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1175 Atlantic Blvd 2014 DEMOCITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5814 Application Number 14-00000595 Date 4/22/14 Property Address . . . . . . 1175 ATLANTIC BLVD Application type description DEMOLITION Property Zoning . . . . . . . TO BE UPDATED Application valuation . . . . 0 ------------------------------ -- ------------------------------------------- Application desc DEMO EXISTING STRUCTURE ----------------------- -- -------------------------------------------------- Owner Contractor REEVES, THOMAS OWNER 7147 TONGA DR JACKSONVILLE FL 322163213 ---------- ----------------------------------------------------------------- Permit . . . . . . DEMOLITION PERMIT Additional desc . Plan Check Fee 100.00 .00 Permit Fee . . . . Valuation 0 Issue Date Expiration Date . . 10/19/14 ------------------------------- Special Notes and Comments be on City approved list Roll off container company must container cannot be placed on City Right -of -Way. and (Approved: Advanced Disposal, Realco, Shappelle's and Waste Management.) Full erosion control measures must be installed and approved prior to beginning any earth disturbing Public Works (247-5834) for Erosion activities. Contact and Sediment Control Inspection prior to start of construction. Silt fence must be property installed on Atlantic Blvd. and West 1st St. frontage. Must be inspected by Public Works. Call 247-5834 for inspection. ---- ------------------------------------------ STATE DCA SURCHARGE Other Fees . . . . . . . . . STATE DBPR SURCHARGE 2,00 ________ --- Charged Paid--- Credited Fee summary ----Due--- -------.00 _ _ ------- - - ---------- Permit Fee Total 100.00 100.00 00 .00 .00 Plan Check Total •00 00 .00 4. .00 Other Fee Total 4.00 00 104.00 104.00 .00 Grand Total PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING CODES. lieSotr 4. z S a r .r w, v. v _ # y . M. E r y wn Rm � a amecly March 30, 2014 Mr. Kelly R. Elmore, LRA Euthenics 1650 Beach Boulevard Jacksonville, Florida 32233 kellmore(a)comcast net Subject: Proposal to Provide Professional Environmental Consulting Services Asbestos Surveys x3 1155 Atlantic Boulevard (Former mattress Sales Building) 1175 Atlantic Boulevard (Two residential structures) Jacksonville, Florida AMEC Proposal Number PROP14JAXV065 Dear Mr. Elmore: AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to present this proposal to perform the bulk material sampling of suspect asbestos -containing materials within/on the three vacant structures noted above located near the corner of Atlantic Boulevard and Mayport Road in Jacksonville, Florida. This proposal is based on your email request. The scope of our services addressed in this proposal will include bulk sampling of suspect asbestos -containing materials. Our services also include laboratory sample analyses, and report preparation. The balance of this proposal presents our understanding of the project and our estimated fees. Background Information It is our understanding that the three structures will be demolished. You are requesting that AMEC perform asbestos survey on each of the three structures by sampling existing suspect asbestos - containing materials. Scope of Services Our scope of services will be limited to obtaining samples of suspect asbestos -containing materials. These services are discussed in greater detail in the following paragraphs. Task 1: Material Sampling for Asbestos We expect to obtain approximately 25 total samples of materials suspected of containing asbestiform minerals. After areas in which the designated suspect materials may exist are identified, a sampling strategy will be developed. The EPA has developed guidelines for acquiring unbiased samples. These guidelines will be followed, where applicable. The survey will be performed in general compliance with the Environmental Protection Agency (EPA) NESHAPs regulations. The bulk samples will be sent to EMSL Analytical, Inc. laboratory for analysis using Polarized Light Microscopy (PLM), coupled with dispersion staining as outlined in Environmental Protection Agency (EPA) procedures. PLM is used to identify the type of asbestos mineral present, if any. EMSL has obtained accreditation by the National Institute of Standards and Technology, under the National Voluntary Laboratory Accreditation Program. 1,15511175 Atlantic Blvd. Jacksonville, FL Pre -Demolition Asbestos Surveys x3 March 30, 2014 AMEC Proposal No. PROP14JAXV0665 Task 2 — Report Page 2 We will issue a report that details the building materials sampled and those that were found to be asbestos -containing. The report will include our conclusions and recommendations. Fee Estimate Lump Sums) The lump sum fee for the described services is $1,050.00. exceed the stated lump sum fee without prior authorization from you. The fees associated with our scope of services will be invoiced on a lump sum basis. We will not Schedule We can perform the field work as authorized, after our receipt of written authorization. The written report will be completed within three days of our receipt of the laboratory analysis results. If this schedule does not meet your needs please contact us as soon as possible so we can adjust our schedule. Authorization To formally authorize us to perform these services, and to make this proposal and other enclosures the agreement between us, please sign the attached PSA on page three and return to us. Sincerely, AMEC ENVIRONMENT & INFRASTRUCTURE, INC. Florida Asbestos Consultant - Business License No. ZA00000449 J R E. Mar AHERRobert W. Lea, P.E. A Asbestos Inspector/Management Planner Senior Principal Engineer State of Florida Asbestos Consultant No. EA0000033 with Robert W. Lea permission Professional Services Agreement amec PARTIES This Agreement made this 30th day of March 2014, between: Euthenics and AMEC Environment & Infrastructure, Inc. 1650 Beach Boulevard 3901 Carmichael Ave Jacksonville, Florida 32233 Jacksonville, Florida 32207 Attn.: Mr. Kelly R. Elmore Attn: James Marsh hereinafter called "Client" hereinafter called "AMEC" PROJECT Client engages AMEC to provide services in connection with: Asbestos Surveys x3: 1155/1175 Atlantic Boulevard, Jacksonville, FL SCOPE OF SERVICES AMEC agrees to perform services as follows: Per proposal PROP14JAXV065, dated March 30, 2014 Client agrees that all services not expressly included are excluded from AMEC's Scope of Services. COMPENSATION (check one) X_ Firm -fixed price: Client agrees to compensate AMEC on a firm -fixed price basis in the amount of: $1,050.00 Time and materials: Client agrees to compensate AMEC for all hours worked and other costs incurred at the rates and terms set forth herein. Should the total cost of AMEC's performance be greater than the estimated amount shown below, AMEC will notify Client and provide a revised estimate for Client's approval. In such event, continued performance is subject to additional funding as mutually agreed. Labor Categories and Hourly Labor Rates.- Other ates: Other Direct Costs (Reimbursed at cost plus % mark-up): Total estimated time and materials cost: In addition to the Agreement amount, Client assumes full responsibility for the payment of any applicable sales, use, or value-added taxes under this Agreement, except as otherwise specified. ATTACHMENTS The listed attachments form part of this Agreement: 1. 065 2. 3. Page 1 of 4 herein, each party shall be responsible for its own legal costs and attorneys' fees. Page 2 of 4 US -1 Rev. 05-13 US -1 Rev. 05-13 AMEC to date of notice of termination. The limitation of liability and indemnity obligations of this Agreement shall be binding notwithstanding any termination of this Agreement. 17. ASSIGNMENT. Neither party shall assign its interest in this Agreement without the written consent of the other. 18. GOVERNING LAW. This Agreement is governed by the laws of the state of the AMEC office that is entering into this Agreement. 19. ANTI -BRIBERY. The Parties undertake to protect the standards of business practice of the other Party at all times and to act in such a way as to uphold the good name and reputation of the other Party and not to do or attempt to do any act or thing which is intended to and/or which in fact causes any damage to or brings discredit upon the other Party and, in particular, the Parties will not: (a) Offer or give or agree to give to any director, officer, employee or agent of the other Party or any other entity any gift or consideration of any kind as an inducement or reward for doing or for forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of any contract or for showing or forbearing to show any favor or disfavor to any person in relation to any contract . (b) Induce or attempt to induce any officer, servant or agent of any private or public body to depart from his duties to his employer nor be involved with any such arrangement Client and AMEC acknowledge that each has read and agrees to these Terms and Conditions, which are incorporated herein and made a part of this Agreement. CLIENT By: Title Date AMEC ENVIRONMENT & INFRASTRUCTURE, INC. By: Title: Date: Page 4 of 4 US -1 Rev. 05-13 April 5, 2014 Mr. Kelly R. Elmore Euthenics 1650 Beach Avenue Atlantic Beach, Florida 32233 kellmore(dcomcast net SUBJECT: Report of Survey for Asbestos -Containing Materials Three Vacant Structures 1155/1175 Atlantic Boulevard Jacksonville, Florida AMEC Project Number 6741-14-3933 Dear Mr. Elmore: AMEC Environment and Infrastructure, Inc. (AMEC) has completed the asbestos survey of the three vacant structures located at 1155 (Old Mattress Warehouse) and 1175 (Two Vacant residential Structures) Atlantic Boulevard in Jacksonville, Florida. The survey included visual observations, material sampling, and laboratory analysis of suspect asbestos -containing materials. Our services were authorized by your acceptance of our Proposal. This survey was performed by Mr. James Marsh of AMEC on March 31, 2014. The attached report presents the project background, material sampling procedures and analysis results. Test results and accreditations of the testing personnel are provided in the Appendices. AMEC appreciates this opportunity to serve as consultants to you. If you have any questions concerning this report, please do not hesitate to contact us. Sincerely, AMEC Environmental & Infrastructure, INC. Florida Asbestos License No. ZA449 James E. Marsh Environmental Geologist AHERA Inspector/Management Planner Distribution: Client Email �qw'� �ZWLPI_ Robert W. Lea, P.E. Senior Principal Engineer Florida Licensed Asbestos Consultant No. EA0000033 with R.W. Lea permission 1155/1175 Atlantic Boulevard. Jacksonville. FL Asbestos Surveys x3 AMEC Project Number 6741-14-3933 TABLE OF CONTENTS April 5. 2014 PAGE NO. BackgroundInformation..................................................................................................................1 Sampling and Analysis Procedures................................................................................................2 Summaryof Results........................................................................ q Findings............................................................................................................................................4 Qualifications...................................................................................................................................5 Appendix A: Bulk Sample Analysis Results Appendix B.- Surveyors Certifications 1155/1175 Atlantic Boulevard, Jacksonville. FL Asbestos Surveys z3 AMEC Project Number 6741-14-3933 BACKGROUND INFORMATION April 5, ?01.1 The purpose of the surveys was to test suspect building materials within/on the three existing vacant structures for the presence of asbestos -containing materials. These surveys were performed in general compliance with Occupational Safety and Health Administration (OSHA) asbestos survey requirements. We understand that no previous survey of this type had been performed. The samples were obtained by Mr. Marsh based on distribution and accessibility. A description of the structure and interior finishes are as follows: Mattress Warehouse Metal (uncoated) Roof Metal Walls Wood Walls Concrete Slab Drywall/Joint Compound Fiberglass Insulation Bundles of Suspect Shingles in Rear House No. 1 Wood Frame/Wood Siding Exterior Transite (Asbestos) Siding Shingles Metal (uncoated) Roof Window Glazing Foam Ceiling Carpet Drywall Walls and Ceiling Sheet Vinyl Flooring in Kitchen/Rear Porch House No. 2 Wood Frame/Wood Siding Shingle Roof Walls and Ceilings are pressboard Concrete Floors Bath Vinyl Sheet Flooring Fiberglass Insulation 1155/1175 Atlantic Boulevard, Jacksonville. FL April S, 2014 Asbestos Surveys x3 AMSC Project Number 6741-14-3933 SAMPLING AND ANALYSIS PROCEDURES AMEC obtained 22 samples of suspect asbestos -containing materials as follows: House No. 1: 11 Samples Porch Vinyl Flooring Kitchen Vinyl Flooring Drywall/Joint Compound Window Glazing Siding Shingle Siding Shingle/Felt House No. 2: Six Samples Roofing Vinyl Sheet Flooring Concrete Slab Mattress Warehouse: Five Samples Drywall/Joint Compound Bundled Shingles Concrete Slab The samples were analyzed by EMSL using Polarized Light Microscopy (PLM) coupled with Dispersion Staining as outlined in the Environmental Protection Agency's (EPA's) "Method for the Determination of Asbestos in Bulk Building Material (EPA -600/R-93/116)." 1155/1175 Atlantic Boulevard, Jacksonville. FL Asbestos Surveys x3 AMEC Project Number 6741-14-3933 SUMMARY OF RESULTS April 5, 2014 The following table shows the building materials that were found to be asbestos -containing under PLM analysis: Material Location J% Chrysotile Asbestos e �Exte�nt. Friability House No.1 Sidin Shin les Exterior 15% 950 SF Friable Window Glazing Exterior <1% 15 Windows Friable Vinyl Flooring Kitchen 12°/x/15% 160 SF Non -Friable Mattress Warehouse Bundled Shingles Rear Storage 10%5 Bundles Friable Square Footages are approximations The above noted glazing and siding shingles were observed to be in overall fair condition at the time of the survey. The vinyl flooring and bundled shingles were observed to be in overall good condition. Assumed Asbestos None Point -Count Anal rsis The window glazing was further analyzed using Point -Counting methodology and found to contain 0.25% Chrysotile asbestos. Based on this analysis and the total square footage of the material, it is not categorized as an asbestos -containing material under NESHAPs and does not need to be removed prior to demolition of the structure. 115511175 Atlantic Boulevard, Jacksonville. FL Asbestos Surveys .e3 AMEC Project Number 6741-14-3933 CONCLUSIONS AND RECOMMENDATIONS Conclusions April 5, 2014 Based on the PLM and Point -Count analysis results, the house exterior siding shingles, vinyl sheet flooring and bundled shingles are categorized as asbestos -containing. Recommendations Based on current NESHAPs regulations non -friable asbestos -containing flooring in good condition does not have to be removed prior to demolition of a structure. However, it must be kept wet during the demolition process and its substrate can't be recycled. The exterior siding shingles on the house and the bundled shingles in the Mattress Warehouse must be removed by a State of Florida Licensed Asbestos Abatement Contractor prior to demolition of the structures. 1155/1175 Atlantic Boulevard, Jacksonville. FL Asbestos Surveys r3 AAIECProjeet iViuuber 6741-14-3933 QUALIFICATIONS OF THE REPORT April 5, 2014 The findings included herein are based on information obtained during a site visit and from previous experience. If additional information becomes available which might impact our conclusions, AMEC requests the opportunity to review the information, reassess the potential concerns, and modify opinions, if warranted. This report is intended for the exclusive use of Realco Recycling Company, Inc. under the terms and conditions of our agreement. Use of this report or reliance upon information contained in this report by any other party implies an agreement by that party to the same terms and conditions under which our services were provided. Furthermore, any use of this report by a party for purposes beyond those intended by AMEC will be at their sole risk. These findings are relevant to the dates of our services and should not be relied upon to represent conditions at substantially earlier or later dates. APPENDIX A BULK SAMPLE ANALYSIS RESULTS (PLM/Point-Count) EMSL Analytical, Inc. EMSL Order ID: 041408352 200 Route 130 North Cinnaminson, NJ 08077 Customer ID: LAWE52N Phone/Fax: (800) 220-3675 / (856) 786-5974 Customer P0: 6741-14-3933 http://www.EMSL.com / cinnasblab@EMSL.com Project ID: Attn: James Marsh hone: (904) 396-5173 AMEC E&I, Inc. Fax: (904) 399-3176 3901 Carmichael Avenue Collected: 3/31/2014 Jacksonville, FL 32207 Received: 4/01/2014 Analyzed: 4/04/2014 Proj: 6741-14-3933 /1155/1175 Atlantic Blvd. Summary Test Report for Asbestos Analysis of Bulk Material via EPA 600/R-93/116 Method via Polarized Light Microscopy Client Sample ID: A-1 Sample Description: House #1-porch/VFC #1 Lab Sample ID: 041408352.0001 Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Yellow/Beige 51/. 954 None Detected Client Sample ID: A-2 Lab Sample ID: 041408352-0002 Sample Description: House #1-porch/VFC #1 Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Yellow 20% 80°:; None Detected Client Sample ID: A-3 Lab Sample ID: 041408352-0003 Sample Description: House #1-kitchen/VFC #2 Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04,'0212014 White/Beige 20% 70% 10% Chrysotile Client Sample ID: A-4 Lab Sample ID: 041408352-0004 Sample Description: House # 1 -kitchen/VFC #2 Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Brown/Beige 30% 55% 15% Chrysotile Client Sample ID: A -5 -Drywall Lab Sample ID: 041408352-0005 Sample Description: House #1 -BR 1/Drywall Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos r. uzu iK browwwnrte 15% 85% None Detected Ghent Sample ID: A -5 -Joint Compound Lab Sample ID: 041408352-000SA Sample Description: House #1 -BR 1/Joint Compound Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 White 0% 1004x; None Detected Client Sample /D: A -6 -Drywall Lab Sample ID: 041408352-0006 Sample Description: House #1 -BR 2/Drywall Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Brown/White 15% 85% None Detected Test Report: E PAM u ltiTests-7 25 0 Printed: 4/05/2014 07:42AM Page 1 of 5 EMSL Analytical, Inc. EMSL Order ID: 041408352 200 Route 130 North Cinnaminson, NJ 08077 Customer ID: LAWE52N Phone/Fax: (800) 220-3675 / (856) 786-5974 Customer P0: 6741-14-3933 http://www.EMSL.com / cinnasblab@EMSL.com Project ID: Summary Test Report for Asbestos Analysis of Bulk Material via EPA 600/R-93/116 Method via Polarized Light Microscopy Client Sample ID: A -6 -Joint Compound Lab Sample ID: 041408352-0006A Sample Description: House #1 -BR 2/Joint Compound Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 White 0% 100% None Detected Client Sample ID: A-7 Sample Description: House #1-exterior/Win Glazing Lab Sample ID: 041408352-0007 Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 White 0% 100'o None Detected Client Sample ID: A-8 Lab Sample ID: 041408352-0008 Sample Description: House #1-exterior/Win Glazing Test Report: EPAMultiTests-7.25.0 Printed: 4/05/2014 07:42AM Page 2 of 5 Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Gray/White 0% 100% <11% Chrysotile 400 PLM Pt Ct 04/04/2014 Gray/White . _ _ _ . _ .o . 0% 100% <0.25% Chrysotile Point Count performed on NOB material Client Sample ID: without gravimetric reduction at client request. Asbestos results may be under -reported. Client Sample ID: A-9 Sample Description: House #1-exterior/Shingle (under Siding) Lab Sample ID: 041408352-0009 Sample Description: House #1-exterior/Siding Shingle Non -Asbestos Test Report: EPAMultiTests-7.25.0 Printed: 4/05/2014 07:42AM Page 2 of 5 Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Gray 0% 85% 15% Chrysotile' Client Sample ID: A -10 -Shingle Lab Samp/e /IX' 0414D8352-0010 Sample Description: House #1-exterior/Shingle (under Siding) Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Black 15°o 85% None Detected Client Sample ID: A -10 -Felt Lab Sample ID: 041408352-0010A Sample Description: House #1-exterior/Felt (under Siding) Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Black 35% 65% None Detected Client Sample IO: A -11 -Shingle Lab Sample ID: 041408352-0011 Sample Description: House #1-exterior/Shingle (under Siding) Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Red/Black 15% 85°% None Detected Client Sample ID: A -11 -Felt Lab Sample ID: 041408352-0011A Sample Description: House #1-exterior/Felt (under Siding) Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Black 75% 25% None Detected Test Report: EPAMultiTests-7.25.0 Printed: 4/05/2014 07:42AM Page 2 of 5 EMSL Analytical, Inc. EMSL Order ID: 041408352 200 Route 130 North Cinnaminson, NJ 08077 Customer ID: LAWE52N Phone/Fax: (800) 220-3675 / (856) 786-5974 Customer PO: 6741-14-3933 http://www,EMSL.com / cinnasblab@EMSL.com Project ID Summary Test Report for Asbestos Analysis of Bulk Material via EPA 600/R-93/116 Method via Polarized Light Microscopy Client Sample ID: A-12 Lab Sample ID: 041408352-0012 Sample Description: House #2-roof/Roof / Flashing Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 White/Black 10°% 90% None Detected Client Sample ID: A-13 Lab Sample ID: 041408352-0013 Sample Description: House #2-roof/Roof / Flashing Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/03/2014 White/Black 10% 90°% None Detected Client Sample ID: A -14 -Vinyl Sheet Flooring Lab Sample ID: 041408352-0014 Sample Description: House #2-bath/VFC Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 White/Beige 25% 75% None Detected Client Sample ID: A -14 -Vinyl Sheet Flooring Lab Sample ID: 041408352-0014A Sample Description: House #2-bath/VFC Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Gray/White 17°% 83°% None Detected Client Sample /D: A -15 -Vinyl Sheet Flooring Lab Sample ID: 041408352-0015 Sample Description: House #2-bath/VFC Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Various/Yellow 15% 851/� None Detected Client Sample ID: A -15 -Mastic Lab Sample ID: 041408352-0015A Sample Description: House #2-bath/VFC Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Yellow 0°% 100% None Detected Client Sample ID: A-16 Lab Sample ID: 041408352.0016 Sample Description: House #2-interior/Concrete Slab Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Gray 0% 100% None Detected Client Sample ID: A-17 Lab Sample ID: 041408352.0017 Sample Description: House #2-interior/Concrete Slab Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Gray 0°% 100% None Detected Test Report: EPAM ultiTests-7.25.0 Printed: 4/05/2014 07:42AM Page 3 of 5 EMSL Analytical, Inc. EMSL Order ID: 041408352 200 Route 130 North Cinnaminson, NJ 08077 Customer ID: LAWE52N Phone/Fax: (800) 220-3675 / (856) 786-5974 Customer PO: 6741-14-3933 http://www.EMSL.com / cinnasblab@EMSL.com Project ID: Summary Test Report for Asbestos Analysis of Bulk Material via EPA 600/R-93/116 Method via Polarized Light Microscopy Client Sample ID: A -18 -Drywall Lab Sample ID: 041408352-0018 Sample Description: Bldg #3 (mattress shop)-central/Drywall Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 White 15% 85% None Detected Client Sample ID: A -18 -Joint Compound Lab Sample ID: 041408352-0018A Sample Description: Bldg #3 (mattress shop)-central/Joint Compound Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 White 0% 100°% None Detected Client Sample ID: A -19 -Drywall Lab Sample ID: 041408352-0019 Sample Description: Bldg #3 (mattress shop)-central/Drywall Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Brown/White 15% 85% None Detected Client Sample ID: A -19 -Joint Compound Lab Sample ID: 041408352-0019A Sample Description: Bldg #3 (mattress shop)-central/Joint Compound Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 White 0% 100°% None Detected Client Sample ID: A-20 Lab Sample ID: 041408352-0020 Sample Description: Bldg #3 (mattress shop) -storage area/Bundled Panels Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Gray 0?% 90% 10% Chrysotile Client Sample ID: A-21 Lab Sample ID: 041408352.0021 Sample Description: Bldg #3 (mattress shop)-central/Concrete Slab Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/02/2014 Gray 0% 100% None Detected Client Sample ID: A-22 Lab Sample ID: 041408352.0022 Sample Description: Bldg #3 (mattress shop)-central/Concrete Slab Analyzed Non -Asbestos TEST Date Color Fibrous Non -Fibrous Asbestos Comment PLM 04/03/2014 Gray 0416 1004, None Detected Test Report: EPAM ultiTests-7.25.0 Printed: 4/05/2014 07:42AM Page 4 of 5 EMSL Analytical, Inc. EMSL Order ID: 041408352 200 Route 130 North Cinnaminson, NJ 08077 Customer ID: LAWE52N Phone/Fax: (800) 220-3675 / (856) 786-5974 Customer PO: 6741-14-3933 http://www.EMSL.com / cinnasblab@EMSL.com Project ID: Attn: James Marsh hone: (904) 396-5173 AMEC E&I, Inc. Fax: (904) 399-3176 3901 Carmichael Avenue Collected: 3/31/2014 Jacksonville, FL 32207 Received: 4/01/2014 Analyzed: 4/04/2014 Proj: 6741-14-3933 / 1155/1175 Atlantic Blvd. The samples in this report were submitted for asbestos bulk analysis. The reference number for these samples is the Order ID above. Please use this reference number when calling about these samples. Sample Receipt Date: 04/01/2014 Sample Receipt Time: 10:15 am Analysis Completed Date: 04/04/2014 Analysis Completed Time: 7:03 pm Analyst(s): Matthew Carralero PLM (15) Naadira Carter PLM (13) Nancy Stalter PLM (2) 400 PLM Pt Ct (1) Reviewed and approved by: Stephen Siegel, CIH, Laboratory Manager or Other Approved Signatory EMSL maintains liability limited to cost of analysis. This report relates only to the samples reported above and may not be reproduced, except in full, without written approval by EMSL. This test report must not be used to claim product endorsement by NVLAP or any agency of the U.S. Government. EMSL bears no responsibility for sample collection activities or analytical method limitations. The laboratory is not responsible for the accuracy of results when requested to physically separate and analyze layered samples. PLM alone is not consistently reliable in detecting asbestos in floor coverings and similar NOBs Samples analyzed by EMSLAnalytical, Inc. Cinnaminson, NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NYS ELAP 10872 NJ DEP 03036 Report amended 04/051201406 03 16 Replaces initial report from 041031201407 22 05 Reason Code. Client -Additional Analysis Test Report: EPAMultiTests-7.25 0 Printed: 4/05/2014 07:42AM Page 5 of 5 APPENDIX B SURVEYORS CERTIFICATIONS N u N J U— N � O O +_+ > epi R3 U o 0 O v U o L. N c'u o U U U V Q OtU o Cccn > C) L O N ¢ L ~ U) N o V cv Cl) E L N c o LO 0Mo 6. ' 4— cc: O'00) � Q. aj-�, L •Q} O G G L '� z N c L Q3 0 O N0 4 ` V E5 ch O L t � � .i�J J L ..i E •ti a V/ ¢ O Ui U X w c) � ' _ _ w cA i LLI � `` Lit d- U d' C^ U ui L V L. ■s -♦ E > w > F- czc c LUL) <E (Do LJ - co M N � O Ln _O E Q (3) Q 0-0 E IU) - U L. � CD iU -0 _ � U co cu r oC: N m = c C QM X �, L U A 1 _ J � O O N u L 0 � I � cn cU�� O > L_ Co_ p � ® N CO o U Q V O j -i U L`V■ �n co CUC 4.0 Qqo L C m O =� O O C5 2i 06 C Cm o �% U r v -� L�' � o �� r � a. z .�} 0 ti t6 Z N p L ti - 1i/ c �t�C �CS - v u u Q L1 (� ■ s J LL LUm W Q ¢ co Q (� s T- r o p LLj W ^` Nc Lo '` W o `a �t� U O ~ U Q �U �C/) = F-2 � �Mv r p O O '5 m X BUILDING PERMIT APPLICATION CITY OF ATLANTIC BEACH 800 Seminole Road, Atlantic Beach, FL 32233 Office (904) 247-5826 Fax (904) 247-5845 Job Address: /� �s /�7c,gni`7ic �j L p/ Permit Number: Legal Description Parcel # STt Valuation of Work $ Floor ea o t. Proposed Work heated/cooled non-heated/cooled Class of Work (circle one): New Addition Alteration Repair Move emoli ' pool/spa window/door Use of existing/proposed structure(s) (circle one): Commercial Residential If an existing structure, is a fire sprinkler system installed? (Circle one): Yes No N /A Florida Product Approval # For multiple products use product approva orm Describe in detail the type of work to be Name: City �Y - E -Mail or Fax r s� Company Name: Qualifying Address: City Office Phone Job Site/ Contact Number State Certification/Registration # Architect Name & Phone # Engineer's Name & Phone # Fee Simple Title Holder Name and Address Bonding Company Name and Address Mortgage Lender Name and Address 1 Q.Ni*77A- Fax # Zi r2i Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. This permit becomes null and void :f work is not commenced within six (6) months, or if construction or work is suspended or abandoned for a perrod of six (6) months at any time after work is commenced. I understand that separate permits must be secured for Electrical Work, Plumbing, Signs, Wells, Pools, Furnaces, Boilers, Healers, Tanks and Air Conditioners, etc. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. I hereb cert that 1 have read and examined this a plication and know the same to be true and correct. All provisions of law d ordinances governing this type of work will be complied with whether speci ted herein or not. The granting of a permit does not presume to give ity to violate or cancel the provisions of any other federal, state, or local law re latin construction or the performance of construction. �+ Signature of Owner A1C Signature of C Print Name .... ....... C€...y....... ...,�T.%Loo.k..................... Print Name ........................................................................................................................................ Before me this ]_(I Day of ESSIE MERRITT Notary Public . State of Florida My Comm. Exp res a 017 Commission # EE 872959 Bonded Through National Notary Assn. Before me this Day of Notary Public Revised 01.26.10 CITY OF ATLANTIC BEACH OWNER 0 BUILDER AFFIDAVIT I. FLORIDA STATUTES; CHAPTER 489, FLORIDA STATUTES, PART 1 "CONSTRUCTION CONTRACTING" REQUIRES OWNER / BUILDER TO ACKNOWLEDGE THE Ln W: DISCLOSURE STATEMENT FOR SECTION 489.103(7), FLORIDA STATUTES: STATE LAW REQUIRES CONSTRUCTION TO BE DONE BY LICENSED CONTRACTORS. YOU HAVE APPLIED FOR A PERMIT UNDER AN E_-NEMPTION TO THAT LAW. THE EXEMPTION ALLOWS YOU, AS THE OWNER OF YOUR PROPERTY. TO ACT AS YOUR OWN CONTRACTOR EVEN THOUGH YOU DO NOT HAVE A LICENSE. YOU MUST SUPERVISE THE CONSTRUCTION YOURSELF YOU MAY BUILD OR IMPROVE A ONE — OR TWO FAMILY RESIDENCE OR A FARM OUTBUILDING. YOU MAY ALSO BUILD OR IMPROVE A COMMERCIAL BUILDING AT A COST OF $25,000.00 OR LESS. THE BUILDING MUST BE FOR YOUR USE AND OCCUPANCY. IT MAY NOT BE BUILT FOR SALE OR LEASE. IF YOU SELL OR LEASE A BUILDING YOU HAVE BUILT YOURSELF WITHIN ONE YEAR AFTER THE CONSTRUCTION IS COMPLETE, THE LAW WILL PRESUI`ff,: THAT YOU BUILT IT FOR SALE OR LEASE, WHICH IS IN VIOLATION OF THIS EXEMPTION. YOU MAY NOT HIRE AN UNLICENSED PERSON AS YOUR CONTRACTOR. YOUR CONSTRUCTION MUST BE DONE ACCORDING TO THE BUILDING CODES AND ZONING REGULATIONS. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT PEOPLE EMPLOYED BY YOU HAVE LICENSES REQUIRED BY STATE LAW AND BY COUNTY OR MUNICIPAL LICENSING ORDINANCES. II. INJURY LIABILITY; SINCE OWNERS MAY BE LIABLE FOR INJURIES TO WORKERS THEY HIRE, THE BUILDING DEPARTMENT SUGGESTS WORKER'S COMPENSATION INSURANCE BE PURCHASED. 111. IRS WITHHOLDING; OWNERS HIRING WORKERS BECOME EMPLOYERS AND SHOULD ALSO OBSERVE IRS WITHHOLDING TAX AND/OR FORM 1099 REQUIREMENTS ON THE WORKERS THEY EMPLOY ON THEIR IMPROVEMENT TRADES. IV. PENALTY; UNLICENSED CONTRACTORS CANNOT BE EMP;_OYED UNDER ANY CIRCUMSTANCES. OWNERS BEING SUBJECT TO $5,000 PENALTY UNDER. FLORIDA STATUTE NO, 455-228(l). AN "OCCUPATIONAL LICENSE" IS NOT ADEQUATE THE OWNER, SHOULD PHYSICALLY SEE THE COUNTY "CERTIFICATE OF COMPETENCY' OR THE FLORIDA "CONTRACTORS CERTIFICATE" TO ASCERTAIN IF A PERSON IS A LICENSED CONTRACTOR. TELEPHONE THE BUILDING DEPARTMENT (247-5826) IF IN DOUBT. V. ACKNOWLEDGEMENT; I HEREBY ACKNOWLEDGE THAT I HAVE READ THE. ABOVE DISCLOSURE STATEMENT AND THAT I COMPLY WITH ALL THE REQUIREMENTS FOR -';E ISSUANCE OF AN OWNER -BUILDER PERMIT. S SIGNATU Before me this &' day of 20Y/in the county of Duval, State of Florida, has personally appeared herin by himself/ herself and affirms that all statements and declarations are true and accurate. Notary P at Large State of PAOJICounty of �% ( uq) (ERY - ��M (4. -N DATE e9 f rsonalry Known �.��`r'n"r'a�a,,� SIE MERRITT ❑ Produced Identification - N018f;• blic -State of Florida • . p My COMM. Expires Feb 10, 2017 .. y Commission # EE 872959 Notary Signature: ° Bonded Through National Notary Assn. F:BLDG/0—m -Builder Affhdavik REVISED: 4116/2009 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5826 OWNER ASBESTOS NOTIFICATION STATEMENT Date: �4'114 Building Permit # �rf) Site Address: , _ /✓ ' `� J6/YC1 Street City State Gip 104.4.4 Asbestos removal. Moving, removal or disposal of asbestos -containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner -builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos -containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. if you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses requirod by state law and by county or municipal licensing ordinances. Prope er's Signature Subscribed and sworn to before me this �'� day of personally appeared �� eo who is personally known to me or producedas identification, and who did/did not take an oath: U Notary Public gligature "" ESSIE MERRITT .............. P��t/1 . �•: Notary Public - State of Florida • My Comm. Expires Feb 10, 2017 Seal %+ ?;° Commission # EE 872959 N'•��•"� Bonded Through National Notary Assn. FORM DATE: 10.01.2006 FORM: ASBOWN ;�.iJ City of Atlantic Beach' �V� �= f St EC Building Department 800 Seminole Road J Atlantic Beach, Florida 32233-5445 APR 17 2014 xPhone (904) 247-5826 • Fax (904) 247- 845 �r;1��' E-mail: building-dept@coab.us BY:_ City web -site: http://www.coab.us APPLICATION NUMBER (To be assigned by the Build�Qep ment.) Date routed: 4116 APPLICATION REVIEW AND TRACKING FORM Property Address: 41 Applicant: Project: Dflw d Department review required Yes No Building Planning & Zoning Tree Administrator u r Public Utilities Public Safety Fire Services Review fee $s � Dept Signature C_ Other Agency Review or Permit Required Review or Receipt Date of Permit Verified B Florida Dept. of Environmental Protection Florida Dept. of Transportation St. Johns River Water Management District Army Corps of Engineers Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco Other: APPLICATION STATUS G)� S Reviewing Department First Review: NApproved (Circle one.) Comments: BUILDING P , (Sic f /sS) PLANNING & ZONING TREE ADMIN. PUBLIC WORKS PUBLIC UTILITIES PUBLIC SAFETY FIRE SERVICES Revised 05/14/09 Reviewed by: n1 i. Second Review: ❑Approved as revised. ❑Denied. Comments: Reviewed by: Third Review: ❑Approved as revised. ❑Denied. Comments: Reviewed by: 1 Date: Date: Date: PUBLIC WORKS PLAN REVIEW COMMENTS i 1 Date: — 7—/ �Y"A/e Initials: Project Name /Address G /►�� PN ML Application Permit #: Application Tracking Comments Check Box Check to Add Box to IMPS Provide table of impervious surface calculations for entire lot (existing and post Comment "Print" construction). ❑ ❑ ESCP Provide erosion and sediment control plans with installation details and maintenance schedule. ❑ DPLN Provide drainage plans showing site topography (flow arrows, etc.) ❑ ❑ RMRO All runoff must remain on-site. Cannot raise lot elevation without measures to retain runoff. ❑ ❑ CSMP Provide construction site management plan, including Right -of -Way Permit if using right-of-way for construction parking. ❑ TSUR Provide a pre -construction topographic survey prepared by a Florida Licensed Professional Land Surveyor, showing 1' contours. - ❑ ❑ Section24-66(b) of the Land Development Regulations requires on-site storage for LDCS increased run-off if adding 400 SF or more impervious surface. Provide Delta volume calculations and on-site retention required per Section 24-66(b). (See attached information ❑ ❑ sheet.) PCTS If on-site storage is required, a post construction topographic survey documenting proper construction will be required. ❑ ❑ RWPM A Right -of -Way Permit must be obtained for use ❑ ❑ REPM A Revocable Encroachment Permit must be obtained. ❑ ❑ PLWP Pool — Wellpoint (if used) must discharge into vegetated area 10' minimum from street or drainage feature (swale, structure or lagoon). ❑ ❑ All concrete driveway aprons must be 5" thick, 4000 psi, with fibermesh from edge of DAPR pavement to the property line. Reinforcing rods or mesh are not allowed in the right -of- ❑ ❑ way. (Commercial driveways — 6" thick). Any utility cuts in the road must be repaired using COJ Standard Detail Case X and must be URCT overlaid 10 feet in each direction from the center of the cut. Repair must be shown on the ❑ ❑ plans. RWRS Full right-of-way restoration, including sod, is required. ❑ ❑ Roll off container company must be on City approved list and container cannot be placed on ROFF City right-of-way. (Approved: Advanced Disposal, Realco, Shappelle's and Waste ❑ Management). Full erosion control measures must be installed and approved prior to beginning any earth ECIN disturbing activities. Contact Public Works (247-5834) for Erosion and Sediment Control 'VQ p Inspection prior to start of construction. MEET Recommend Owner/Contractor meet with Public Works Director to discuss proposed construction. Call 247-5834 to make an appointment. ❑ ❑ Professional Services Agreement ame&* . PARTIES This Agreement made this 30th day of March 2014, between: Euthenics and AMEC Environment & Infrastructure, Inc. 1650 Beach Boulevard 3901 Carmichael Ave Jacksonville, Florida 32233 Jacksonville, Florida 32207 Attn.: Mr. Kelly R. Elmore Attn: James Marsh hereinafter called "Client" hereinafter called "AMEC" PROJECT Client engages AMEC to provide services in connection with: Asbestos Surveys x3: 1155/1175 Atlantic Boulevard, Jacksonville, FL SCOPE OF SERVICES AMEC agrees to perform services as follows: Per proposal PROP14JAXV065, dated March 30, 2014 Client agrees that all services not expressly included are excluded from AMEC's Scope of Services. COMPENSATION (check one) X_ Firm -fixed price: Client agrees to compensate AMEC on a firm -fixed price basis in the amount of: $1,050.00 Time and materials: Client agrees to compensate AMEC for all hours worked and other costs incurred at the rates and terms set forth herein. Should the total cost of AMEC's performance be greater than the estimated amount shown below, AMEC will notify Client and provide a revised estimate for Client's approval. In such event, continued performance is subject to additional funding as mutually agreed. Labor Categories and Hourly Labor Rates: Other Direct Costs (Reimbursed at cost plus % mark-up): Total estimated time and materials cost: In addition to the Agreement amount, Client assumes full responsibility for the payment of any applicable sales, use, or value-added taxes under this Agreement, except as otherwise specified. ATTACHMENTS The listed attachments form part of this Agreement: 1. 065 2. 3. Page 1 of 4 US -1 Rev. 05-13 TERMS AND CONDITIONS 1: AUTHORIZATION TO PROCEED. The signing of this Agreement by the Client and AMEC will serve as written authorization for AMEC to proceed with the services called for in this Agreement. 2. ENTIRE AGREEMENT. This Agreement, including attachments incorporated herein by reference, represents the entire agreement between AMEC and Client and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be altered only by written instrument signed by authorized representatives of both Client and AMEC. 3. CHANGES AND DELAYS. CLIENT acknowledges that AMEC's services do not include the review of public disclosure documents or preparing consents for regulatory filing purposes. If CLIENT requests such consents from AMEC, CLIENT acknowledges that it will be at CLIENT's cost, and CLIENT shall allow sufficient time for AMEC to perform the necessary review required for completing the consents. Work beyond the scope of services or re -doing any part of the project through no fault of AMEC, shall constitute extra work and shall be paid for on a time -and -materials basis in addition to any other payment provided for in this Agreement. In the event AMEC's work is interrupted due to delays other than delays caused by AMEC, AMEC shall be compensated equitably (based on AMEC's current Fee Schedule) for the additional labor or other charges associated with maintaining its work force for Client's benefit during the delay, or at the option of the Client, for charges incurred by AMEC for demobilization and subsequent remobilization. If, during the course of performance of this Agreement, conditions or circumstances are discovered which were not contemplated by AMEC at the commencement of this Agreement, AMEC shall notify Client in writing of the newly discovered conditions or circumstances and the impact on the Agreement. Client and AMEC agree to negotiate in good faith any changes to the price, terms and conditions or schedule of this Agreement. Client acknowledges and agrees that its use of any purchase order or other form to procure services is solely for administrative purposes and in no event shall AMEC be bound to any terms and conditions on such form regardless of reference to or signature. Client shall endeavor to reference this Agreement on any purchase order (or any other form), but Client's failure to do so shall not operate to modify this Agreement. 4. PAYMENT AND SUSPENSION. Unless otherwise stated in the Proposal, invoices will be submitted by AMEC either at the completion of the work or on a monthly basis and will be due and payable on the invoice date. Invoices not paid within thirty (30) days of the invoice date shall be subject to a late fee of one and one-half percent (1.5%) per month computed at 31 days from the date of invoice. In addition, any collection fees, legal fees, court costs, and other related expenses incurred by AMEC in the collection of delinquent invoice amounts shall be paid by CLIENT. IN THE EVENT CLIENT DISPUTES ALL OR PART OF AN INVOICE, CLIENT MUST ADVISE AMEC IN WRITING WITHIN FIFTEEN (15) DAYS FROM INVOICE DATE. UNDISPUTED PORTIONS ARE SUBJECT TO PAYMENT WITHIN THIRTY (30) DAYS. AMEC may suspend performance of services under this Agreement if: 1) CLIENT fails to make payment in accordance with the terms hereof, 2) CLIENT becomes insolvent, enters bankruptcy, receivership, or other like proceeding (voluntary or involuntary) or makes an assignment for the benefit of creditors, or 3) AMEC reasonably believes that CLIENT will be unable to pay AMEC in accordance with the terms hereof and notifies CLIENT in writing prior to such suspension of services. If any such suspension causes an increase in the time required for AMEC's performance, the performance schedule and/or period for performance shall be extended for a period of time equal to the suspension period. 5. PERMITS, UTILITIES AND ACCESS. Unless otherwise agreed in writing, the Client shall: 1) apply for and obtain all required permits and licenses; 2) make all necessary arrangements for right of entry to provide AMEC access to the site for all equipment and personnel at no charge to AMEC; 3) make available to AMEC all relevant information and documents under its control regarding past, present and proposed conditions of the site, including but not limited to plot plans, topographic studies, hydrologic data and previous soil and geologic data including borings, field or laboratory tests and written reports and shall immediately transmit to AMEC any new information that becomes available or any changes in plans; and 4) provide AMEC with the location of all underground utilities and structures in the exploration area. While AMEC will take all reasonable precautions to minimize any damage to the property, the Client agrees to hold AMEC harmless for any damages to any subterranean structures or any damage required for right of entry. 6. PROBABLE COSTS. AMEC does not guarantee the accuracy of probable costs for providing services hereunder. Such probable costs represent only AMEC's judgment as a professional and are supplied only for the general guidance of the Client. 7. DISPUTES. Any dispute arising hereunder shall first be resolved by taking the following steps, where a successive step is taken if the issue is not resolved at the preceding step: 1) by the technical and contractual personnel for each party performing this Agreement, 2) by executive management of each party, 3) by mediation, or 4) through the court system of the jurisdiction of the AMEC office that is entering into this Agreement. Client hereby waives the right to trial by jury for any disputes arising out of this Agreement. Except as otherwise provided herein, each party shall be responsible for its own legal costs and attorneys' fees. Page 2 of 4 US -1 Rev. 05-13 8. STANDARD OF CARE. In the performance of professional services, AMEC will use that level of care and skill ordinarily exercised by reputable members of AMEC's profession currently practicing in the same locality under similar conditions. NO OTHER REPRESENTATION, GUARANTEE, OR WARRANTY, EXPRESS OR IMPLIED, IS INCLUDED OR INTENDED IN THIS AGREEMENT, OR IN ANY COMMUNICATION (ORAL OR WRITTEN), REPORT, OPINION, DOCUMENT, OR INSTRUMENT OF SERVICE. 9. INDEMNITY. Client agrees to defend, indemnify, protect and hold harmless AMEC and its officers, employees and agents from any and all claims, liabilities, damages or expenses, including but not limited to delay of the project, reduction of property value, fear of or actual exposure to or release of toxic or hazardous substances, and any consequential damages of whatever nature, which may arise directly or indirectly, to any party, as a result of the services provided by AMEC under this Agreement, unless such injury or loss is caused by the sole negligence of AMEC. 10. LIMITATION OF LIABILITY. AS PART OF THE CONSIDERATION AMEC REQUIRES FOR PROVISION OF THE SERVICES INDICATED HEREIN, CLIENT AGREES THAT ANY CLAIM FOR DAMAGES FILED AGAINST AMEC BY CLIENT OR ANY CONTRACTOR OR SUBCONTRACTOR HIRED DIRECTLY OR INDIRECTLY BY CLIENT WILL BE FILED SOLELY AGAINST AMEC OR ITS SUCCESSORS OR ASSIGNS AND THAT NO INDIVIDUAL PERSON SHALL BE MADE PERSONALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OR OTHERWISE, IN WHOLE OR IN PART. Notwithstanding any other provision of this Agreement, the total liability of AMEC, its officers, directors and employees for liabilities, claims, judgments, demands and causes of action arising under or related to this Agreement, whether based in contract or tort, shall be limited to the total compensation actually paid to AMEC for the services or $50,000, whichever is less. All claims by Client shall be deemed relinquished unless filed within one (1) year after substantial completion of the services. In addition, AMEC shall not be liable for consequential, incidental or indirect damages as a result of the performance of this Agreement. 11. INSURANCE. AMEC will maintain insurance for this Agreement in the following types: 1) worker's compensation insurance at statutorily required levels, 2) comprehensive general liability insurance and 3) automobile liability insurance for bodily injury and property damage. 12. RESPONSIBILITY. AMEC is not responsible for the completion or quality of work that is dependent upon or performed by the Client or third parties not under the direct control of AMEC, nor is AMEC responsible for their acts or omissions or for any damages resulting therefrom. 13. EXCLUSIVE USE. Services provided under this Agreement, including all reports, information or recommendations prepared or issued by AMEC, are for the exclusive use of the Client for the project specified. No other use is authorized under this Agreement. Client will not distribute or convey AMEC's reports or recommendations to any person or organization other than those identified in the project description without AMEC's written authorization. Client releases AMEC from liability and agrees to defend, indemnify, protect and hold harmless AMEC from any and all claims, liabilities, damages or expenses arising, in whole or in part, from such unauthorized distribution. 14. FIELD REPRESENTATION. Unless otherwise expressly agreed in writing, AMEC shall not be responsible for the safety or direction of the means and methods at the Client's site of contractors or their employees or agents that are not hired by AMEC, and the presence of AMEC at the Client's site will not relieve the contractor of its responsibilities for performing the work in accordance with applicable regulations, or in accordance with project plans and specifications. If necessary, Client will advise any contractors that AMEC's services are so limited. AMEC will not assume the role of "prime contractor", "principal contractor", "constructor", "controlling employer", or their equivalents unless the scope of such services are expressly agreed in writing. 15. ENVIRONMENTAL LIABILITY. Client has and shall retain all responsibility and liability for the environmental conditions on the site. All non -consumed samples shall remain the property of the Client, and Client shall be responsible for and promptly pay for the removal and lawful disposal of samples, cuttings and hazardous materials, unless otherwise agreed in writing. If appropriate, AMEC shall preserve samples obtained for the project for not longer than 30 days after the issuance of any document that includes the data obtained from those samples. 16. TERMINATION. This Agreement may be terminated by either party upon ten (10) days written notice to the other. In the event of a termination, Client shall pay for all reasonable charges for work performed and demobilization by Page 3 of 4 US -1 Rev. 05-13