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R04-124
II 1 RESOLUTION NO. 04- I aL{ 2 , I I; A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 ' , i! 4 I I FLORIDA, AUTHORIZING AND APPROVING A Ii 5 II CONSTRUCTION MANAGER AGREEMENT BETWEEN 6 II THE CITY OF BOYNTON BEACH AND ROGINA INC. 7 II FOR THE ENVIRONMENTAL REMEDIATION OF THE 8 OLD MANGROVE HIGH SCHOOL, AND AUTHORZING 9 THE CITY MANAGER AND CITY CLERK TO EXECUTE 10 THE AGREEMENT; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, previous Requests for Proposals for the environmental remediation of 14 ld Mangrove High School resulted in one proposal which was not responsive to the needs 15 f this proj ect, and; 16 WHEREAS, Rogina, Inc. will be responsible for the project to include obtaining 17 ervices of subcontractors, and providing testing and evaluation upon completion of the 18 roject, and; 19 WHEREAS, upon recommendation of staff, City Commission deems it in the best 20 nterest of the citizens of the City of Boynton Beach to approve the Construction Manager 21 ontract with Robina, Inc. for the environmental remediation to the Old Mangrove High 22 chool House. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 eing true and correct and are hereby made a specific part of this Resolution upon adoption 27 ereo f. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 ereby authorize and approve the Construction Manager Agreement between the City of I ! I II 1 Boynton Beach and Rogina, Inc., said Agreement is attached hereto as Exhibit "A". I i I 2 i I Section 3. The City Manager and City Clerk are authorized and directed to I 3 fxecute said Agreement. 4 Section 4. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this ~ day of July 2004. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 i \ -----~.1 l~ 1<;7 Jr~ 11 . ...., , If?' i./ _ 12 13 14 15 ~ 16 '-- 17 18 19 I 20 I 21 I 22 Commis oner 23 í) - . ..Jr. 24 . ¡-'~ 25 26 27 Corporate Seal) 28 29 ~? School Environmental 1 "Jt:: . B %~._¥ ~ I OJ.O.--.~(~ I I I I F\04 -laLJ AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER This Agreement is made and entered into the day of 2004, by and between the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ("Owner") and ROGINA, INC., a Florida corporation ("Construction Manager") . WHEREAS, the OWNER desires to remediate the Old Mangrove High School located at 125 East Ocean A venue, Boynton Beach, Florida, through Environmental Stabilization ("Project"), and further desires to utilize the construction management at risk approach to complete Project; and WHEREAS, OWNER advertised for and received bids for the Project on May 12, 2004, under RFP #059-171O-04/CJD; and WHEREAS, the OWNER must complete the Project to facilitate the remediation of the Old Mangrove High School and has determined it is in the best interest of the OWNER to utilize the Construction Management at Risk approach to complete the Project; and WHEREAS, CONSTRUCTION MANAGER is experienced in the field of providing such Construction Management Services to clients; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, OWNER and CONSTRUCTION MANAGER agree as follows: ARTICLE 1 - THE PROJECT TEAM AND EXTENT OF AGREEMENT The CONSTRUCTION MANAGER agrees to furnish or arrange for the construction services set forth herein and agrees to furnish project management and administration and superintendence, and to use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the OWNER. 1.1 The Project Team. The CONSTRUCTION MANAGER, the OWNER and the CONSTRUCTION MANAGER's consultants and subcontractors, collectively called the "Project Team," shall work cooperatively through construction completion. The CONSTRUCTION MANAGER will provide a list to OWNER designating individual representatives of CONSTRUCTION MANAGER and their role in the Project. The list shall be provided within (10) days of execution of this Agreement, shall be reviewed and approved by owner, and may be amended from time to time upon agreement of both parties. 1 1.2 Extent of Agreement. The Contract Documents represent the entire agreement between the OWNER and the CONSTRUCTION MANAGER and supersede all prior negotiations, representations or agreements. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both OWNER and CONSTRUCTION MANAGER. While the OWNER may issue separate purchase orders to CONSTRUCTION MANAGER to satisfy OWNER's purchasing requirements, the terms and conditions of any such purchase orders issued after the date of this Agreement shall be deemed to be void and the terms and conditions of this Agreement shall be deemed substituted therefore. 1.3 Definitions. 1.3.1 The Project is generally described as the environmental stabilization through general hazard remediation to include pigeon feces and general cleaning at the Old Mangrove High School, located at , Boynton Beach, Florida. The Project is more specifically described in Exhibit "A" and the plans and specifications referenced therein. 1.3.2 The Work is the construction management and construction services required to complete the Project. 1.3.3 The ENGINEER shall be the independent person, firm or corporation designated by the OWNER. ARTICLE 2 - CONSTRUCTION MANAGER'S RESPONSIBILITIES 2.1 CONSTRUCTION MANAGER's Services. CONSTRUCTION MANAGER shall furnish through its own employees or engage subcontractors or subconsultants to furnish the following services for execution and completion of the Agreement, which shall constitute the "Work." 2.1.1 The CONSTRUCTION MANAGER will secure on behalf of the OWNER with a target schedule for the completion of the Project. 2.1.2 The Schedule is attached hereto as Exhibit "B". This Schedule shall indicate the dates for the starting and completion of the various stages of the Project, and shall contain the necessary information to allow the OWNER to monitor the progress of the Work. It shall be revised as required by the conditions of the Work and for those conditions and events resulting from Delays as described in Article 5.2 of this Agreement which shall be revised as required by the conditions of the Work and for those conditions and events resulting from Delays as described in Article 5.2 of this Agreement which shall be agreed on by the CONSTRUCTION MANAGER and the OWNER. 2 2.1.3 The CONSTRUCTION MANAGER shall complete the work under this Agreement within twenty-one (21) calendar days from the date of mobilization in accordance with the schedule attached hereto as Exhibit "B", as follows: 2.1.4 Any reference to liquidated damages contained elsewhere in this Agreement or documents incorporated by reference are not applicable to this Agreement. The sole damages for the CONSTRUCTION MANAGER'S delay in final completion are set forth below. Delays in final completion, except as extended in accordance with the terms of this Agreement shall result in a five (5%) percent reduction per month in the share of the servings in subcontract costs described in Exhibit "A". 2.1.5 The CONSTRUCTION MANAGER will provide all materials and equipment, supervision, inspection, testing, labor, tools, construction equipment and specifically items necessary to execute and complete the Project. 2.1.6 The CONSTRUCTION MANAGER shall take necessary precautions for the safety of its employees on the Work, and shall comply with all applicable provisions of federal, state and local safety laws. CONSTRUCTION MANAGER shall include provisions in all subcontracts requiring its subcontractors to be responsible for the safety of their employees on the Work, and to comply with all applicable provisions of federal, state, and municipal safety laws. It is agreed that the CONSTRUCTION MANAGER shall have no responsibility for the abatement of safety hazards resulting from work at the job site carried on by the OWNER's separate contractors, or by the OWNER or persons for whom the OWNER is responsible. OWNER will comply with, and agree to cause any such separate contractors or persons to comply fully with all applicable provisions of federal, state, and local safety laws and regulations. 2.1.7 The CONSTRUCTION MANAGER shall keep the premises of the Project free from accumulation of construction debris and waste materials caused by the CONSTRUCTION MANAGER's and its subcontractors' operations. At the completion of the Work, the CONSTRUCTION MANAGER shall remove from the Project the CONSTRUCTION MANAGER's and its subcontractors' tools, surplus materials, construction equipment, and machinery. 2.1.8 Change Orders shall be limited to changes in the scope or design of the Project or changes caused by differing site conditions or extensions of time for reasons as described in Article 5.2 of this Agreement. The CONSTRUCTION MANAGER shall prepare Change Orders for the OWNER's approval and execution in accordance with this Agreement. 2.1.9 The CONSTRUCTION MANAGER shall maintain in good order at the site one record copy of the drawings, specifications, product data, samples, MSDS sheets, shop drawings, Change Orders, and other Modifications, marked currently to 3 record changes made during construction. These shall be delivered to the OWNER upon completion of the Project and final payment. 2.1.10 The CONSTRUCTION MANAGER's scope of services is set forth in Exhibit "A" attached hereto and made a part of this Agreement. 2.1.11 The CONSTRUCTION MANAGER's services shall not include expressly or by implication any analysis, determination or opinion as to whether the OWNER is in compliance with federal, state or local laws, statutes, ordinances or regulations. 2.2 Standards and Completion. 2.2.1 The CONSTRUCTION MANAGER agrees that all materials and equipment furnished under this Agreement will be new, unless otherwise specified, and that all Work will be of good quality, complete, and free from improper workmanship and defective materials. CONSTRUCTION MANAGER will not be responsible; however, for defects caused by OWNER modifications, abuse, or improper maintenance or operation. The CONSTRUCTION MANAGER agrees to correct all work performed by under this Agreement which proves to be defective in material or workmanship within a period of three hundred sixty five (365) days after completion of the Work as defined in Paragraph 2.2.1.1 provided that OWNER furnishes written notice of such defect within such three hundred sixty five (365) day period. CONSTRUCTION MANAGER provides no warranty, express or implied, for OWNER-furnished equipment or equipment, accessories and parts manufactured by others. However, any warranty or guarantee obtained by CONSTRUCTION MANAGER from any such manufacturer shall be deemed to have been obtained for the benefit of OWNER and will be assigned to OWNER, with the consent of the manufacturer. 2.2.2 Unless otherwise expressly noted, the term "completion" m this Agreement shall mean substantial completion. Substantial completion is the stage of progress when the Work or a designated portion thereof is sufficiently complete in accordance with this Agreement so that the OWNER can occupy or utilize the Work for its intended use. When the CONSTRUCTION MANAGER considers each Phase of the Work substantially complete, the CONSTRUCTION MANAGER shall notify the OWNER and ENGINEER in writing that the Phase of the Work is substantially complete and request that the ENGINEER issue a certificate of Substantial completion for that Phase. Promptly thereafter, OWNER, CONSTRUCTION MANAGER and ENGINEER shall make an inspection for the Work to determine the status of completion. If ENGINEER does not consider that Phase of the Work substantially complete, ENGINEER will notify CONSTRUCTION MANAGER in writing giving reasons therefore. If ENGINEER considers that Phase of the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial completion for that 4 Phase. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment for that Phase. OWNER shall have seven (7) days after receipt of tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or the attached list. If after considering such objections, ENGINEER concludes that the Work for that Phase is not substantially complete, ENGINEER will within five (5) days after submission of the tentative certificate to OWNER notify CONSTRUCTION MANAGER in writing, stating the reasons therefore. If after considering Owner's objections, ENGINEER considers the Work Substantially Complete for that Phase, ENGINEER will within a said five (5) days execute and deliver to OWNER a definitive Certificate of Substantial Completion for that Phase (with a revised list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion the ENGINEER will deliver to OWNER and CONSTRUCTION MANAGER a written recommendation as to division of responsibilities pending final payment between OWNER and CONSTRUCTION MANAGER with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and Construction Manager agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive Certificate of Substantial Completion for each Phase, ENGINEER'S aforesaid recommendation will be binding on the OWNER and CONSTRUCTION MANAGER until final payment for that Phase. The City Commission shall confirm the date of Substantial Completion for each Phase by Resolution of the Commission. 2.2.3 The CONSTRUCTION MANAGER will secure required certificates of inspection, testing, or approval required for building construction and deliver them to the OWNER. 2.2.4 The CONSTRUCTION MANAGER shall sign any and all required manifests relating to the generation, transportation, storage, treatment and disposal of all hazardous wastes arising out of or related to the Project or the Work, and shall be responsible for the proper and lawful disposal of any hazardous wastes accumulated pursuant to the performance of this Agreement. 2.2.5 The CONSTRUCTION MANAGER will collect all equipment manuals, if applicable, and deliver them to the OWNER. ARTICLE 3 - OWNER'S RESPONSIBILITES 3.1 The OWNER shall provide full information regarding its requirements for the Project. 5 3.2 The OWNER shall designate a representative who shall be fully acquainted with the Project and have full authority to promptly approve changes in the scope of the Project, promptly render approvals and decisions, and furnish information expeditiously and in time to meet the dates set forth in the Schedule. The OWNER's designated representative is 3.3 The OWNER shall provide to CONSTRUCTION MANAGER for its use on this Project (if existing and available) any site surveys, reports, utility locates (including telecommunications), and property descriptions; all of which shall be utilized as applicable. OWNER agrees to be responsible for damage caused by CONSTRUCTION MANAGER's interference with subterranean structure, such as pipes, tanks, utility lines, and cables, only if CONSTRUCTION MANAGER has called and verified subterrane locates and the identified locates have found to be in error. 3.4 The OWNER shall secure and pay for necessary approvals, easements, assessments, and charges required for the construction, connection, use, or occupancy of permanent structures or for permanent changes in existing facilities. 3.5 The OWNER shall furnish such legal services as may be necessary for providing the items set forth in Paragraph 3.4 and such auditing services as may be required. 3.6 If the OWNER becomes aware of any fault or defect in the Work or nonconformance with the Drawings or Specifications, it shall give prompt written notice thereof to the CONSTRUCTION MANAGER. 3.7 CONSTRUCTION MANAGER directly or through its subcontractors shall provide public construction bonds as required by Florida Statute 255.05. 3.8 The services and information required by the above paragraphs shall be furnished with reasonable promptness at OWNER's expense. The CONSTRUCTION MANAGER shall be entitled to rely upon the accuracy and the completeness of all such information provided by the OWNER. 3.9 The OWNER shall furnish reasonable evidence satisfactory to the CONSTRUCTION MANAGER, prior to signing this Agreement, or upon written request of the CONSTRUCTION MANAGER from time to time thereafter, that sufficient funds are available and committed to pay for CONSTRUCTION MANAGER's total estimated charges for the Work. Whether or not the CONSTRUCTION MANAGER elects to proceed with work without having received evidence, CONSTRUCTION MANAGER may thereafter stop work upon fifteen (15) days' prior written notice if such evidence has not been furnished within a reasonable time after any such request. 6 3.10 The OWNER shall have no contractual obligation to the CONSTRUCTION MANAGER's subcontractors and subconsultants and shall communicate with such subcontractors and subconsultants only through the CONSTRUCTION MANAGER. 3.11 The OWNER shall pay for all utility connection fees and special facility charges rendered by utilities for connection of permanent utility services to the Project. ARTICLE 4 - SUBCONTRACTS 4.1 Selection of Subcontractors. All portions of the Work that the CONSTRUCTION MANAGER does not perform with its own forces shall be performed under subcontracts. The CONSTRUCTION MANAGER shall select competent Subcontractors and shall be responsible for the management of the Subcontractors' performance of their work. ARTICLE 5 - CONTRACT TIME SCHEDULE AND SUBSTANTIAL COMPLETION 5.1 Contract Time. 5.1.1 The Work to be performed under this Agreement shall be performed in accordance with the Schedule provided pursuant to Exhibit "B". 5.1.2 The term "day" as used in this Agreement shall mean calendar day, unless otherwise specifically designated. 5.2 Delays. 5.2.1 If the CONSTRUCTION MANAGER is delayed at any time in the progress of the Project by change orders in the Project, or by labor disputes, fire, unusual delay in transportation, unusual delay or shortages in material, supplies, adverse weather conditions not reasonably anticipatable, unavoidable casualties, acts of God, differing site conditions, unusual delay in the issuance of building permits, or zoning or utility services, stop work orders or temporary suspensions of Project activities ordered by OWNER or governmental authorities, delay by OWNER in providing authority for CONSTRUCTION MANAGER to have access to the site, then the time within which the Work is to be completed shall be adjusted accordingl y. 5.2.2 If CONSTRUCTION MANAGER is delayed by any act of OWNER or by any separate contractor employed by OWNER or for any other cause for which the OWNER is responsible, CONSTRUCTION MANAGER's remedy is limited to an extension of the contract time. 7 ARTICLE 6 - CHANGES IN THE PROJECT 6.1 Change Orders. 6.1.1 Any work not contained in the scope of services set forth in Exhibit "A" shall be a change and shall be performed by CONSTRUCTION MANAGER only pursuant to a written Change Order to this Agreement signed by OWNER and CONSTRUCTION MANAGER. Such a Change Order may increase or decrease the Work within the general scope of this Agreement. 6.1.2 The proposal document may identify specific items that are not included in the Contract Price. The Work included in this Agreement shall be limited to that work specifically set forth in Exhibit "A". The performance or furnishing of any such items by CONSRUCTION MANAGER that are not included in the scope of services set forth in Exhibit A shall be pursuant to a Change Order issued in accordance with Paragraph 6.1.1. 6.2 Differing Site Conditions 6.2.1 The CONSTRUCTION MANAGER shall promptly, and before the conditions are disturbed, give written notice to the OWNER of (1) subsurface or latent conditions at the site which differ materially form those indicated in this contract and of (2) discovered and previously unknown physical conditions at the site, of an unusual nature, which differ materially from those encountered and generally recognized as inhering in works of the character provided for in this Agreement. Refer to Section 3.3 for responsibility as to subterranean conditions. 6.2.2 The OWNER shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the CONSTRUCTION MANAGER's cost of, or the time required for, performing any part of the Work under this Agreement, whether or not changed as a result of the conditions, an equitable adjustment shall be made an this Agreement modified in writing accordingly. 6.2.3 No request by the CONSTRUCTION MANAGER for an equitable adjustment under this section 6.2 shall be allowed, unless the CONSTRUCTION MANAGER has given the written notice required for such adjustment. 6.2.4 No request by the CONSTRUCTION MANAGER for an equitable adjustment to this Agreement for differing site conditions shall be allowed if made after final payment under this Agreement. 8 6.3 Regulatory Changes. The CONSTRUCTION MANAGER shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws or regulations subsequent to the date of this Agreement, provided that notice in advance of such work is furnished to OWNER. ARTICLE 7 -PAYMENTS TO THE CONSTRUCTION MANAGER 7.1 Payments 7.1.1 The type and form of compensation for CONSTRUCTION MANAGER shall be as specified in Exhibit "A". 7.1.2 CONSTRUCTION MANAGER shall submit to the OWNER monthly invoices covering the period ending on the last day of the preceding month that shall indicate the total amount due to the CONSTRUCTION MANAGER for work performed for the Preceding month. The OWNER shall have the right of inspection and verification of CONSTRUCTION MANAGER's invoice and shall have fifteen (15) days within which to approve the invoice. 7.1.3 The OWNER shall have the right to retain ten (10%) percent of the amount requested by CONSTRUCTION MANAGER for each payment. When the Work for each Phase reaches eighty (80%) percent completion the total amount of retain age shall not exceed five (5%) percent of the cumulative total amount invoiced by the CONSTRUCTION MANAGER for that phase of the Work. The five (5%) percent retainage shall be paid upon final completion of all Phases. 7.1.4 If the OWNER fails to make progressive payments due CONSTRUCTION MANAGER for undisputed services and expenses with thirty (30) days after receipt of CONSTRUCTION MANAGER's statement thereof, the CONSTRUCTION MANAGER may, after giving seven (7) days' written notice, suspend services under this Agreement until CONSTRUCTION MANAGER has been paid the undisputed amounts due for services, expenses and charges. If OWNER disputes any request for services, expenses and charges, OWNER must document is objection to payment within twenty (20) days of receipt of the statement therefor and may withhold that portion of the statement, which is disputed. If the parties are unable to resolve OWNER'S dispute, OWNER shall deposit the disputed amount with an escrow agent agreed upon by the parties. The terms of the escrow shall authorize disbursement by the escrow agent following either agreement of the parties or order of a court in the event the dispute cannot be amicably resolved. 7.2 Title Free of Liens. The CONSTRUCTION MANAGER agrees that title to all Work, including materials and equipment incorporated in the Project covered by any invoice will pass to the OWNER upon receipt of payment of the full amount of 9 CONSTRUCTION MANAGER's invoice therefore, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as Liens. CONSTRUCTION MANAGER, at its own expense, shall indemnify, defend and save harmless OWNER against liens filed on the property of OWNER by subcontractors, material men or suppliers of CONSTRUCTION MANAGER for amounts due them from CONSTRUCTION MANAGER for Work, the cost of which has been paid by OWNER to CONSTRUCTION MANAGER. ARTICLE 8 - INDEMNITY AND INSURANCE 8.1 Indemnity. 8.1.1 The CONSTRUCTION MANAGER, in consideration of the sum of one hundred ($100.00) dollars paid by the OWNER and other valid consideration, the receipt and sufficiency of which is hereby acknowledged, agrees to indemnify, defend and hold the OWNER harmless from all claims and suits for damages arising from personal injuries, including death, injury or destruction of tangible property (other than the Work itself), including loss of use resulting therefrom to the extent caused by the negligence of the CONSTRUCTION MANAGER, and from all judgments recovered therefore, and from all expenses for defending claims or suits, including court costs and attorney's fees, resulting therefrom. CONSTRUCTION MANAGER shall have no duty to indemnify OWNER hereunder against claims arising as a result of OWNER's sole or contributing negligence or the sole or contributing negligence of any other party. In no event shall CONSTRUCTION MANAGER be responsible, under this paragraph or otherwise, for any indirect, special or consequential damages of any kind. 8.2 CONSTRUCTION MANAGER's Insurance. The CONSTRUCTION MANAGER shall purchase and maintain the following Insurance to cover CONSTRUCTION MANAGER's performance under this Agreement. Owner shall be an additional insured on the comprehensive general liability and automobile liability insurance policies. 8.2.1 Worker's Compensation Insurance In full compliance with workers' compensation laws of the states within which any part of the work is to be performed, together with employer's liability coverage with minimum limits of liability in the amount of $1,000,000 for each occurrence. 8.2.2 Comprehensive automobile liability insurance covering all owned, hired and non- owned vehicles with the following minimum limits of liability; Combined single limit - $500,000 each occurrence and $1,000,000 aggregate 8.2.3 Comprehensive general liability insurance including Independent Contractor's coverage with the following minimum limits of liability: 10 Combined single limit - $1,000,000 each occurrence and $2,000,000 aggregate 8.2.4 The CONSTRUCTION MANAGER's comprehensive general liability policy shall also include blanket contractual liability coverage. 8.2.5 CONSTRUCTON MANAGER shall reqUIre by subcontract that all Subcontractors maintain the same limits of insurance as set forth above and provide Certificates of Insurance listing OWNER as an additional insured on the automobile and general liability insurance policies. 8.2.6 All coverage shall be with insurance companies with a current rating of B+ issued by A.M. Best Company. 8.3 Certificates. CONSTRUCTION MANAGER shall furnish to OWNER promptly following the execution of this Agreement, certificates evidencing the maintenance of said insurance. The certificates shall provide that thirty (30) days' written notice shall be given to OWNER before the insurance policies noted herein are changed or canceled. Insurance certificates shall be attached to this Agreement as Exhibit D. ARTICLE 9 - TERMINATION OF AGREEMENT 9.1 Termination by OWNER for Cause. If the CONSTRUCTION MANAGER persistently fails or neglects to carry out the Work in accordance with this Agreement, the OWNER may give written notice that the OWNER intends to terminate this Agreement. If the CONSTRUCTION MANAGER fails to correct or to take steps to correct the defaults, failure to neglect cited by the OWNER in such notice within seven (7) days after being given such notice, the OWNER may then give a second written notice and, after an additional seven (7) days if the CONSTRUCTION MANAGER fails to correct or to take steps to correct as aforesaid, the OWNER may make good such deficiencies and may deduct the cost thereof from payments due the CONSTRUCTION MANAGER and, at the OWNER's option, may terminate the employment of the CONSTRUCTION MANAGER, take possession of the site and finish the Work by whatever method the OWNER may deem expedient. 9.2 Termination by OWNER Without Cause. In addition to termination under Article 9.1, OWNER may terminate this Agreement without cause upon thirty (30) days written notice to CONSTRUCTION MANAGER. Upon such termination, OWNER shall reimburse the CONSTRUCTION MANAGER for any unpaid portions of the Contract Price due it under Article 7 for the Work to date of termination. In addition, OWNER shall also pay to the CONSTRUCTION MANAGER fair compensation, either by purchase or rental at the election of the OWNER, for any equipment retained. In case of such termination of this Agreement, the OWNER shall further assume and become liable for obligations, commitments and unsettled claims that the CONSTRUCTION MANAGER has previously undertaken or incurred in good faith in connection with said 11 Work, actual cancellation penalties for outstanding contracts and undelivered materials or equipment on orders, and any demobilization costs, plus 10% of such costs as additional CONSTRUCTION MANAGER's fee. The CONSTRUCTION MANAGER shall, as a condition of receiving the payments referred to in this Article, execute and deliver all such papers and take all such steps, including the legal assignment of its contractual rights, as the OWNER may require for the purpose fully vesting in the OWNER the rights and benefits of the CONSTRUCTION MANAGER under such obligations or commitments. 9.2.1 Permanent Abandonment. In the even of permanent abandonment of the Project, the OWNER may terminate this Agreement upon thirty (30) days' prior written notice to the CONSTRUCTION MANAGER. In such event, the OWNER shall pay CONSTRUCTION MANAGER for all amounts owed under Article 7 for work performed or labor, materials or equipment furnished, and for any proven loss or damages sustained by CONSTRUCTION MANAGER including but not limited to loss upon materials, equipment, tools and construction equipment and machinery. 9.2.2 Termination by CONSTRUCTION MANAGER. Except as provided in Article 7.1.4, if the OWNER fails to make payment when due, in addition to any other remedies in this Agreement or provided by law, CONSTRUCTION MANAGER may give written notice of its intent to terminate this Agreement for non-payment when due, in addition to any other remedies in this Agreement or provided by law, CONSTRUCTION MANAGER may give written notice of its intent to terminate this Agreement for non-payment. If the CONSTRUCTION MANAGER may give written notice of its intent to terminate this Agreement for non-payment. If the CONSTRUCTION MANAGER fails to receive full payment of amounts due within thirty (30) days after such notice to the OWNER, then CONSTRUCTION MANAGER may give a second notice that this Agreement will terminate in seven (7) days. If the CONSTRUCTION MANAGER does not receive payments in full for all amounts due prior to the expiration of such seven (7) day period, the CONSTRUCTION MANAGER may terminate the Agreement. ARTICLE 10 - DISPUTE RESOLUTION 10.1 Mediation. The OWNER and the CONSTRUCTION MANAGER agree that they shall first submit any and all disputes and other matters in question between them arising out of or relating to this Agreement or the breach thereof to mediation in Boynton Beach, Florida, prior to either of them initiating against the other a judicial proceeding. Participation in such mediation shall be a condition precedent to judicial action unless mediation is waived in a writing executed by both parties. 10.2 Claims and Disputes. Claims and disputes and other matters in question between the parties to this Agreement which are not resolved by mediation or with respect to which mediation is waived by both parties, which arise out of or relate to the 12 Agreement or the breach thereof shall be decided by judicial proceeding in Circuit Court, Palm Beach County, Florida. 10.3 Continuing Obligations. Unless otherwise agreed in writing, CONSTRUCTION MANAGER shall carryon the Work and maintain its progress during any mediation or judicial proceedings, and the OWNER shall continuè to make payments for work performed, to the CONSTRUCTION MANAGER in accordance with the Contract Documents. lOA Survival of Provisions. This Article 10 shall survive the performance or termination of this Agreement. ARTICLE II-MISCELLANEOUS 11.1 Successors and Assigns. This Agreement shall be binding on the successors, assigns, and legal representatives of the OWNER or CONSTRUCTION MANAGER. Neither party shall assign, sublet or transfer an interest in the Agreement without the written consent of the other. 11.2 Use of Documents. The drawings, specifications and other documents furnished by the CONSTRUCTION MANAGER are instruments of service and, except by written agreement executed by the CONSTRUCTION MANAGER relating to use, liability and compensation therefore, shall not be used by the OWNER on other projects, for additions to this Project or for completion of this Project by others unless the CONSTRUCTION MANAGER is terminated for cause under this Agreement. 11.3 Copyrights. Submission or distribution of documents to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the CONSTRUCTION MANAGER's common law copyrights or other reserved rights. 11.4 Governing Law. This Agreement shall be governed by the laws of the State of Florida. 11.5 Notices. Except as written elsewhere in this Agreement, all written communications to OWNER and CONSTRUCTION MANAGER shall be sent with distribution to the recipient as set out below. OWNER CONSTRUCTION MANAGER CITY OF BOYNTON BEACH ROGINA, INC. 100 E. Boynton Beach Boulevard 6117 Carla Circle Boynton Beach, FL 33435 Lakeland, FL 33811-1964 Attn: City Manager Attn: Robert L. Scarry, Ph.D. 13 11.6 Attorney Fees. In the event of a legal action arising out of this Agreement, each party shall bear its own costs and attorney fees. 11.7 Partial Invalidity. The invalidity of any part or portion of this Agreement shall not affect or impair in any way the validity, enforceability, or effect of the remaining provisions hereof. In the vent any provision herein is found to be invalid, then such provision shall be deemed to be deleted and all other provisions of the Agreement will remain in full force and effect. 11.8 Entire Agreement. The documents which comprise the entire Agreement between· OWNER and CONSTRUCTION MANAGER concerning the Work ("Contract Documents") consist of the following: 1. This Agreement document (pages 1 to 15, inclusive) 2. Exhibits: A. Scope of Services and costs B. Project Schedule C. Insurance Certificates There are no other documents other than those listed in this section which are a part of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. Witnesses: ~~~~ ~I Kurt Bressner, City Manager 6 0 f1j. :P J...-i ße.îT'j ~ L. 'SA'" G. i ATTEST: yY). p~ ROGINA, INC., a Florida corporation ~J~/ Print ~e: ~,¡t/";¡U" /.Sa.~t-{-f/,.Ò. Title: ~,bl!11tlT/~ f (CORPORATE SEAL) STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized bY~o admitst~oaths and take ~leÒgments, personally appeared· f 0 &-r+ C4 r< -l as ~.s, ;"k",-é. , of ROGINA, INC., a Florida corporation, an org ization authorized to do business in the State of Florida, and acknowledged executed the foregoing Agreement as the proper official of ROGINA, INC. for the use and purposes mentioned in it and affixed the official seal of the co nd that the instrument is the act and deed of that corporation. He/she IS personally kno to me or has produced as I IN WITNESS OF THE FOREGO~, I have set y ~ and Of~ial seal at in the State and County aforesaid on this q day 0 . 7 v S , 2004. ....-;¡.~.::...... PAMELA s. WEBS f..~:ij~ MY COMMISSION' DD 110148 ?-.\ iJ..i EXPIRES: August 1, 2006 'l,;r,¡¡f"~:""<' iIonded Thru N01ary PubliC l1<*fWrtIenI My Commission Expires: 07/0//200' MIP:cle 7.12.2004 \\JGCDE_FS\LIBRARY\1990\900182.BB\AGMl\Construction Manager Agreement - Dr.Scarry.doc 15 EXHIBIT A Ai Rogina, Inc., 6117 Calta Circle, lake land, Florida 338111964 Proposal for IEO Evaluation Submitted to: Chuck Magazine I Date I Project No. ¡ FIN , City of Boynton Beach Risk Management Dept. 8 July 2004 04-070801, 59-3157426 I 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Project Location: City of Boynton Beach Project Description: Environmental Stabilization Of Mangrove High School Project Address: 125 East Ocean Avenue City I State I ZIP Boynton Beach, Florida Contact I Telephone Chuck Magazine I 561-742- 6042 Phone No. FAX NO. Contact Person Terms 561-742-6042 561-742-6041 Chuck Magazine Due upon receipt of invoice I I Scope: Provide efforts to establish a stabilized indoor environment quality at all locations within the Mangrove High School. Efforts shall include removal of all sou4rces of contamination that require special protective equipment to personnel working on the restoration of the historical site. Of particular importance is the removal of pigeon feces, visible microbial contamination, and tree or fiiable asbestos-containing materials.. Sufficient samples will be collected and evaluated to detennine status offacility's indoor environment quality and justify a clearance notice. Providing an "Acceptable Environment" certificate shall constitute completion of the project. Rogina, Inc., as Construction Manager, will provide personnel and equipment to complete the effort to the satisfaction of the City of Boynton Beach Administration. Rogina, Inc., will select sub-contractor(s) with remediation personnel who have demonstrated appropriate experience in Indoor Environment Quality recovery to complete the removal of contamination. Appropriate supervision and documentation will remain the responsibility of Rogina, Inc. Environmental Stabilization: An accompanying document produced with Microsoft Project outlines the various phases and efforts required to complete the Environmental Stabilization. Actual dates cannot be included as Project Acceptance must be provided by The City of Boynton Beach. Once clearance has been given a minimum of ten (10) days is required for Florida paperwork related to asbestos removal. During that period, equipment relocation is possible. It is anticipated that three (3) calendar weeks will be required to complete the Project. A work week shall include six (6) days, i.e., Monday through Saturday, and will include sixty (60) hours, i.e., 08:00 through 19:00. Accompanying documents represent actual documents provided by selected sub-contractors. Lang Environmental, familiar to City of Boynton Beach as responsible for an Indoor Environment Quality effort throughout the City Hall Complex, provided two options, 1.) Environmental Cleanup without removal of Asbestos-containing materials, (78,820.50)2.); Combined Environmental Cleanup with removal of Asbestos-containing materials ($111,526.50). City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425 © Copyright Rogina, Inc., 2004 Confidential Page 1 7/8/2004 A2 . . Rogina, Inc., 6111 Cada Circle, lakeland, Florida 338111964 The Flood Masters, familiar to Rogina, Inc., for several containment efforts, will provide and maintain environmental supporting and containment equipment for $45,101.75. Rogina, Inc., will provide continuous supervision, oversight and Project Management for $16,380.00. PROPOSAL: Rogina, Inc., proposes to provide all labor and materials to complete the above listed project, including removal of all pigeon feces, visible microbial contamination, and asbestos-containing floor covering, for a sum not to exceed $175,000.00. We appreciate the opportunity The City of Boy Beach has provided. I ð?~~¿J1 Authorized Rogina, Inc. Signature ~ Date ACCEPTANCE: The above prices, specifications, conditions and schedules are satisfactory and are hereby accepted. You are authorized to do the work as specified. P ent will be made according to the above terms. Authorized City of Boynton Beach Signature Date ~ 2-00'! Attachments: Microsoft Project Document outlining Environmental Stabilization Project Proposals submitted by Lang Environmental, Inc., (Breakout and Description) Proposal submitted by The Flood Master, Inc. City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425 © Copyright Rogina, Inc., 2004 Confidential Page 2 7/8/2004 -. . . .-- - , A3 · 202 Lake Miriam Drive~ Suite W-3 · · Lakeland., Florida 33813 · · Ph (866) 776-4462 Fax (863) 641-0981 · · www.rogina-inc.com · · .lIB~X1JI. From The desk of John Sçany *CBB Notes On waste management: ," ,- :.;~ :..,~..... ~~ . .. . . ,. )I> _;:~.,to Mr. Maguine the City will provide dwnpsters for normal waste '.' ,> :;·.Scji;OJ;'..~.tb Lang Environmental Said 10 days is needed to register with State '. ::.. ~..:~.:,., 'With Asbestos abatement . eots. ., '.' H" ..,.. ~ ,. proJ . . 'i:)iiò:':·11ïëi.:I., "~;:WÜl be ftiablc due to its age. . .', >;'·:j;~.::_f~tt (561-687-1100) with Land fill did coDfirm the land fill was a cJøs 1 .·:tm and could ácœpt asbestQs with proper paper work. He was to 1Bx that info to _~- Also According to Doug we must register with the Palm ~h County /'. ";,tt"- dept. At (561-355-3070). F~·~~ Rogina, Inc. r~:0-:'7~:'--'''''''~-'''- . ;..J..." ~'$ .~.~..~ .;::þ~~.~~~. 'iI~7t~~.~ _'þ .~ II, 11;'11-" . . - I :;. '\~" ";¡' ....r:;-:r:...J:<..¡l~~..,('~.. ~·.t~' h",'!.t!..~'i.i'<,...,~:[I..;J t~~~~~~}t~(.~..~~ ~ ,L. ,~ ,-'., '~ f:' :'.:.~:7~<~~~~~:~~~~;~}-:'~;~~\i;\~~~:1~~~),¡·~~;~;~~,~}.~~,~~~~~~.{~,~.~;'è~,~~,~ 1),_., J .~, It_, .~··}·''I!'::{'''·~\~~''~'''~'''~''~I':'''':t~~~~ Þ-!'~'I!'J.'''''''''·'~'~1~'1~*~J," . . . . . . . . . . . . . . . . . .. . . . . . , ' "", '~~~~:""~ .' :.. ... '.:': ~< .~. ",. ~" ',' ,. .,' '~'..r CII)I tJf""',. IIMC/t . ~'.. .". '."./~ . :I.~..,..,-,. "1'·'·V"':"~"~~";f.¡·r'i':'T¡~.:t' .l~rl',,~.. t;t,Jit·, '. '., .' . "'. f·....~, ,.,,:' .;. M ,:,....'. ~~"~' ':;', :. . .~ ':~' ..~~~:.;:!';" .~:',' ; (~:;~'i¡;~ ~~:~:",r./.~"", MJ., ~\'ílry;~·1~1>..~f·: A4 Lang Environmental, Inc. Dr. Robert Scarry Project: City of Boynton Beach Rogina, Inc. Old Mangrove High School P.O. Box 5888 Bid No.: Lake/and, FL 33807 Date: June 14, 2004 :"nv!rQnmentaJ Dear Dr. Scarry: ?emediation A,:bestos Hemova! As a follow up to our recent site visit, we are pleased to provide the following Lead Pain, Abatement proposal for cleanup of the interior areas of the Old Mangrove High School, located in Boynton Beach, Florida. This proposal is based upon the site visit, !ndoo' Environmentai and as more specifically outlined in this proposal letter. QuaHty Mo!dtMi!dewiF ungus WORK INCLUDED Env!ronmenta! 1 ~ Post warning signs and barrier tape around the perimeter of the work area to Demolition notify all personnel in the area that construction work is taking place. These HAZMAT Clean up will be placed discreetly within the construction area but outside the work area to avoid undue concern. Any asbestos signage required will be placed :eneral within the building. ontracting 2- Set up scaffolding, as necessary, to access removal areas. -Iea!th Care ~ons:ructíon 3- Install a complete decontamination unit, consisting of a clean room, shower, :::zywì18fcia! and an equipment room. Install sufficient negative air filtration machines, to :=;onstnJction change out the air in the work area every fifteen minutes, and vent the rf;'- n~~nt BI...!ild-()uts exhaust outside. It is understood that Flood Masters will be responsible for installation and maintenance of the negative air machines. 4- Install a containment system, consisting of critical barriers, to seal all penetrations into the work area. ampa 18 Badger Drive. 5- Remove and dispose of accordingly, from the following areas, approximately: 1I¡Ja. Florida 33610-2004 31 622-8311 «(813) 623-6012 G mnasium - ~cksonvi1le 15 Floor rid/insulation 8 Bert Road, Suite 6 2n Floor - rid/insulation \sonville, Florida 32211 1172f>.9170 6- Remove and dispose as ACM, from the following areas, approximately: (904) 726-9168 :u1 Campbell 15 Floor - 14,000 SF of car et and VAT I. Box 83 2" Floor 9,200 SF of car et and VAT Campbell. KY 42223 - }431-4771 (931)431-4772 7 - Following removal of contaminated materials from the areas, the walls and floors will be HEPA vacuumed, and/or wet wiped to remove any remaining contamination. vVW CC AS Old Mangrove High School February 28, 2003 8- All materials removed will be placed in an onsite dumpster, prior to disposal at an approved landfill. WORK BY OTHERS 1- Following removal of ACM from the work area, the owner's independent testing laboratory will perform final clearance testing, with acceptable levels being less then or equal to 0.01fibers/cc, as measured by PCM (Phase Contrast Microscopy). 2- Provide water and electric service, for use during removal operations. 3- Security of the area during non-working hours. 4- Any repair or replacement work, except as noted above. SAFETY AND QUALITY CONTROL PROGRAM 1. Lang Environmental has an active safety program with a dedicated safety manager who will monitor the project and conduct weekly safety meetings, as appropriate. 2. Lang Environmental has instituted a "Drug Free Work Place" Program, in accordance with State of Florida requirements. 3. All personnel working on this project will have pre-employment physicals, and have the medical examinations available for your review, in accordance with OSHA requirements. 4. The supervisor for this project will have completed the one-week "Asbestos Abatement Project Management and Supervision" course offered by the University of Florida in Gainesville. The supervisor for this project will have completed the three day "Certified Mold Remediator Class", offered by the Indoor Air Quality Association. 5. All personnel working on this project will have completed a training program covering the key aspects of indoor air quality work and asbestos abatement. 6. All personnel shall complete a respirator training program as part of their overall training. AU personnel shall wear disposable protective coveralls for removal and disposal operations, and shall wear the appropriate respirator for removal. 7. All personnel will complete a certificate of worker's release form, outlining his understanding of the risks associated with mold cleaning and asbestos abatement. INSURANCE Lang Engineering has a basic $1 million Occurrence policy for special liability insurance and also a $1 million policy for general liability, automobile and workers compensation. The owner will be named as an additional insured. A6 LICENSING Lang Environmental Inc. has met all of the requirements for licensing as an Asbestos Contractor (CJ C046268) and Class "A" General Contractor (CG CA23888) in Florida. Lang also holds a Mechanical Contractor License (CM C056805) and State of Florida Business License (ZA 0000023). DOCUMENTATION Lang Environmental Inc. will assure that the owner receives all required documentation for each project. The documentation may consist of EPA notification, insurance certificates, landfill receipts, daily logs, air monitoring results, etc. PRICE AND SCHEDULE Following your notice to proceed, Lang Environmental Inc. is prepared to begin this project at a mutually agreeable time, tentatively on July 6, 2004, and complete all work activities with a two week period. If the asbestos work is added to this project, then an additional week will need to be added to the schedule. Preparation work, removal, cleanup, and disposal, as detailed above can be completed for the "not-to-exceed" price of $78,820.50, for the IAQ cleanup, as detailed on the attached pricing sheets, with monies based upon the invoicing terms listed below. If the owner elects to have the asbestos work performed at the same time, then the combined "not-to- exceed" price will be $111,526.50. INVOICING & TERMS One invoice will be submitted upon completion ofproject with payment terms being Net 30 from date of invoice. Let me know if you need any additional information concerning our proposal. Sincerely, Accepted By: Ø;Kìtt ~ Signature Scott T. Lang Printed Name Project Manager STUts Title Date: Copy of cobb-mhs1-rs.XLS 7/8/2004 5:27 PM LANG ENVIRONMENTAL, INC. A7 Old Mangrove High School Environmental Cleanup(no ACM) ..... ···Y;¡...'t ;T ....... "E' ·XTE· ·N···D· ·E· D· . \{~~~~?~.VJ~:_ :::(:>«: >-~ :.:/. :.:.-:.., )(.: :.: .:-:.. .'< :--: .::-. <: ..". -......--.-.. -----... - - -"--........_----. . .__._ ..n.__. ______.. .__ _._ __ ._.....__..__. ...--..... -..-. ------.-.. ....... - -. - . ...... ",p' "R"I'C' ·E····· ·············T· ·0' ·m·· A"t" ._." . ___. ... __ "__d' _ .. .... - . .. .. ... -.-. - ._----.. . - ._----. ....-- ... ._--. -.. ..'. -- --.... -- . ..' . .... ._-.-_. ------- - ... - - --- . ::::::::.:::..:::::..;--.:..:..-:...:.-:>:::::-:-:--. ...-:.::--:-::---.:..-:..:.:-::::->...:....:><:.::. 1200 HRS $25.50 $30,600.00 400 HRS $34.45 $13,780.00 180 HRS $29.00 $5,220.00 20 HRS $38.60 $772.00 180 HRS $39.60 $7,128.00 20 HRS $51.20 $1,024.00 SUBTOTAL $58,524.00 I.:JNIT.' . ExtENbEb .-.---.-- ---. .. ---.. - . .-- .. .___. __ n. .. _. __ _ __. PF{ICI$ '.." ···1'O-rAl.. EA DA $50.00 $0.00 8 EA 10 DA $35.00 $2,800.00 EA DA $50.00 $0.00 EA DA $150.00 $0.00 EA DA $110.00 $0.00 1 EA 10 DA $60.00 $600.00 2 EA 10 DA $25.00 $500.00 EA DA $60.00 $0.00 EA DA $15.00 $0.00 EA DA $25.00 $0.00 EA DA $110.00 $0.00 EA DA $50.00 $0.00 2 EA 10 DA $95.00 $1,900.00 2 EA 10 DA $65.00 $1,300.00 1 EA 10 DA $85.00 $850.00 TOTAL EQUIPMENT $7,950.00 IJN1T> .·sxmSNDEDd ...._---.....-.-..._-- "-.. - -......._-.. ....--.. ..-... -. . ...---.......-.....-... ---. . -. ......-.-.- .,---.. --. . - . . ..... ............._ __d_. __ ._. .____._.."___._ .___.. _. V...·.peios·......·.··. ·········..·...····.··'têTAt·.....·....·....·····. .... .-...-.......-... ..-.....-.. ........ Roll $64.50 $967.50 Roll $45.75 $0.00 20 Roll $27.50 $550.00 Roll $27.50 $0.00 Ea $6.30 $0.00 240 Ea $3.60 $864.00 550 Ea $3.40 $1,870.00 Ea $4.75 $0.00 30 Case $58.00 $1,740.00 Gal $15.75 $0.00 Gal $13.75 $0.00 Gal $18.75 $0.00 450 Ea $3.25 $1,462.50 Ea $12.60 $0.00 Ea $19.60 $0.00 Ea $3.25 $0.00 Ea $186.56 $0.00 Ea $5.75 $0.00 30 Ea $9.75 $292.50 [Page] 1 Copy of cobb-mhs1-rs.XLS 7/8/2004 5:27 PM A8 LANG ENVIRONMENTAL, INC. Old Mangrove High School Environmental Cleanup(no ACM) TOTAL MATERIAL $7,746.50 I ·····..·..MI$P$Ç4A~U;ØU$.{ª~t4âJ¢&$t¥1$% .··...?....·PUANIIOC'Y·.>.·· .... .·/···.ØNfn ) )/>asIPs> ACM Disposal fee L T $1.200.00 $0.00 Non-ACM Disposal fee 2 LOT $1.000.00 $2.000.00 Personnel Testinç¡ EA $10.00 $0.00 Final Air Testing EA $0.00 Bulk Samples EA $0.00 CP-10 GAL $0.00 Scaffoldinç¡ rental 1 L T $2,000.00 $2.000.00 JLG High Lift L T $0.00 SUBTOTAL $4,000.00 15% $600.00 TOTAL $4,600.00 GRAND TOTAL $78,820.50 [Page] 2 JUN-23-2004 08:37 PM P.ol ,111111_ . \UIIIIIIIIIUL A9 au g 8 8 8 a8:e 8 I ~ ø ~ s ~r¡' ~ S ~ C"'í ¡; ,... ~~~ C\I t1 .. ..! .. ....: : § I t~! ~ ~ I ~! il f ~ I ~ ~ ~ . ~ 1 .I .t~.t if i i _ I=:i t: I- _a8 I~a 8 u 1 i d 1 s¿ ~ ;! G ~ J Ie; ! ~ ~ .e 4i tij ¡;:: In tii .. ... .. - ¡ø. .. ... 1i ~~ I J CI\~ II ") ! ~ II &!J I 1J1il =~ ! i 211 J 181 ~~ i t l~aB ~ .,r~f··': ~~ t! Ii ~f 11 i.' .. !~.þ Iii, ..I 1} ~ _ I ~ t JJ I 101 'I 0.1 S ~ I :n liB! 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I' .~ ~ en I~ ~ II c»'~ I '~~ If ,~ I ~ ~ ë .t: 010Cl Cc»:::'O. OCI Cc»:::'O c<tll C co ¡ 1-(/)0.. ~, I ~ - '.~ ::::> .5: ~ .9. - .~ ::::> .s: q¡ .9. :¡:; .~ .~ ::::> .g¡ ~~.9. I "t:J <tI<t:C=~u. <tI<t:c=t:"u. _0 <tI..... CW u. - : , coo QI <tI :::: 0 0 QI <tI :::: """ 0 ...... 8 C .2' :::: , - .- c» 0 - .- c» 0 - <tI .- C» .- .2' <tI 1: , Q) ,Q) 0 0 <tI C 'E Q) Q) 0 '0 <tI. C 0 11: I Q) Q) E a.. ñi c en :I: g.' 0 Z Q ~ ~ ~ _ ~ 0 Z Q ~ ~ ~ _ ~ E (/) 0 .Z Q ,¡g ~ ~ _ ~ ;:: Q) - .- - 0 0 c ~ ~ ~ 0 0 ~ - - - - c ~ Q) ~ I' 0 -g =rn<tl ¡'=en<tl I=en<tl E E' ~ g, æ 00 =rn'" ~ ~ 'E , E . ~ I g, ,'* "~ ~ II~ ~ ~ ,81 ~ ~ g, '* :¡,¡ ~ 1'00 QlQ)_<tIQ) - enrnQ)Q)-"'<tIQ) tarn rnrnrnQ)Q)-"''''IQ) ~ C» ~ I'~ ,E E E OC OC 0 OCI ~ ~ E c E OC OC 0 OCI I- ~ E .E E E Q OC 0 lOCI I- ~ ~.... I' . 1"0 ' E I 0 ta In ~ >- en ::i, ..... I: I, N " . õ ~ Ii· I I I I I I i I ¡.[ I i I I III ! I I· i ~'<t ~ mlm ' II 111.1; II '1111 II II 'II II II ,mlllm OJ II OJ II .~~ "ri~ ~ N M ~ ~ ~ ~ ro m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ æ g ~ ~ ~ ~ ·~2 ~<tI o..Q ~- IJ.. l- s: I- ~ (/) (/) u.. I- Š I- :!: . C"- (/) Q) <:: (/) <J) .s .>è <J) <J) ~ IJ... m ~ I- m m Q) I- .5: <:: <:: ~ ~ ~ ~ x Q) w w 0 - :;E f) f) 1- - -- - > . > - ~ N m E Q) ;; E C> - m Q) ~ ::3 0.. , <:: m (/) 0 E Ü t!; ¡¡; E Q) ~ "[ ~ ~ ::3 ('oj (/) 0.. ¡:::: ro (f) ('. <J) >. m "t:J ('oj <J) <J) 2! .>è - C» <J) õ. e ~ (/) 0.. Q) <J) ~ ;:: :.ë Q) 0 "3 E "t:J Q) Q) 0 .s: u <J) Ü Q) 'õ' a. ~ 5¡t!; mJ §Õ) 'Ë~ i:5ù: Q) .. to ·(5'2 C') ~ m 0..0 EXHIBIT C CURRICULUM VITAE Robert L. Scarry, MS, Ph.D., HClD(ABB), RPIH, CIAQP, CIAQC 6117 Carla Circle lakeland, Fl 33811 (863) 646-2920 email: r _ scarry@msn.com DATE OF BIRTH: February 4, 1938 PLACE OF BIRTH: Salinesville, Ohio, U.S.A. MARITAL STATUS: Married 1/ EDUCATION DEGREE DATE COLLEGE ADDRESS B.A. 1965 North Central College Naperville,IL M.S. 1970 Kansas State College Pittsburg, KA Ph.D. 1974 University of Missouri Columbia, MO Fellowship 1974 University of Kentucky Lexington, KY CERTIFICATIONS: ! American Board of Bioanalysis- High Complexity Clinical Laboratory Director (D4975) ! Board Certification Eligible (AAM) ! CDC Certified Laboratory Director- 1976 ! Florida Health & Rehabilitative Services- Laboratory Director (DI-0026036) ! National Certification Agency for Medical Laboratory Personnel, Inc.- CLDIR (348-32- 8564) ! New York Health Department- Laboratory Director (SCARR1) ! Tennessee Department of Public Health- Medical Laboratory Director (7609) ! Assoc. of Prof. Ind. Hyg. - Registered Professional Industrial Hygienist (06400999) ! Association of Energy Engineers- Certified Indoor Air Quality Professional (CIAQP) ! American Indoor Air Quality Council- Certified Indoor Air Quality Consultant (CIAQC) ! Florida Dept. Insurance - Certified Insurance Instructor- (1226883) HONORS: ! J. Jack Steare Award 1956-1959 ! National Honor Society 1956 ! National Science Foundation Fellowship 1967-1969 ! Kentucky Colonel 1979 ! Tennessee Colonel 1983 Scarry: Curriculum vitae 1 PROFESSIONAL SOCIETIES AND AFFILIATIONS: ! American Association for the Advancement of Science ! American Association of Bioanalysts ! American Board of Bioanalysis (High Complexity Clinical Laboratory Director) ! American IAQ Council ! American Industrial Hygiene AsSJciation ! American Society for Medical Technology ! American Society for Microbiology ! American Society of Heating, Refrigerating, and Aip-conditioning Engineers ! Association of Energy Engineers ! Association of Professional Industrial Hygienists ! Beta Beta Beta ! Clinical Laboratory Management Association (President 19841985) ! Florida Society for Medical Technology ! International Society for Human and Animal Mycology ! Medical Mycological Society of the Americas ! National Indoor Environmental ProfŒsional Association (President & Chairman of Board) ! New York Academy of Science ! South Central Association for Clinical Microbiologists ! Tennessee Society for Clinical Microbiology (President 198~H983) II RESEARCH AND PROFESSIONAL EXPERIENCE DATE POSITION INSTITUTION ADDRESS August, 1992 to President / Chief Rogina, Inc. 6117 Carla Circle Present Executive Officer Lakeland, FL 33811 June, 1993 to July Vice President, Pure Air Control 407 Elizabeth Avenue 1998 Diagnostics. Services, Inc. Clearwater, FL Laboratory 34619 Director January, 1986 to Medical and Watson Clinic 1600 Lakeland Hills February, 1993 Administrative Boulevard, Lakeland, Laboratory FL 33804-5000 Director October, 1980 to Director, International 5 Park Plaza, January, 1986 Microbiology and Clinical Nashville, TN 37203 Immunology Laboratories January, 1980 to Vice-President & Immuno- P. O. Box 1151, October, 1980 Director, Research Mycologies, Inc. Norman, OK 73070 and Development November, 1974 to Chief Pathology & 2370 Nicholasville January, 1980 Microbiologist Cytology Road, Lexington, KY Laboratories 40503 March, 1974 to Fellow in University of Lexington, KY November, 1974 Community Kentucky Medicine September, 1970 to Doctoral Student University of Columbia, MO March, 1974 and Research Missouri, Dept. of Assistant Veterinary Medicine June, 1970 to Instructor Kansas State Pittsburg, KA August, 1970. College Scarry: Curriculum vitae 2 II RESEARCH AND PROFESSIONAL EXPERIENCE DATE POSITION INSTITUTION ADDRESS 1969-1970 Graduate Student Kansas State Pittsburg, KA and Teaching College Pitts burg, KA Assistant Stockade Feed Quality Control Company Chemist RESEARCH INTEREST: Clinical and Environmental Microbiology and Immunology PUBLICATIONS: ! Scarry, RL., 1970, Ascostroma Formation inLeptosphaerulina briosiana., M.S. Thesis, Pittsburgh, Kansas ! Scarry, R L. & Bishop, D.S. 1970, Ascocarp Development inLeptosphaerulina briosiana Abst. Kansas Academy of Science ! Scarry, R L., 1974, Characterization of Subunits Isolated from the Histoplasmin Component HPDd, Ph.D. Dissertation, University of Missouri Press, Columbia, MO ! Sprouse, RF. & Scarry, RL., 1973, The Amino Acid Composition of Histoplasmin purified derivative Bacterol Proc., 73:131 ! Scarry, R L., 1981, Rubella Testing in the Clinical Laboratory, Laboratory Man~ement ! Jones, S.M. & Scarry, R L., 1982, Alkaline Phosphatase Characterization, J. Medical Tech. ! Scarry, R L., 1980. Culture Kits: Utility/Reliability Proc. Eleventh Family Medical Review, Lexington, KY ! Scarry, RL., 1982, Herpes Virus- Topics in Microbiology, Tennessee Laboratory Digest V(3):3 ! Pribor, Hugo C. And Robert L. Scarry. 1984. A Microbiology Computer System. Laboratory Medicine 22(10) 40-47. ! Scarry, R L., Green, Wayne F., Fabisinski, III Leo L. and Pribor, Hugo C., 1983, Arti&ial Intelligence in Laboratory Medicine. IV: The Immunocompetence Profile, Laboratory Management 21 (12):27-29 ! Scarry, R.L., Green, Wayne F., Fabisinski, III Leo L. and Pribor, Hugo C., 1984, Artificial Intelligence in Laboratory Medicine, V; The Immmocompetence Profile in Hyperimmune Disease, Laboratory Management 22(6): 15-17 ! Scarry, R L. & Edmiston, Charles, 1985, In Vitro Synergistic Activity of Imipenem Combined with Piperacillin and Ceffimizole AgainstBacteroides jragilis Group. Abstract NìM Annual Meeting, Las Vegas ! Scarry, R L., 1984, Antinuclear Antibodies: An Update. Laboratory Management 22(12):1517 ! Edmiston, Charles E. Jr., Candace J. Krepel, Robert Scarry, Michael P. Goheen, and Hidefumi Matsui. 1988. In Vitro Activity ofYM-13115, A New Cephalosporin, Compared with Other Beta-Lactams Against Pseudomonas Aeruginosa. Current Therapeutic Research 43(4) 657-662. Scarry: Curriculum vitae 3 · Scarry, Robert 1. 1993. Defining a Sick Building. Abstr. Florida Education Risk Management Association (FERMA) SummEr Conference, Longboat Key, FL ! Scarry, Robert 1. 1993. Sick Building Syndrome-A Worker=s Compensation Approach. Abstr. Florida Education Risk Management Association (FERMA) Summer Conference, Longboat Key, FL ! Scarry, Robert 1. 1993. What is your IaQ? Abstr. Annual Meeting of Facility managers of Private Colleges. St. Leo College, Florida. ! Scarry, Robert 1. 1993. IAQ and T.B. Abstr. Florida Hospital Engineering Association, 31st Annual Conference. Orlando, Florida. ! Scarry, Robert 1. 1993. Indoor Ai' Contaminants. The IAQ Insider: 1(2) 1. ! Scarry, Robert 1. 1994. Bioaerosols. The IAQ Insider: 1(3) 24. ! Nuechterlein, Michael, F., Thomas F. Icard, Robert W. Myers and Robert 1. Scarry. 1994. Sick Building Syndrome- A Primer for Owners, Contractors, Deagners and Attorneys. The Ninth Annual, The Construction Superconference, Abstr. San Francisco, California. ! Scarry, Robert 1. 1995. A Comprehensive Approach to Indoor Air Quality Problems. Abstr. American Institute of Plant Engineers 4th Annual Conferenæ. Tampa, Florida. ! Scarry, Robert 1. 1995. Bioaerosols: DOl1=t Count on Your Cultures; Consider Their Quality. Indoor Air Quality. Healthy Building >95 Conference Abstr., Chicago, Illinois. ! Scarry, Robert 1. 1995. Building Commissioning: A Vote of Confiœnce. Clearwater, Florida. ! Scarry, Robert 1. 1997. Building Pollutants In The Hot & Humid Climates. Abstr. Hot & Humid Indoor Environments >97 Conference. Tampa, Florida. ! Scarry, Robert 1. 1997. Bioaerosols and Other Microbial Evaluations. AbstrHot & Humid Indoor Environments 2nd Annual Conference. Houston, Texas ! Scarry, Robert 1. 1997. Microbiology. Abstr. Florida Environmental Health Association, Inc. 50th Annual Education Conference. Clearwater, Florida. ! Scarry, Robert 1. 1998. BioaerosoB and Other Microbial Evaluations. Abstr. Hot & Humid Indoor Environments 2nd Annual Conference. Tampa, Florida. ! Scarry, Robert 1. 1998. Microbial Sampling and Remediation: Case Studies. Abstr. Indoor Environment ::>98. Washington, D.C. ! Scarry, Robert 1., 1999. The Clinical Importance ofStachybotrys chartarum (atraJand Other Selected Fungi in Environmental Settings. Proceedings of 1999 Practical Indoor Environmental Quality (IEQ) Symposium. Florida Dept. of Labor Symposium. Sarasota, F1. ! Scarry, Robert 1., 2000. Phase I Assessments: The Building Walk Through.In EIA: 2000 Professional Development SeminarsFundamentals of Indoor Air Quality. Environmental Information Association 11h Annual Conference. Orlando, FL RESEARCH SUPPORT: t Structural Elucidation of a Histoplasmin Derivative. National Institute of Allergy and Infectious Disease. DHEW. $41,437. Research Asst. (USPH AI 961401 & 02). Scarry: Curriculum vitae 4 ! Normal Biologic Profiles for Miniature Swine. National Institute of Health, DHEW. $119,843 (1 year). Research Assistant. (USPHS 2 R01 RROO39(04). ! Structural Elucidation of Histoplasmin HPDdI and HPDdII. National Institute of Allergy and Infectious Disease, DHEW $86,279. Research Asst. ! Microbial Sequela in Periodontitis and Dental Canes. National Institute of Dental Health, DHEW. $142,297.50. Co-Investigator. EMPLOYMENT RELATED ACCOMPLISHMENTS INCLUDE: 1969 - 1970: ! Worked a 40 hour week at Stockade Feed Company. Responsibilities were primarily to guarantee through chemical analysis that label specifications met actual product content in veterinary (cattle, etc.) feed being produced. ! Simultaneously held a graduate teaching position 'with responsibility for complete laboratory portion of a first-year (Freshman Level) biology course. Responsibilities included laboratory set-up and instruction. ! Simultaneously obtained a Master of Science Degree in biology while raising 4 children. 1970 - 1974: ! Held a research position at the University of Missouri. Was responsible for eaching, assisting in Public Health Service (PHS) research, and completed a doctorate (Ph.D.) in Microbiology . ! During that period was active in community affairs as a coach and umpire for "'FBall" and Little League Baseball in Columbia Missouri. 1974: ! Completed a Post-Doctoral Fellowship in Community Medicine at the Albert Chandler Medical Center of the University of Kentucky in Lexinrc;on, Kentucky. Responsibilities included ~idemiology studies forHistoplasma capsu atumand Blastomyces dermatiti es, while maintaining statewide evaluations of registered (includes indigent and rural) patients with Tuberculosis and/or respiratory mycoses. ! Simultaneously sat on the Medical Review Panel for the State Respiratory Hospital (Bourbon County Hospital) in Paris, Kentucky. 1974 - 1980: ! Joined a pathology group with multiple hospital contracts in central and eastern Kentucky. Primary responsibilities were the development of in-house procedures for Microbiology and Immunology testing. ! Developed a reference laboratory for Mycobacteriology and Mycology. Developed fluorescent antibody studies. ! Was invited to CDC to represent mid- Kentucky for information and culture of Legionnaire's bacillus. ! Was responsible for upgrading laboratory facilities of lppalachian Regional Hospital (Black Lung Facility) and other eastern Kentucky hospitals under contract to pathology group. ! Developed research studies to evaluate drug efficacy in anaerobic infections utilizing Scarry: Curriculum vitae 5 anaerobic chamber (Coy) and pre-reduced anaerobic systems (PRAS). ! Provided continuing medical education for Rural and Remote facilities to assist V\1th maintenance of licensure. ! Was responsible for Infection Control Programs in multiple hospital settings. In most instances was required to initiate, design, establish and monitor the program as either a participant or Chairperson. 1980: ! Accepted the position of Director of Research and Development with a serology company (Immunomycologics, Inc.). ! Served as a member of the Board of Directorsand Vice-President of Research and Development at Immunomycologics, Inc. ! Was instrumental in development of several immunological kits still used in the serological evaluation of microbiological entities in human specimens. Development included production of antisera in animals. This research was among the first in monoclonal antibody work with BalbC mice. ! Assisted in development and publication of a trade newspaper for advertising and explaining serological test materials. 1980 - 1986: ! Was recruited to be director of Microbiology and Immunology for International Clinical Laboratories, Inc. at the national reference laboratory in Nashville, TN. ! Increased productivity within department of Microbiology from less than 900 tests per FTE per month to over 1200 \vithin a 3 year period. ! Increased profit level from a "service" department to a department operating at less than 50% overhead in Microbiology in 2 years. Made the department a $1 million area within 4 years and reduced non-personnel expenses, without a loss in quality, through automation and screening procedures. ! Developed an Immunology Department that was responsible for such diverse testing as HLA-B 27, Herpes Cultures, Electrophoresis of serum proteins, hemoglobin, CPK isoenzymes and LDH isoenzymes, quantitative analysis of clotting factors, and a full gamut of autoimmune disease assays using fluorescent antibody procedures. ! Developed assays to evaluate immunodeficiency testing that is still the hallmark of testing in clinical settings. ! Developed reporting protocols for electrophoresis that were later simulated by commercial and clinical personnel performing quantitative analysis of myeloma proteins in gammapathies. 1986 - 1993: ! Was recruited to serve as Laboratory Director Dr a private physician partnership of 85 physicians in a multi-specialty clinic, Watson Clinic, Lakeland, Florida. ! Increased instrumentation in Watson Clinic Laboratory, providing builtin backup of essential services. ! Designed coverage and testing JI'otocols for a satellite facility for Watson Clinic to house 23 physicians. Scarry: Curriculum vitae 6 ! Designed a new laboratory at the main Watson Clinic facility to replace original facilities. Due to the appearance and productivity of the new laboratory it has been the showcse for several vendors who seek to sell instruments and other products used by the laboratory. ! Introduced computerization at Watson Clinic Laboratory in 1987 with bafCode abilities in both Chemistry and Hematology. ! Obtained Medicare Certification fa- the laboratory with a deficiency-free inspection. Subsequent inspections (2) were also deficiency-free. ! Upgraded computer system to a LIS "vith full network to the clinieos mainframe for billing and patient demographics, inter-laboratory communications on a real-time basis with satellite operations, and remote reporting, including electronic inquiry, and printing abilities. Most instruments were interfaced for direct download of data and several were bi-directionally interfaced for up loading of patieIÍ requests. ! Developed a continuing education program accredited by Florida's Department of Health and Rehabilitative Services (RRS) to train technical personnel. Acquired licensure to provide continuing education for licensure renewal programs throughworkshops and seminars. ! Was program coordinator for Florida required AIDS education of all clinic personnel for 3 years. ! Was program coordinator for Federally required OSHA Training and Safety Programs. ! Served as Chairperson of Infection Control Còmmittee for the Clinic and was member of several other committees. ! Medical and Administrative Director of a Laboratory with 40 FTEs that performed 6,4 million procedures a year at an overhead of 37% and an annual net earnings of $10 million. ! Instrumental in converting physician-driven facility into a CLIA compliance facility with a single director and several small physician laboratory areas. 1992 TO 1998: ! Formed a Florida Corporation; Rogina, Inc. ! Served as President of Rogina, Inc., a consrlting organization developed to answer the questions posed by clinical laboratory administrators as related to computerization, instrumentation, personnel requirements, test selection, CLIA88 legislation, and OSHA requirements. ! Spoke at professional meetings including Renal Association of Florida and other laboratory organizations ! Provided consultation and yUidance into the development of an environmental assessment instrument capable of data ogging and information intérpretation for an upstart compa:¡r entering the environmental assessment industry. ! Joined an active indoor air quality (IAQ) organization, Pure Air Control Services, as Chief Environmental Scientist and Microbiologist. Within 8 months period at Pure Air Control Services, was designated as Vice-President of Diagnostics (one of 2 major divisions within organization). The position constituted one ofthree major management positions shared by CEO and another Vice-President (Operations). Scarry: Curriculum vitae 7 ! Organized and standardized diagnostic protocols,including reporting, for Indoor Air Quality evaluations. ! Co-founder (1995) and President (1995- 1998) of National Association of Indoor Environmental Professionals; a non-profit organization dedicated to standardization of the Indoor Environmental Parameters and to relative education directed toward understanding of those parameters. This organization was renamed National Indoor Environment Professionals Association in 1998. ! Spoke at several major organizational meetings including: - Florida Risk Management Association - Hospital Engineers Society - Washington D.C. Conference on IAQ - Portland Energy Commissioning Institute - National Coalition for Indoor Air Quality - Super Fund Construction Conference, San Francisco - Testimony Before OSHA, Re.: OSHA Proposed Indoor Air Quality Standard 1 1910.1033· - Premier Indoor Air Quality Symposia (3 years). Keynote Speaker 3rd Symposium. ! Directed IAQ diagnosis and environmental mitigation for several large facilities including: - Hospitals - Schools - Commercial Buildings - Businesses - Nursing Homes - Government Facilities - Correctional Institutions - Churches, Synagogues, and Temples - Museums ! Served on the American Industrial Hygiene Association (AlHA) committee for the development of a laboratory evaluation system to certify the quality of environmental laboratory microbiology. The committee (Environmental Microbiology Proficiency Assessment Testing, i.e., EM PAT) completed its task within two years and protocol was implemented in 1997. ! Served as an examination provider to the American Board of Bioanalysis (ABB). Responsible for writing and editing examination materials for certification of members. ! Served as an examination provider to the National Certification Agency for Medical Laboratory Personnel (NCA). Responsible for writing and editing examination materials for certification of members 1998 - PRESENT ! Expanded Corporate Charter of Rogina, Inc., to include Environmental as well as Clinical Health Issues and Consultation. Assumed actve role as President and CEO of Rogina, Inc. Developed Marketing and Business Protocol for Organization. Financial status of Corporation was beyondABreak even@ within first year of activity. ! Developed Continuing Education Program for Rogina, Inc. Flcrida Department of Health Licensed Rogina, Inc., as Education Provider JP000051O. Department of Professional Regulations, Construction Industry Licensing Board designated Rogina, Inc., Education Sponsorship No. 04P0490. Provider Identification was changd in 2000 to #0001092. ! Lectured at American Association of Bioanalysis 1999 Annual Meeting, San Diego, California. Indoor Air Quality and Health Related Issues. Scarry: Curriculum vitae 8 ! Guest Lecturer for Florida Risk Management Organization, Orlando, Florida. ! Guest lecturerfor Architectural and Design Engineering Organization, Orlando, Florida. ! Guest technical lecturer for American Society of Heating, Refrigerating, and Air conditioning Engineers, Orlando, Florida. ! Provided Environmentally Sensitive Assistance including: Oversight (Supervision and Protocol Design) mitigation of Microbial Contaminated Space. Environmental Assessments Large Educational Facility. Expert Testimony including Courtroom Testimony. Several Residential Assessments. Assessment and Litigation Supportof Government Program for Retired and Aging. Served as Quality Assurance Provider for Large Engineering Firm (Contractual). Project Review Contractor for International Property Management Organization. Provided peer-review to a large environmental organÏ:lation at their request. ! Guest lecturer for Florida Department of Labor Symposium, Sarasota, Florida. ! Served as continuing education provider at Environmental Information Association 1~ Annual Conference. ! Guest lecturer, representing Underwriters Labcratory, at the Canadian Institute of Public Housing Inspectors annual training workshop. Vancouver, British Columbia, Canada. ! Guest Lecturer, American Association of Bioanalysts 2000 Conference, San Antonio, Texas. ! Guest Lecturer, Southwest American Sœiety of Home Inspectors, January 2002, Osprey, Florida. ! Guest Lecturer, Southeast Affordable Housing Association, 2002 Annual Meeting, Jacksonville, Florida. ! Guest Lecturer, American Association of Bioanalysts 2002 Conference, Myrtle Beach, South Carolina. ! Guest Lecturer, Polk County Home Builders Association, Lakeland, Florida 2003 ! Guest Lecturer, American Association of Bioanalysts 2004 Conference, Las Vegas, NV FUTURE: ! Participate in development of industry models useful toward the standardizatrim of information obtained and employed in assessments of indoor environments. ! Participate in development of standard protocols for environmental assessments that will interface and assist in the clinical evaluation of occupants suffering untoward effets of environmental contamination. ! Provide continuing education which willAProfessionalize® the Indoor Environment Industry. ! Be a positive force in environmental health industry. Scarry: Curriculum vitae 9