Proposal” is the response of a person, firm, or corporation submitting to

provide the services sought by this RFP.

“Proposer” is the person, firm, or corporation that submits a proposal in

response to this RFP.

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“Florida-Licensed Asbestos Abatement Contractor” referred to in this

document as FLAAC, is the proposer with which the Children’s Board of

Hillsborough County enters into a contract to provide the services sought

by this RFP. This entity is a properly licensed Asbestos Abatement

Contractor under the laws of the State of Florida to provide the services

outlined in this RFP.

GENERAL DESCRIPTION OF SCOPE OF PROFESSIONAL SERVICES REQUESTED

The CBHC is issuing this Request for Proposals (RFP) soliciting proposals from

qualified proposers to provide all services for the complete abatement

and disposal of asbestos containing materials in a 7,586 sq. ft. commercial

building located at 301 N. Palmer St., Plant City, FL, as outlined in the

March 27, 2020 Terracon Pre-Renovation NESHAP Asbestos Survey Report

(Attachment “C”).

Each proposer is responsible to determine for themselves the accuracy of

the volume estimates of asbestos containing material in the report. The

selected contractor will be responsible for the safety and security of the

work site and must follow all Federal and State laws and regulations and

provide documentation of proper disposal of the asbestos containing

materials in a permitted asbestos disposal site or permitted landfill to the

Children’s Board of Hillsborough County.

Proposer must provide all regulatory agencies including the Department

of Environmental Protection, and the CBHC notification of asbestos

abatement activities ten (10) working days prior to commencement of

demolition activities.

Schedule:

Please note, dates are subject to change and will be announced through

formal issued addendum. All issued addendum can be accessed on the

Children’s Board website at www.childrensboard.org.

Informational Briefing

August 5, 2020 1:00 p.m. (Eastern Daylight Time)

The briefing will take place at 301 N. Palmer St., Plant City, FL 33563. The

purpose of this briefing is to familiarize the potential proposers with the

commercial building and scope of project.

Deadline to Submit Written Questions:


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http://www.childrensboard.org/


No interpretation of the meaning of the specifications, or other contract

documents will be made to any proposer orally. Every request for such

interpretation must be in writing, addressed to Paula Scott, email address

[email protected]. Any and all such interpretations and any

supplemental instructions will be in the form of a written addendum. Failure

of a proposer to receive any such addendum or interpretation shall not

relieve said proposer from an obligation under this invitation to submit a

proposal. Failure to respond to issued addenda may result in the rejection

of your proposal. All addenda so issued shall become part of the Contract

Documents.

Proposals Due:


The selection of FLAAC pending Executive Director approval.

August 17, 2020

Complete RFP available on our website – www.childrensboard.org &

www.demandstar.com

OWNERSHIP OF DOCUMENTS

All data information, material and matter of any nature and all copies

thereof in any and all forms whatsoever developed by the FLAAC or in the

FLAAC's possession or control relating to the project are the property of

the CBHC and shall be turned over to the CBHC within ten (10) days after

request.

OWNER’S DESIGNATED REPRESENTATIVE

The CBHC’s designated representative for this project is Paula Scott,

Director of Operations, who shall be the FLAAC’s CBHC contact point

during the asbestos abatement and remediation process. This

representative shall be the primary channel of communication to the

CBHC and shall act as the Owner's liaison with the FLAAC. The CBHC may

designate multiple representatives responsible for defined aspects of the

project, and, may replace or re-designate any or all representatives in its

sole discretion.

RESTRICTED COMMUNICATION (Insert Dates here)

Proposers may not communicate with Children’s Board personnel and/or

Board members, other than Paula Scott and only by email. Proposers that

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http://www.demandstar.com/

http://www.demandstar.com/

engage in prohibited communications regarding this RFP with Children’s

Board personnel or Board members will be eliminated from the process.

REQUIREMENTS

The proposal should be made in conformance with Attachment “A”

Required Elements of Proposal, and Attachment “B” Bid Specifications/Bid

Submittal Form. Proposers are urged to include only information that is

relevant to this specific proposal to provide a straightforward, concise

delineation of capabilities to satisfy the requirements of the RFP and

emphasize the proposer’s demonstrated capability to provide full

asbestos abatement and remediation services.

By submission of a proposal, the proposer acknowledges that

representatives of CBHC have the right to make any inquiry or

investigation they deem appropriate to substantiate or supplement

information contained in the proposal.

ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR

MERGERS

The proposer shall perform this contract. No assignment or subcontracting

shall be allowed without prior written consent of CBHC. If a proposer

intends to subcontract or assign a portion of this work in the form of a

formal agreement, the proposer must disclose that intent in the proposal

and all requirements contained in this RPF will apply to any sub-

contractors.

In the event of a corporate acquisition and/or merger, the proposer shall

provide written notice to CBHC within ten (10) business days of proposers

notice of such action or upon the occurrence of said action, whichever

occurs first. Action by CBHC awarding a contract to a proposer that has

disclosed its intent to assign or subcontract in its response to this RFP,

without exception shall constitute approval of such for the purpose of this

agreement.

AWARD OF CONTRACT

The contract for the services will be awarded based on the criteria in this

RFP; and to the proposal determined in writing to be the best bid meeting

the request and by which the Children's Board receives the best value. No

contract shall exist between the Children’s Board and the selected

proposer until the written contract is signed by the Children’s Board and

the selected proposer.

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PUBLIC RECORDS AND STATEMENT OF QUALIFICATIONS

In accordance with chapter 119, Florida Statutes, all proposals shall

become public records and open for inspection and copying in

accordance with the Chapter 119, Florida Statutes.

The following terms and conditions shall be included in any contract with

the successful proposer.

STATEMENT OF ASSURANCE

The successful proposer shall comply with the following Statement of

Assurance:

During the performance of this Contract, the proposer herein assures the

CBHC, that said proposer is in compliance with Title VII of the 1964 Civil

Rights Act, as amended, and the Florida Human Rights Act of 1977 in that

the proposer does not discriminate in any form or manner on the grounds

of race, color national origin, religion, sex, age, handicap or marital status,

sexual orientation, gender or gender identity of proposer’s employees or

applicants for employment. The proposer understands and agrees that

this Contract is conditioned upon the veracity of this Statement of

Assurance. Furthermore, the proposer herein assures the CBHC that said

proposer will comply with Title VII of the Civil Rights Act of 1964 when

federal grant(s) is/are involved. This Statement of Assurance shall be

interpreted to include Vietnam-Era Veterans and Disabled Veterans within

its protective range of applicability.

INDEMNIFICATION CLAUSE: (GENERAL LIABILITY)

The proposer shall indemnify, hold harmless, and defend the Children’s

Board of Hillsborough County, its agents and employees, and anyone

directly or indirectly employed by either of them, from and against any

and all liabilities, losses, claims, damages, demands expenses or actions,

either at law or in equity, including court costs and attorney's fees, that

may hereafter at any time be made or brought by anyone on account of

personal injury, property damage, loss of monies, or other loss, allegedly

caused or incurred, in whole or in part, as a result of any negligent,

wrongful, or intentional act or omission, or based on any action of fraud or

defalcation by the proposer, or anyone performing any act required of

proposer in connection with performance of the contract awarded

pursuant to this Request for Proposals. These obligations shall survive

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acceptance of any goods and/or performance and payment therefore

by the CBHC.

CONFLICT OF INTEREST

Proposer represents that it, its officers, and employees presently have no

conflicting interest, financial or otherwise, in the performance of a

contract and will acquire no interest, either directly or indirectly, which

would conflict in any manner with the performance of the project. All

potential conflicts of interest, or current or past employment or

contractual relationships with the Board, any Board Member, or any Board

employee. Proposer shall disclose to the CBHC any employment or

contractual relationships between the proposer, its officers, or employees

and any other individual or entity that may create a conflict of interest.

NO ASSIGNMENT OF CONTRACT

The successful proposer may not make any assignment of the resulting

contractual agreement or delegation of duties between the parties, in

whole or in part, without the prior written authorization as may be given at

the sole discretion of the CBHC.

PROHIBITIONS ON PROPOSERS WHO ARE FORMER CBHC EMPLOYEES AND

BOARD MEMBERS

For a period of two years from the date a Children’s Board employee or

Board member ceases his/her employment or Board member duties with

CBHC, the CBHC will not award a consulting or services contract to that

individual.

COMPLIANCE WITH ALL LAWS

The laws of the State of Florida apply to any purchase made under this

Request for Proposals shall comply with all local, state, and federal

directives, orders and laws as applicable to this proposal and subsequent

contract(s) including but not limited to the Florida Building Code, Equal

Employment Opportunity (EEO), Minority Business Enterprise (MBE), Workers

Compensation, State Law on E-Verify, and OSHA as applicable.

PROHIBITION AGAINST CONTINGENT FEES

The Proposer warrants that it has not employed or retained any company

or person, other than a bona fide employee working solely for the

proposer to solicit or secure the contract with the Children’s Board and

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that it has not paid or agreed to pay any person, company, corporation,

individual, or firm other than a bona fide employee working solely for the

proposer, any fee, commission, percentage, gift or any other

consideration, contingent upon or resulting from the award or making of

this contract.

INSURANCE REQUIREMENTS

The selected proposer shall acquire and maintain insurance coverage

throughout the duration of the contract agreement in accordance with

the coverage limits outlined in Attachment “A” Required Elements of

Proposal.

Sub-contractors must comply with the same insurance coverage limits

and requirements as the proposer.

REFERENCE CHECKS

References may be checked and verified by the CBHC. References that

cannot be verified may result in the rejection of the proposal or

determination that the CBHC should cease negotiations with that

proposer.

PUBLIC ENTITY CRIMES

Pursuant to Section 287.133(3)(a), Florida Statutes:

A person or affiliate who has been placed on the convicted vendor list

following a conviction for a public entity crime may not submit a bid,

proposal, or reply on a contract to provide any goods or services to a

public entity; may not submit a bid, proposal, or reply on a contract with a

public entity for the construction or repair of a public building or public

work; may not submit bids, proposals, or replies on leases of real property

to a public entity; may not be awarded or perform work as a contractor,

supplier, subcontractor, or consultant under a contract with any public

entity; and may not transact business with any public entity in excess of

the threshold amount provided in s. 287.017 for CATEGORY TWO for a

period of (36) months following the date of being placed on the

convicted vendor list.

PUBLIC RECORDS

Proposals Are Subject to Public Inspection: Unless deemed confidential or

exempted by law, all proposals are subject to public inspection and

copying under Florida’s Public Records Law, Chapter 119, Florida Statutes.

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Any claim of trade secret exemption for any information contained in a

proposal is waived upon opening of the proposal by the Children’s Board,

unless the claimed trade secret information is submitted in accordance

with this Section. This waiver includes any information included the

proposal outside of the separate trade secret document described

below.

Proposer’s Duty to Respond to Public Records Requests: In response to any

written notice by the Children’s Board that a public records request

received by the Children’s Board encompasses any portion of the

separate trade secret document part of the proposal, the proposer shall

expeditiously as required by the Public Records Law provide the Children’s

Board with a redacted version of the document(s) and identify in writing

the specific statutes and facts that authorize exemption of the information

from the Public Records Law. If different exemptions are claimed to be

applicable to different portions of the redacted information, the Proposer

shall provide information correlating the nature of the claims to the

particular redacted information. The redacted copy must only exclude or

obliterate only those exact portions that are claimed confidential or trade

secret leaving the necessary surrounding text. If Proposer fails to promptly

submit a redacted copy and justification in response to the notice of a

public records request, the Children’s Board is authorized to produce the

records sought without any redaction.

CONTRACT

By submitting a proposal, the proposer agrees that, if the CBHC selects

such proposer to perform the services, the proposer will, upon such

selection, execute a contract in substantially the same form as the

Independent Contractor Agreement attached hereto as Attachment

“D”.

OTHER TERMS AND CONDITIONS

The contract with the selected proposer shall be as provided by the CBHC

and may contain such other terms and conditions as are negotiated by

the CBHC and the selected proposer. The CBHC reserves the right to

incorporate all or part of this RFQ and the representations in the proposers

response into the contract.

END OF REQUEST FOR PROPOSALS

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1002 E. Palm Ave.

Tampa, FL 33605

Attachment “A”

Required Elements of Proposal

Format of Proposal

A proposer, in order to be considered, must address all of the following

qualifying required elements. Proposers must provide descriptive

statements for each in your Statement of Qualifications.

A. Experience

Qualifying Experience. Brief history of the proposer including any fields of

expertise, and previous experience with jobs of similar scope. List a

minimum of three (3) asbestos abatement projects similar in scope

including current contact information of owner/client for possible

reference checks.

B. Litigation

Provide a list of any litigation in which the Firm, Managing Principal and/or

Abatement Professional(s) is named a party.

C. Proposed Work Plan/Schedule

Include completion date

D. Certification and/or Licenses

Proposer must possess and submit with this bid all valid certification and/or

licenses required by federal and state laws at the time of submittal and for

the length of the project.

E. Certificate of Liability Insurance

Proposer must submit proof of liability insurance in an amount of at least

$1M. If proposer is awarded a contract for this project, a certificate of

liability insurance listing the Children’s Board of Hillsborough County as an

additional insured will be required.

F. Bid Submittal Form

(Included in this RFP)

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PROPOSALS MUST CONTAIN THE FOLLOWING INFORMATION ON THE FRONT

COVER PAGE:

Name of proposer: (FIRM, CORPORATION, BUSINESS OR INDIVIDUAL)

Federal I.D. Number

Primary Local Business Address

Phone number: (___-___-____), fax number: (___-___-____)

Present proposer or entity has been in business under its present name

since:

Licensed by the State of Florida as:

The license number(s) for the performance of these services is/are:

PROPOSER:

By: ____________________

(Authorized Signature signed in blue ink)

(Printed Name of Signer)

(Title of Signer)

(Date Signed)

All copies should be placed in a single envelope or box and marked on the

outside:

Proposal for Asbestos Abatement and Remediation Services

c/o Paula Scott, Director of Operations

Children's Board of Hillsborough County

1002 E. Palm Avenue

Tampa, Florida 33605

At the end of your submission, include the following statement:

“I certify that the preceding and referenced information is accurate to

the best of my knowledge and belief” and have it signed and dated by

the Principal responsible for the submission.

12


1002 E. Palm Ave.

Tampa, FL 33605

Attachment “B”

Bid Specifications/Bid Submittal Form

Project Location: 301 N. PALMER ST., PLANT CITY, FL 33563

The undersigned FLORIDA LICENSED ASBESTOS ABATEMENT CONTRACTOR,

having examined these documents, and having full knowledge of the

condition under which the work described herein must be performed,

hereby proposes that she/he will fulfill the obligations contain herein in

accordance with all instructions, terms, conditions, and specifications set

forth; and that she/he will furnish all required products/services and

pay all incidental costs in strict conformity with these documents for the

stated prices as payment in full.

Bid $________________________________________________________________

Available Start Date:

____________________________________________________________________

Project Completion Date:

____________________________________________________________________

Submitting Firm:

____________________________________________________________________

Address:

_____________________________________________________________________

Name of Authorized Representative (print/type):

_____________________________________________________________________

Title:

_____________________________________________________________________

Authorized Signature:

______________________________________________________________________

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Date:

______________________________________________________________________

Email:

______________________________________________________________________

Phone Number:

______________________________________________________________________

FIRM PRICING

Prices submitted in this bid form are firm through (minimum 45 days): ____

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Pre-Renovation NESHAP Asbestos

Survey Report

301 N. Palmer Street

Plant City, Florida 33563

March 27, 2020

Terracon Project No. H4207076A

Prepared for:

Children’s Board of Hillsborough County Tampa, FL

Prepared by:

Terracon Consultants, Inc.

Tampa, Florida

15

scottps

Typewritten Text

scottps

Typewritten Text

Attachment "C"

March 27, 2020

Children’s Board of Hillsborough County 1002 E. Palm Avenue Tampa, FL 33605

Attention: Ms. Kelley Parris

Phone: (813) 204-1723

Email: [email protected]

Re: Pre-Renovation NESHAP Asbestos Survey Report 301 N. Palmer Street


Terracon Project No. H4207076A

Dear Ms. Parris:

The purpose of this report is to present the results of a Pre-Renovation NESHAP Asbestos

Survey performed on March 23, 2020 at the above-referenced address in Plant City, Florida. This

survey was conducted in general accordance with our proposal PH4207076 dated February 24,

2020. We understand that this survey was requested to identify and locate asbestos-containing

materials (ACMs) prior to future renovation activities.

Asbestos was detected in samples collected from the interior of the aforementioned structure.

Please refer to the attached report for details.

Terracon appreciates the opportunity to provide this service to Children’s Board of Hillsborough County. If you have any questions regarding this report, please contact us at (813) 221-0050.

Sincerely,

Terracon Consultants, Inc.

Florida Asbestos Business License Number ZA-337

Pete MacKay Tom Holley, CIH Project Industrial Hygienist Licensed Asbestos Consultant AX-75 Florida Accredited Asbestos Building Inspector Authorized Project Reviewer

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TABLE OF CONTENTS

Page

1.0 INTRODUCTION ................................................................................................. 1

1.1 Project Objective .................................................................................... 1

1.2 Reliance .................................................................................................. 1

2.0 BUILDING DESCRIPTION .................................................................................. 2

3.0 FIELD ACTIVITIES .............................................................................................. 2

3.1 Visual Assessment ................................................................................. 2

3.2 Physical Assessment .............................................................................. 2

3.3 Sample Collection ................................................................................... 2

3.4 Sample Analysis ..................................................................................... 3

4.0 REGULATORY OVERVIEW ............................................................................... 3

5.0 FINDINGS AND RECOMMENDATIONS ............................................................ 4

5.1 Findings .................................................................................................. 4

5.2 Recommendations ................................................................................. 5

6.0 LIMITATIONS/GENERAL COMMENTS ............................................................. 5

APPENDIX A IDENTIFIED MATERIALS CONTAINING ASBESTOS BY HA

APPENDIX B ASBESTOS SURVEY SAMPLES LOCATION SUMMARY

APPENDIX C ASBESTOS ANALYTICAL LAB RESULTS

APPENDIX D REPRESENTATIVE PHOTOS

APPENDIX E SAMPLE LOCATION DIAGRAM

APPENDIX F LICENSES AND CERTIFICATIONS

17

PRE-RENOVATION NESHAP ASBESTOS SURVEY REPORT

301 N. Palmer Street


Project No. H4207076A

Report Date: March 27, 2020

1.0 INTRODUCTION

Terracon Consultants, Inc. (Terracon) conducted a pre-renovation NESHAP asbestos survey of

the existing facility located at 301 N. Palmer Street in Plant City, Florida. The survey was

conducted on March 23, 2020 by Mr. Pete MacKay, an Asbestos Hazard Emergency Response

Act (AHERA)-accredited building inspector, in general accordance with Proposal No.

PH4207076 dated February 24, 2020. Interior building components were surveyed and

homogeneous areas of suspect asbestos-containing materials (ACM) were visually identified and

documented. Although reasonable effort was made to survey accessible suspect materials,

additional suspect but un-sampled materials could be located in walls, in voids or in other

concealed areas. Suspect ACM samples were collected in general accordance with the sampling

protocols outlined in EPA regulation 40 CFR 763.86 (AHERA). Samples were delivered to an

accredited laboratory for analysis by Polarized Light Microscopy.

1.1 Project Objective

We understand this asbestos survey was requested due to the planned renovation of the

building. EPA regulation 40 CFR 61, Subpart M, National Emission Standards for Hazardous Air

Pollutants (NESHAP), prohibits the release of asbestos fibers to the atmosphere during

renovation activities. The asbestos NESHAP requires that potentially regulated asbestos-

containing building materials be identified, classified and quantified prior to planned disturbances

due to renovation activities.

1.2 Reliance

This report is for the exclusive use of Children’s Board of Hillsborough County for the project

being discussed. Reliance by any other party on this report is prohibited without written

authorization of Terracon and Children’s Board of Hillsborough County. Reliance on this report

by Children’s Board of Hillsborough County and all authorized parties will be subject to the

terms, conditions, and limitations stated in the proposal, this report and the existing agreement

between Children’s Board of Hillsborough County and Terracon.

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2.0 BUILDING DESCRIPTION

According to the Hillsborough County Property Appraisers office, the facility is approximately

7,586 square feet and was constructed in 1965. Interior finishes predominantly consist of lay-in

ceiling tiles, painted drywall systems, ceramic wall and flooring tiles, vinyl and carpet flooring.

3.0 FIELD ACTIVITIES

The survey was conducted by Mr. Peter MacKay, an AHERA-accredited building inspector. A

copy of the asbestos inspector certificate and applicable licenses are attached as Appendix F.

The survey was conducted in general accordance with the sample collection protocols established

in EPA regulation 40 CFR 763.86 (AHERA). A summary of survey activities is provided below.

3.1 Visual Assessment

Our survey activities began with visual observation of the interior of the building to identify

homogeneous areas of suspect ACM. A homogeneous area consists of building materials that

appear similar throughout in terms of color, texture and date of application. The assessment

was conducted throughout visually accessible areas of the facility. Building materials identified

as glass, wood, metal, foil or rubber were not considered suspect ACM.

The building exterior and roofing materials were not included in this survey.

3.2 Physical Assessment

A physical assessment of each homogeneous area of suspect ACM was conducted to assess the

friability and condition of the materials. A friable material is defined by the EPA as a material

which can be crumbled, pulverized or reduced to powder by hand pressure when dry. Friability

was assessed by physically touching suspect materials.

3.3 Sample Collection

Based on results of the visual observation, bulk samples of suspect ACM were collected in

general accordance with AHERA sampling protocols. Random samples of suspect materials were

collected in each homogeneous area. The inspector collected bulk samples using wet methods as

applicable to reduce the potential for fiber release. Samples were placed in sealable containers

and labeled with unique sample numbers using an indelible marker. Representative photographs

are included in Appendix D.

Overall, forty-five (45) bulk samples were collected by Terracon from twenty-two (22)

homogeneous areas of suspect ACM. A summary of suspect ACM observed and sampled during

the survey is provided in Appendix B.

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3.4 Sample Analysis

Bulk samples were submitted under chain of custody to Cates Laboratories, Inc. (Cates) of

Dallas, TX, a National Voluntary Laboratory Accreditation Program lab accredited (Lab No.

200569-0) for analysis of asbestos by polarized light microscopy with dispersion staining

techniques per EPA methodology 600/R-93/116. The percentage of asbestos, where

applicable, was determined by microscopic visual estimation.

4.0 REGULATORY OVERVIEW

The asbestos NESHAP (40 CFR Part 61, Subpart M) regulates asbestos fiber emissions and

asbestos waste disposal practices. The NESHAP regulation also requires the identification and

classification of existing ACM according to friability prior to a renovation or demolition activity.

Under NESHAP, asbestos-containing building materials are classified as:

1. Friable ACM, or

2. Category I Non-Friable ACM, or

3. Category II Non-Friable ACM.

Friable materials are those that, when dry, may be crumbled, pulverized or reduced to powder by

hand pressure. Category I Non-Friable ACM includes packings, gaskets, resilient floor coverings

and asphalt roofing products containing more than 1% asbestos. Category II Non-Friable ACM

are any materials other than Category I Non-Friable ACM that contain more than 1% asbestos.

Under NESHAP, Regulated Asbestos-Containing Materials (RACM) are classified as:

1. Friable ACM,

2. Category I Non-Friable ACM that is in poor condition and/or has become friable,

3. Category I Non-Friable ACM that will or has been subjected to sanding, grinding, cutting or

abrading

4. Category II Non-Friable ACM that has a high probability of becoming or has become

crumbled, pulverized or reduced to powder by the forces expected to act upon the material

in the course of renovation operations.

In the State of Florida, asbestos activities are regulated by the Florida Department of

Environmental Protection (FDEP). Some counties have developed an enforcement division to

carry out the responsibilities of the FDEP and have developed environmental and asbestos

ordinances in which additional compliance is required. With the facility located in Hillsborough

County Florida the NESHAP regulation compliance is through the DEP Southwest District.

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Per the NESHAP, RACM must be removed prior to renovation activities that will disturb the

materials. Removal of the ACM or RACM must be conducted by a State of Florida-licensed

asbestos abatement contractor, in compliance with Florida Statute (F.S) 469.001-014. In addition,

third party air monitoring should be performed during and following the abatement.

The Occupational Safety and Health Administration (OSHA) Asbestos standard for construction

(29 CFR 1926.1101) regulates employee workplace exposure to asbestos. The OSHA standard

has (2) Permissible Exposure Limits (PEL) that require employee exposure to airborne asbestos

fibers be maintained below 0.1 asbestos fibers per cubic centimeter of air (0.1 f/cc) for an 8-hour

Time-Weighted Average (8-Hr. TWA) and 1.0 f/cc for a 30-minute TWA (Excursion Limit). The

OSHA standard classifies construction and maintenance activities which could disturb ACM, and

specifies work practices and precautions which employers must follow when engaging in each

class of regulated work.

5.0 FINDINGS AND RECOMMENDATIONS

5.1 Findings

Based on the results of laboratory analysis, asbestos was detected in samples collected from the

building. The laboratory analytical report is included as Appendix C.

Friable ACM:

The following Friable ACM were identified during the survey:

• Window Glazing (HA-MS3): This material is considered to be Friable ACM that was

observed to be in poor, etc. condition. This material will require removal by a Florida

Licensed Asbestos Abatement Contractor prior to demolition activities. Additionally, as a

minimum, removal would be considered an OSHA Work Class I activity, subject to

specialized work practices, controls, etc.

Category I Non-Friable ACM:

The following Category I non-friable ACM were identified during the survey:

• 9”x9” Vinyl Floor Tile and Associated Black Mastic (HA-F5): The sublayer-layer floor

tiles were observed underneath HA-F1, HA-F4 & assumed underneath HA-F7. Floorings

and associated black mastics, etc., in their current state, can be considered a Category I

non-friable material. If disturbed during renovation activities, the ACM, and any associated

contaminated substrates should be removed prior to the disturbances as an OSHA Work

Class II activity, by a Florida Licensed Asbestos Abatement Contractor. Care should be

exercised so that the ACM is not subjected to aggressive actions that would render it

RACM, and/or that any substrates with the ACM or residue are then not subjected to

aggressive recycling activities.

21

• Black Mastic under Flooring – on Concrete slab (HA-F2): The Black Mastic, on the

concrete slab is assumed to be present on the concrete slab underneath the existing

multiple floorings (HA-F1, HA-F4 & HA-F7), in their current state, can be considered a

Category I non-friable material. If disturbed during renovation activities, the ACM, and any

associated contaminated substrates should be removed prior to the disturbances as an

OSHA Work Class II activity, by a Florida Licensed Asbestos Abatement Contractor. Care

should be exercised so that the ACM is not subjected to aggressive actions that would

render it RACM, and/or that any substrates with the ACM or residue are then not

subjected to aggressive recycling activities.

Regulated Asbestos Containing Materials (RACM):

The following RACM materials were identified during the survey:

• Drywall/Joint Compound (HA-W1): The discreet joint compound layer in the wallboard

system was found to contain 2% asbestos and the paint texture layer was also found to

contain 2% asbestos. The composite analysis “exemption” would not apply where other

coatings and/or textures would be present in ACM concentrations (>1%), then requiring

removal as a RACM prior to renovation disturbances. However, OSHA categorizes the

discreet joint compound layer as an ACM, requiring that the disturbance of the drywall/joint

compound system due to renovations to be considered an OSHA Work Class II activity,

subject to specialized work practices, controls, etc. As such, this material should be removed

by a Florida Licensed Asbestos Abatement Contractor prior to renovation activities.

▪ Paint Texturing (HA-W1): In its current condition the texturing was found to contain 2%

asbestos and is considered a friable surfacing material. If it will be disturbed during

renovation activities the material and any associated, contaminated substrates should be

removed as an RACM prior to the disturbances as an OSHA Work Class I work activity by a

Florida Licensed Asbestos Abatement Contractor prior to renovation activities.

It should be noted that suspect materials, other than those identified during this survey may exist

within the facility. Should suspect materials other than those which were identified during this

survey be uncovered prior to or during the renovation process, those materials should be

assumed asbestos-containing until sampling and analysis can confirm or deny their asbestos

content.

5.2 Recommendations

Terracon recommends that the materials identified as containing asbestos be removed by a

Florida-Licensed Asbestos Abatement Contractor prior to renovation of the structure.

Notification is typically required to be submitted to the local regulatory agency ten (10) working

days prior to demolition activities if the any of the following threshold quantities of RACM are

impacted: (1) 260 linear feet of piping, or (2) 160 square feet of other RACM, or (3) 35 cubic feet

of debris.

22

The contractor must wait ten (10) working days (Monday – Friday) following the date of electronic

notification before starting any RACM renovation or demolition activities. Any change to the

notification’s start date requires updating to the agency, possibly by phone, followed by a revision

to the Notification Form. We recommend direct contact with the DEP Southwest District

(813.470.5700) for confirmation and clarifications of their asbestos program requirements.

A summary of the classification, condition and approximate quantity of identified ACM is

presented in Appendix A. Terracon can provide the Client with a proposal for developing

asbestos abatement specifications (project design) and for performing abatement oversight and

air monitoring upon request.

6.0 LIMITATIONS/GENERAL COMMENTS

This asbestos survey was conducted in a manner consistent with the level of care and skill

ordinarily exercised by members of the profession currently practicing under similar conditions in

the same locale. The results, findings, conclusions and recommendations expressed in this report

are based on conditions observed during our survey of the building. The information contained in

this report is relevant to the date on which this survey was performed and should not be relied

upon to represent conditions at a later date.

This report has been prepared on behalf of and exclusively for use by Children’s Board of

Hillsborough County Investors for specific application to their project as discussed. This report is

not a bidding document. Contractors or consultants reviewing this report must draw their own

conclusions regarding further investigation or remediation deemed necessary. Terracon does not

warrant the work of regulatory agencies, laboratories or other third parties supplying information

which may have been used in the preparation of this report. No warranty, express or implied is

made.

23

HA No. Material Description Material Locations % and Sample

Details** Classification Condition

Estimated

Quantity*

W1 Drywall/Joint Compound

(light wavy texture)

Front Entry, Records Room, Dayroom

*Assumed throughout*

2%

(Paint Texture),

2%

(Joint Compound)

RACM Good 19,000 SF*

F2 Concrete Slab

Playgroup Room, Storage

(Mezzanine Stairwell)

*Assumed throughout*

5%

(Black Mastic)

Non-Friable

Cat I Good 6,500 SF*

F5

9"x9" Vinyl Floor Tile

(beige w/tan streaks) -

w/Black Mastic

Records Closet, Community Office,

*Assumed Throughout*

(Underneath HA-F1, HA-F4 & F7) -

3%

(Floor Tile),

5%

(Black Mastic)

Non-Friable

Cat I Good 6,500 SF*

MS3 Interior Window Glazing

(Gray) Lunchroom, West Windows 2% Friable Poor

2 SF /

2 Windows

* Estimated quantities and locations are based on field evaluations. Actual quantities may vary significantly, especially if asbestos containing materials are

present in hidden and/or inaccessible areas not evaluated as part of this survey. It should be noted that the quantities and locations provided are an estimate

only and should not be used for bidding or notification purposes.

** % & Sample Details: Asbestos type is Chrysotile asbestos unless otherwise noted. Column also contains details pertaining to asbestos location within the sample as applicable.

The materials listed in this table have been sampled and are determined or are assumed to contain asbestos in concentrations greater than 1%. When disturbed, various federal, state and local regulations may apply, even if the asbestos content is a trace amount (<1%). These materials should be monitored for damage over time and repaired as necessary by appropriately trained personnel. Removal may be necessary before renovation/demolitions and in most cases before a demolition. See Appendix B for a summary of samples collected. See Appendix C for Laboratory analytical results.

24

HA Sample Sample Description Location Layer Description Results

C1 C1-1 2' X 4' Ceiling Tile (small

pinhole/large pinhole)

Front Entry Ceiling Tile None Detected

C1-2 South, Center Corridor Ceiling Tile None Detected

MS1

MS1-3 Fiberglass Batt Insulation

w/Paper Backing

Front Entry Wrap/Mastic None Detected

Insulation None Detected

MS1-4 South, Center Corridor Wrap/Mastic None Detected

Insulation None Detected

W1

W1-5

Drywall/Joint Compound

(light wavy texture)

Front Entry

Paint Layer None Detected

Paper None Detected

Wallboard Material None Detected

W1-6 Records Room

Paint Texture 2% Chrysotile

Joint Tape None Detected

Joint Compound 2% Chrysotile

Paper None Detected


W1-7 Day Room


Paper None Detected


MS2

MS2-8

4" Vinyl Cove Base (brown)

Front Entry Cove Base None Detected

Cream Mastic None Detected

MS2-9 Lunch Room Cove Base None Detected

Cream Mastic None Detected

F1

F1-10 Carpet (medium brown w/tan

specks)

Playgroup Room Carpet None Detected

Yellow Mastic None Detected

F1-11 Play Area Carpet None Detected


25


F2 F2-12

Concrete Slab Playgroup Room


Black Mastic 5% Chrysotile

Concrete None Detected

F2-13 Storage, Mezzanine Stairwell Concrete None Detected

C2 C2-14 2' X 4' Ceiling Tiles (small

pinhole/large wormhole)

Kitchen Ceiling Tile

None Detected

C2-15 Group Room None Detected

F3

F3-16

1' X 1' Ceramic Floor Tile

(green & white w/black specks) Bathroom, Southwest

Ceramic Tile None Detected

Grout None Detected

Thinset None Detected

F3-17


Grout None Detected


W2

W2-18

4" X 6" Ceramic Tile Cove Base

(green) Bathroom, Southwest


Grout None Detected

White Mastic None Detected

W2-19


Grout None Detected


W3

W3-20

4" X 4" Ceramic Wall Tile

(white w/black specks) Bathroom Shower, Southwest


Grout None Detected


W3-21


Grout None Detected


F4

F4-22

Vinyl Flooring (faux wood

plank, 6")

Main Corridor

Flooring 1 None Detected

Clear Adhesive None Detected



F4-23 Main Corridor, West





26


F5

F5-24 9" X 9" Vinyl Floor Tile (beige

w/tan streaks) w/Black Mastic

Records Closet Floor Tile 3% Chrysotile


F5-25 Community Office Floor Tile 3% Chrysotile


F6

F6-26 Vinyl Floor Tile (tan) w/Yellow

Glue

Community Office Floor Tile None Detected


F6-27 Play Area Floor Tile None Detected


C3

C3-28 2' X 4' Ceiling Tile (fiberglass

w/vinyl skin) Knock Down

Texture

Main Corridor, Center, West Ceiling Tile Covering None Detected

Ceiling Tile None Detected

C3-29 Day Room Ceiling Tile Covering None Detected

Ceiling Tile None Detected

F7

F7-30

12" X 12" Ceramic Floor Tile

(tan w/beige, marbled)

Main Corridor, West


Grout None Detected


F7-31 Lunch Room


Grout None Detected


C4 C4-32

Roof Deck (particle board) Storage Mezzanine Fiberboard None Detected

C4-33 Fiberboard None Detected

W4

W4-34

10" X 12" Ceramic Wall Tile

(beige w/tan, heavy marbling)

Southwest, Men's Restroom


Grout None Detected


W4-35 Southwest, Women's Restroom


Grout None Detected


MS3 MS3-36 Interior Window Glazing

(grey) Lunchroom, West Window

Window Glazing 2% Chrysotile

MS3-37 Window Glazing 2% Chrysotile

W5

W5-38

Concrete Masonry Unit Walls

(cream)

Day Room


CMU Block None Detected

Mortar None Detected

W5-39 Lunch Room


CMU Block None Detected


27


C5 C5-40 2' X 4' Ceiling Tile

(pinhole/small wormhole)

Northeast Office Ceiling Tile None Detected

C5-41 Northeast Offices, Common Area Ceiling Tile None Detected

ME1 ME1-42

HVAC Duct Mastic (white) Northeast Offices, Common Area White Mastic None Detected

ME1-43 White Mastic None Detected

W6

W6-44 Exterior Brick & Mortar

(brown) Exterior East Façade (Includes Interior)

Brick None Detected


W6-45 Brick None Detected


28

APPENDIX C

ASBESTOS ANALYTICAL LABORATORY RESULTS

29

CL814914

C1-1

2' X 4' Ceiling Tile (small pinhole/large pinhole) - Front Entry

None Detected

CL814915

C1-2

2' X 4' Ceiling Tile (small pinhole/large pinhole) - South, Center Corridor

None Detected

CL814916

MS1-3

Fiberglass Batt Insulation w/Paper Backing - Front Entry

None Detected - Wrap/Mastic

None Detected - Insulation

CL814917

MS1-4

Fiberglass Batt Insulation w/Paper Backing - South, Center Corridor

None Detected - Wrap/Mastic

None Detected - Insulation

CL814918

W1-5

Drywall/Joint Compound (light wavy texture) - Front Entry

None Detected - Paint Layer

None Detected - Paper

None Detected - Wallboard Material

CL814919

W1-6

Drywall/Joint Compound (light wavy texture) - Records Room

2% Chrysotile - Paint Texture

None Detected - Joint Tape

2% Chrysotile - Joint Compound



CL814920

W1-7

Drywall/Joint Compound (light wavy texture) - Day Room




CL814921

MS2-8

4" Vinyl Cove Base (brown) - Front Entry

None Detected - Cove Base

None Detected - Cream Mastic

CL814922

MS2-9

4" Vinyl Cove Base (brown) - Lunch Room

None Detected - Cove Base

None Detected - Cream Mastic

CL814923

F1-10

Carpet (medium brown w/tan specks) - Playgroup Room

None Detected - Carpet

None Detected - Yellow Mastic

CL814924

F1-11

Carpet (medium brown w/tan specks) - Play Area

None Detected - Carpet


CL814925

F2-12

Concrete Slab - Playgroup Room


5% Chrysotile - Black Mastic

None Detected - Concrete

CL814926

F2-13

Concrete Slab - Storage, Mezzanine Stairwell

None Detected - Concrete

30

CL814927

C2-14

2' X 4' Ceiling Tiles (small pinhole/large wormhole) - Kitchen

None Detected

CL814928

C2-15

2' X 4' Ceiling Tiles (small pinhole/large wormhole) - Group Room

None Detected

CL814929

F3-16

1' X 1' Ceramic Floor Tile (green & white w/black specks) - Bathroom,

Southwest

None Detected - Ceramic Tile

None Detected - Grout

None Detected - Thinset

CL814930

F3-17

1' X 1' Ceramic Floor Tile (green & white w/black specks) - Bathroom,

Southwest




CL814931

W2-18

4" X 6" Ceramic Tile Cove Base (green) - Bathroom, Southwest



None Detected - White Mastic

CL814932

W2-19

4" X 6" Ceramic Tile Cove Base (green) - Bathroom, Southwest




CL814933

W3-20

4" X 4" Ceramic Wall Tile (white w/black specks) - Bathroom Shower,

Southwest




CL814934

W3-21

4" X 4" Ceramic Wall Tile (white w/black specks) - Bathroom Shower,

Southwest




CL814935

F4-22

Vinyl Flooring (faux wood plank, 6") - Main Corridor

None Detected - Flooring 1

None Detected - Clear Adhesive



CL814936

F4-23

Vinyl Flooring (faux wood plank, 6") - Main Corridor, West





CL814937

F5-24

9" X 9" Vinyl Floor Tile (beige w/tan streaks) w/Black Mastic - Records

Closet

3% Chrysotile - Floor Tile


31

CL814938

F5-25

9" X 9" Vinyl Floor Tile (beige w/tan streaks) w/Black Mastic -

Community Office

3% Chrysotile - Floor Tile


CL814939

F6-26

Vinyl Floor Tile (tan) w/Yellow Glue - Community Office

None Detected - Floor Tile


CL814940

F6-27

Vinyl Floor Tile (tan) w/Yellow Glue - Play Area

None Detected - Floor Tile


CL814941

C3-28

2' X 4' Ceiling Tile (fiberglass w/vinyl skin) Knock Down Texture - Main

Corridor, Center, West

None Detected

CL814942

C3-29

2' X 4' Ceiling Tile (fiberglass w/vinyl skin) Knock Down Texture - Day

Room

None Detected

CL814943

F7-30

12" X 12" Ceramic Floor Tile (tan w/beige, marbled) - Main Corridor,

West




CL814944

F7-31

12" X 12" Ceramic Floor Tile (tan w/beige, marbled) - Lunch Room




CL814945

C4-32

Roof Deck (particle board) - Storage Mezzanine

None Detected

CL814946

C4-33

Roof Deck (particle board) - Storage Mezzanine

None Detected

CL814947

W4-34

10" X 12" Ceramic Wall Tile (beige w/tan, heavy marbling) - Southwest,

Men's Restroom




CL814948

W4-35

10" X 12" Ceramic Wall Tile (beige w/tan, heavy marbling) - Southwest,

Women's Restroom




CL814949

MS3-36

Interior Window Glazing (grey) - Lunchroom, West Window

2% Chrysotile

CL814950

MS3-37

Interior Window Glazing (grey) - Lunchroom, West Window

2% Chrysotile

32

CL814951

W5-38

Concrete Masonry Unit Walls (cream) - Day Room


None Detected - CMU Block

None Detected - Mortar

CL814952

W5-39

Concrete Masonry Unit Walls (cream) - Lunch Room


None Detected - CMU Block


CL814953

C5-40

2' X 4' Ceiling Tile (pinhole/small wormhole) - Northeast Office

None Detected

CL814954

C5-41

2' X 4' Ceiling Tile (pinhole/small wormhole) - Northeast Offices,

Common Area

None Detected

CL814955

ME1-42

HVAC Duct Mastic (white) - Northeast Offices, Common Area

None Detected

CL814956

ME1-43

HVAC Duct Mastic (white) - Northeast Offices, Common Area

None Detected

CL814957

W6-44

Exterior Brick & Mortar (brown) - Exterior East Façade

None Detected - Brick


CL814958

W6-45

Exterior Brick & Mortar (brown) - Exterior East Façade

None Detected - Brick


33

STATEMENT OF LABORATORY ACCREDITATION

The samples were analyzed in general accordance with the procedures outlined in the Method for the

Determination of Asbestos in Bulk Building Materials, EPA/600/R-93/116 or the U.S. Environmental

Protection Agency EPA 40 CFR Appendix E to Subpart E of Part 763, Interim Method of the Determination of

Asbestos in Bulk Insulation Samples, by polarized light microscopy. The results of each bulk sample relate

only to the material tested and the results shall not be used by the client to claim product certification, approval,

or endorsement by NVLAP, NIST, or any agency of the Federal Government.

Specific questions concerning bulk sample results shall be directed to the Laboratory Director.

Analyst:

Chris Munch

Laboratory Director: John R. Cates, P.G.

Approved Signatory:

NVLAP LAB CODE 200569-0

34

APPENDIX D

REPRESENTATIVE PHOTOGRAPHS

35

Pre-Renovation NESHAP Asbestos Survey Report301 N. Palmer Street ■ Plant City, FloridaMarch 27, 2020 ■ Terracon Project No. H4207076A

Photo #1 301 N. Palmer Street –Representative Overview

Photo #2 Representative Interior – Lobby /Front Entry

Photo #3 Lobby / Front Entry - Drywall / JointCompound (Light Wavy Texture) - HA-W1

Photo #4 Playgroup Room – Concrete Slab(Black Mastic) – HA-F2

Photo #5 Records Closet - 9”x9” Vinyl FloorTile (Beige w/Tan Streaks) w/Black Mastic– HA-F5

Photo #6 Records Closet - 9”x9” VinylFloor Tile (Beige w/Tan Streaks) w/BlackMastic – HA-F5

36

Pre-Renovation NESHAP Asbestos Survey Report301 N. Palmer Street ■ Plant City, FloridaMarch 27, 2020 ■ Terracon Project No. H4207076A

Photo #7 Lunchroom – West Windows(Window Glazing, Gray) – HA MS3

Photo #8 Lunchroom – West Windows(Window Glazing, Gray) – HA MS3

37

APPENDIX E

SAMPLE LOCATION DIAGRAM

38

Project Mgr PM Project No H4207076A Sample Locations EXHIBITApproved by TH Scale NTS 301 North Palmer Street

301 N. Palmer StreetPlant City, FL 33563 1Checked by TH Date 03-27/2020 5463 W. Waters Ave., Ste.

830Tampa, FL 33634

Drawn by PM File No. Ph: 813-221-0050 Fax: 813-221-0051

W1-7

F2-12

W1-6

W1-5

PLAYGROUP

ROOM

F2-13

STORAGE /

MEZZANINE

STAIRWELL

F5-24

F5-25

MS3-36,

M3-37

39

APPENDIX F

LICENSES AND CERTIFICATIONS

40

41

Page1of9

INDEPENDENTCONTRACTORAGREEMENTBETWEEN

CHILDREN’SBOARDOFHILLSBOROUGHCOUNTYAND

[vendor]

THISAGREEMENTiseffectiveasofthe_____dayof_______2020,byandbetweentheChildren'sBoardofHillsboroughCounty(hereinafterthe“Children’sBoard”)and[vendor]whoseaddressis:_[city,state,zipcode]andwhosetelephonenumberis____________________ande‐mailis_____________________(hereinafterreferredtoastheIndependentContractor).Forthemutualassurancescontainedherein,thepartiesagreeasfollows:A. TERMOFAGREEMENT

ThisAgreementshallbeeffectivefrom[date]through[date]andIndependentContractorshallcompleteallContractedServicesasperthisAgreementby[date].

TheChildren’sBoardmayterminatethisAgreementupon30‐days’writtennoticetothe

Contractor.IftheContractorbreachesthisAgreement,theChildren’sBoardmayterminatethisAgreementimmediatelyuponwrittennoticetotheContractor.IfterminatedearlybytheChildren’sBoard,theIndependentContractorshallbepaidforServicessuccessfullyperformedtothedateofthenoticeoftermination.

B. SCOPEOFSERVICES

Theterm“Services”meanstheworktobeperformedbytheIndependentContractorunderthisAgreement.TheIndependentContractorshallperformtheServicesdescribedbelowinaccordancewiththenegotiatedtimeperiodintheAgreement:

SeeAttachment(A),whichisattachedheretoandincorporated intothisAgreementbyreference.

C. COMPENSATION

TheChildren'sBoardProjectManagershallreviewanddetermineifalldeliverablesweresatisfiedperthesignedAgreementandshallpaycompensationsetforthbelowiftheproductsandfinalperformanceareinaccordancewiththisAgreement.

SeeAttachment(B),whichisattachedheretoandincorporated intothisAgreementbyreference.TheChildren'sBoard’sProjectManageroftheServicesforpaymentis[CBHCstaffDirector].

TheIndependentContractor’stotalcompensationforperformanceoftheScopeofServices

isdescribedinAttachment(B).Certainexpensesmaybereimbursediftheexpensesandtheamountorrateof

reimbursementarealsodescribedonAttachment(E).TheChildren'sBoardmayrequestadditionalinformationtoverifyperformance.

42

scottps

Typewritten Text

Attachment "D"

Page2of9

WhentheChildren'sBoarddeterminesthattheinvoicesaresatisfactory,anddeliverableshavebeenmet,theChildren'sBoardshallpaytheIndependentContractorwithin30‐daysaftersubmissionofacompleteinvoice.ThefinalinvoicemustbereceivedbytheChildren’sBoardnolaterthan45‐daysaftertheenddateoftheAgreement.

D. STATUS/RIGHTTOBENEFITS

TheIndependentContractoracknowledgesandagreesthatheorsheisnotanemployeeoftheChildren'sBoardandisnotentitledtoanyemployeebenefits.

TheIndependentContractorisnotprotectedbytheimmunitygrantedtopublicemployees

underSection768.28,FloridaStatutes.TheIndependentContractorshallbeliableforanyaccidentsincurredornegligence(includingautomobileaccidents)whileperformingthisAgreement.TheIndependentContractorisnotentitledtoCivilServiceprotection.

E. MANNEROFPERFORMANCEOFSERVICES

TheIndependentContractorshallcomplywithChildren'sBoardwrittenandunwritten

proceduresregardingsecurity,generalconduct,useofequipment,anduseoffacilities,toensuretheServicesandanyworkproductareperformedinaprofessionalmanner.

F. OTHERSERVICESBYINDEPENDENTCONTRACTOR

ThisisnotanexclusiveAgreementfortheServicesorthetimeoftheIndependentContractor.TheIndependentContractormayperformsimilarordissimilarServicesforotherentitiesatanytime.G. ITEMSTOBEFURNISHEDBYINDEPENDENTCONTRACTOR

TheIndependentContractorshallsupplythefollowingitemsnecessaryforperformanceofServices:

SeeAttachment(C),whichisattachedheretoandincorporated intothisAgreementbyreference.

H. ITEMSFURNISHEDBYTHECHILDREN’SBOARD

TheChildren'sBoardshallfurnishtheIndependentContractorthefollowingitemsnecessaryforperformanceofServices:

SeeAttachment(D),whichisattachedheretoandincorporated intothisAgreementbyreference.

I. EXPENSES

TheChildren'sBoardshallreimbursetheIndependentContractorthefollowingexpensesuponsubmissionoftheinvoicespaidbytheIndependentContractorandsuchotherdocumentationastheChildren'sBoardmayreasonablyrequest:

43

Page3of9

SeeAttachment(E),whichisattachedheretoandincorporated intothisAgreementbyreference.

J. LIMITATIONONAUTHORITYOFINDEPENDENTCONTRACTORTOACTASAREPRESENTATIVEANDPUBLICRECORDS

TheIndependentContractorhasnoauthoritytospeakasaspokespersonfornortoactor

representherselforhimselfasanagentoftheChildren'sBoardexceptinthefollowingcircumstances:

SeeAttachment(F),whichisattachedheretoandincorporated intothisAgreementbyreference.AllrecordspreparedbyorreceivedbytheIndependentContractorintheperformanceof

thisAgreementshallbeconsideredpublicrecordswhenreceivedbytheChildren'sBoard.IfsuchrecordsarenotprovidedtotheChildren'sBoardandtheChildren'sBoarddoesnotviewsuchrecords,thenthoserecordsshallnotbedeemedtobepublicrecords.However,boththeIndependentContractorandtheChildren'sBoardshallcomplywithchapter(119),FloridaStatutes,andanycontraryprovisionofthisAgreementshallbevoid.

K. LIMITATIONONAGREEMENT

TheIndependentContractormaynotassignnorsubcontractanyofitsrightsorobligationsunderthisAgreementwithoutthepriorwrittenconsentoftheChildren'sBoard.L. NOTHIRDPARTYBENEFICIARIES

ThisAgreementisforthebenefitoftheChildren'sBoardandtheIndependentContractor.Nothirdpartyisanintendedbeneficiary.NothirdpartyhasanycauseofactiontoenforcethetermsofthisAgreementoracauseofactionfordamagesduetoitsbreach.M. INDEMNIFICATION

TheIndependentContractoragreestobeliableforandtoindemnifytheChildren'sBoardagainstallthirdpartyclaims,suits,judgments,ordamages,includingcourtcostsandattorney’sfees,arisingoutofthenegligentorintentionalactsoromissionsoftheIndependentContractor,orarisingoutoftheviolationofanycopyrightlawbytheIndependentContractor,inthecourseoftheperformanceofthisAgreement.IftheIndependentContractorandtheChildren'sBoardcommitjointnegligentacts,theIndependentContractorshallnotbeliablefornorhaveanyobligationtodefendorindemnifytheChildren'sBoardwithrespecttothatpartofthejointnegligentactcommittedbytheChildren'sBoard.InnoeventshalltheIndependentContractorbeliablefornorhaveanyobligationtodefendorindemnifytheChildren'sBoardagainstsuchclaims,suits,judgments,ordamages,includingcostsandattorney’sfees,arisingoutofthenegligentactsoftheChildren'sBoard.

N. LITIGATIONCOSTSANDEXPENSES

Ifanypartyinstitutesanylegalsuit,action,orproceedingagainsttheotherpartyarisingoutoforrelatingtothisAgreement,theprevailingpartyinthesuit,action,orproceedingshallbeentitledtoreceive,andthenon‐prevailingpartyshallpay,inadditiontoallotherremediestowhich

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theprevailingpartymaybeentitled,thecostsandexpensesincurredbytheprevailingpartyinconductingordefendingthesuit,action,orproceeding,includinganycoststhataretaxablepursuanttoanyapplicablestatute,rule,orguideline(including,butnotlimitedto,theStatewideUniformGuidelinesforTaxationofCostsinCivilActions),aswellascostsnottaxablethereunderandincludingallattorneys'feesandexpenses,andcourtcostsevenifnotrecoverablebylawincluding,withoutlimitation,allfees,taxes,costs,andexpensesincidenttoappellate,bankruptcy,reasonablenessoftheamountofattorneys’feesandcostsandpost‐judgmentproceedings.Theprevailingpartyshallbethatpartywhichshallhaveprevailedonamajority,butnotnecessarilyall,ofthematerialissueswhichwereadjudicatedinsuchproceeding.O. COPYRIGHTS TheChildren'sBoardshallownandhastheexclusiverighttocopyright,patent,ortrademarkalloriginalworkscreatedorproducedbytheIndependentContractor,itssubcontractors,orconsultantsforperformanceofthisAgreement(suchmaterialsarecalledWorkProductinthisparagraph). ItisexpresslyagreedbytheIndependentContractorthatanyWorkProductforuseasacontributiontoacollectivework,asapartofamotionpictureorotheraudiovisualwork,asatranslation,asasupplementarywork,asacompilation,asaninstructionaltext,asatest,asanswermaterialforatest,orasanatlas,thatiscreatedbytheIndependentContractorshallbeconsideredaworkmadeforhire. ItisexpresslyagreedbytheIndependentContractorthatallofitsright,titleandinterestinandtoWorkProductthatisnotaworkmadeforhireshallbeassignedbyIndependentContractor,itssubcontractorsorconsultantstotheChildren'sBoardwithoutfurthercompensation.TheassignmentshallbeofalltheIndependentContractor’s,sub‐contractor’sorconsultant’sright,titleandinterestinandtotheWorkProductintheUnitedStatesandelsewhere.Uponrequest,IndependentContractor,itssubcontractorsorconsultantswillsignallapplications,assignments,instrumentsandpapersandperformallactsnecessaryordesiredbytheChildren'sBoardtoassigntheWorkProduct,oranyportionthereof,fullyandcompletelytotheChildren'sBoardandtoenabletheChildren'sBoard,itssuccessorsandassignstosecureandenjoythefullandexclusivebenefitsandadvantagesthereof. TheIndependentContractor,itssubcontractors,andconsultantsshalldoallactsandsignsuchdocumentsnecessaryorrequestedbytheChildren'sBoardtoimplementthisparagraph(O). TheIndependentContractorshallrequireallcontractswithitssubcontractorsorconsultantstocontaintherequirementsofthisparagraph(O). AnyderivativeworksIndependentContractor,itssubcontractorsorconsultantsintendstocreateorhascreatedfortheperformanceofthisAgreementarecalledProjectDerivativeWorksinthisparagraphandarelistedonAttachment(G)whichisattachedheretoandincorporatedintothisAgreementbyreference.AnyworkcreatedbyIndependentContractor,itssubcontractorsorconsultantsthatisnotlistedonAttachment(G)shallbeconstruedtobeWorkProduct.TheChildren’sBoardclaimsnorightsinortothederivativeworkslistedonAttachment(G). ThisparagraphshallsurviveterminationofthisAgreement.

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P. NOMODIFICATIONUNLESSINWRITING/AUTHORITYOFPROJECTMANAGER NomodificationofthisAgreementshallbevalidunlessinwritingandapprovedbytheChildren'sBoardandtheIndependentContractor. TheChildren’sBoard’sProjectManagershallhavetheauthoritytoadministerthisAgreementonbehalfoftheChildren’sBoardandtoissuewrittenapprovalsanddirectionsfortheproperandefficientperformanceofthisAgreementbytheIndependentContractor.TheProjectManagershallnothaveauthoritytoamendthisAgreement.

Q. VENUEANDLAW VenueforanyactionarisingoutofthisAgreementshallbeinHillsboroughCounty,Florida.ThisAgreementshallbeconstruedandenforcedinaccordancewithFloridalawwithoutregardtotheconflictsoflawprovisionsofFloridalaw.R. INTEGRATIONOFAGREEMENT

ThiswrittenAgreementcontainsthecompleteagreementofthepartiesonthesubjectmatterofthisAgreement.Therearenosuchinducements,promises,ortermsotherthanthosecontainedinthiswrittenAgreement.

INWITNESSWHEREOF,theINDEPENDENTCONTRACTORandtheCHILDREN'SBOARD

haveexecutedthisAgreementbytheirauthorizedofficials.WITNESS: INDEPENDENTCONTRACTOR By:________________________________ By:___________________________________Signature Signature________________________________ ____________________________________(PrintedName) (PrintedName)________________________________ ____________________________________(Date) (Title) ____________________________________ (Date)WITNESS CHILDREN'SBOARDOF HILLSBOROUGHCOUNTY,FLORIDABy:_____________________________ By:________________________________Signature KelleyParris,ExecutiveDirector_____________________________ _________________________________(PrintedName) (Date)_______________________________

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(Date)AGREEMENTFORINDEPENDENTCONTRACTOR

Attachment“A”

DescriptionofScopeofServices

TypeofService:

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AGREEMENTFORINDEPENDENTCONTRACTOR

Attachment“B”

Compensation

TheIndependentContractorshallbepaidasfollows:

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Attachment“C”

ItemstobeFurnishedbytheIndependentContractor

CBHCdoesnotassumeresponsibilityforanyofIndependentContractors’suppliesandequipmentleftonthepremises.

IndependentContractorwillmaintaingeneralliabilityinsurance,professionalliabilityinsurance,worker’scompensationinsurance,andautomobileliabilityinsurance,includinghired/non‐ownedautoswithminimumlimitsrequiredandapprovedbytheChildren’sBoardofHillsboroughCountyduringthedurationofthisagreement.IndependentContractorwillprovidewrittenproofofinsuranceonanapprovedACORDform,namingtheChildren’sBoardofHillsboroughCountyasanAdditionalInsuredatourofficeaddress.

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AGREEMENTFORINDEPENDENTCONTRACTORAttachment“D”

ItemsFurnishedbytheChildren'sBoard

AGREEMENTFORINDEPENDENTCONTRACTORAttachment“E”

Expenses

TheIndependentContractorshallbereimbursedforthefollowingitemsintheamountsorattheratesshown:

AGREEMENTFORINDEPENDENTCONTRACTORAttachment“F”

AuthorityofIndependentContractortoActasaRepresentative

NONE


Attachment“G”

ProjectDerivativeWorksperParagraphO.

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