Full Text
Phoenix Environmental, Inc. Agreement for Professional Services: Asbestos and Lead-based Paint This agreement is entered into on October 2, 2000 between Phoenix Environmental, Inc. (Phoenix Environmental) and the City of Moscow (Client). Under this contract, Phoenix Environmental agrees to perfonn a survey to identifY and sample for asbestos containing building materials and lead-based paint in the building located at 410 East Third Street, Moscow, Idaho, hereinafter referred to as the "1912 Building". Scope of Work The scope of work for the project includes: • sampling and analysis of materials identified as potentially containing asbestos • sampling and analysis of surface coatings on building components to detennine if lead based paint is present. Surfuce coatings include paint, shellac, varnish, or any other coating, including wallpaper that covers painted surfuces. • Results from both inspections will be summarized in a report that will identifY: • all materials tested and their locations • description of sampling procedures • all sample results • a summary of materials discovered to contain asbestos and/or leaded paint Phoenix Environmental agrees to complete the sampling hy October 31, 2000. The wTitten report will be completed and submitted to the Client within ten business days of receipt of final sample results from the analytical laboratory. Out-of-scope tasks and associated costs (for example, sampling and/or monitoring during construction, testing demolition debris, water testing) can be added to the project by contract amendments upon mutual agreement of Phoenix Environmental and the Client. Estimated Cost The estimated cost of the described scope of work is $2,900 to $4,500; the actual cost will not exceed $4,500. The basis for the estimated cost is included in the attached "Estimated Level of Effort (LOE)" tables. Estimates were calculated separately for asbestos and lead-based paint. The original LOE calculations were developed based on observations made during the pre-project building survey. A 10% contingency was added to the high-end of the range to accommodate potential additional samples in building areas that were not accessed or identified during the pre-project survey. The actual cost will depend upon time expended and the materials used by Phoenix Environmental in completing this scope of work. Terms of Payment Invoices will be submitted and shall be due and payable upon receipt. A late payment charge of I% will be assessed on any amount not paid wifhin 20 days of the invoice date. Phoenix Environmental may, at its option, withhold delivery of reports and any other data pending receipt of payment for all services rendered. Agreement for Services Page 1 2000-59 ---PAGE BREAK--- Sampling The client is responsible for providiog Phoenix Environmental's right of access to the subject property for the purpose of conductiog the survey and sample collection. Collection of samples for asbestos and lead-based paint analysis requires removing sufficient quantity (usually approximately one square ioch) of the suspect material to provide the analytical laboratory an adequate quantity for analysis. Phoenix Environmental, Inc. will operate with reasonable care to minimize damage to sampled materials and surfaces. The Client bears responsibility for repairs of damages to the Client's property incurred from such sample collection. Limitation of Liability To the fullest extent permitted by law, Client agrees to limit the liability ofPhoenix Environmental, and its employees, for any acts, errors or omissions or breaches of contract to the amount of payments received by Phoenix Environmental under the terms of this agreement. In no event shall Phoenix Environmental be liable for any indirect, special or consequential loss or damage, and Client shall iodemnifY and hold Phoenix Environmental harmless agaiost any such loss or damage or liability. Failure of Client to give written notice to Phoenix Environmental of any such claim of negligent act, error, or omission within one year after completion of the service to be performed hereunder shall constitute a waiver of said claim by Client. Indemnification Each party shall iodemnifY the other from third-party claims arising out of the negligence of the indemnifYiog party to the extent that such loss or expense is caused by that party's negligence. In addition, Client agrees to indemnifY, defend and hold Phoenix Environmental harmless from any loss, cost, damage, or expense (iocluding attorney's fees), arising out of or in connection with Phoenix Environmental's performance under this agreement for any environmental pollution or contamination at this site except to the extent that such pollution or contamination is caused by the gross negligence or willful misconduct of Phoenix Environmental. No Third Party Beneficiaries The ioforrnation gathered will be presented for the sole use of the Client. There are no third party beneficiaries of the agreement between the Clients and Phoenix Environmental. Because Phoenix Environmental has no control over future uses of the property in question, the findings and conclusions of the report are limited to the delivery date of the report. Date: Address: Agreement for Services Page 2 ---PAGE BREAK--- Estimated Level of Effort for Asbestos Sampling Moscow's 1912 Building Moscow, Idaho PreJ!aration labor Subtotal Prep SamJ!Iins and SamJ!Ie Handling labor Asbestos samples@ $7/sample Supplies & equipment Subtotal Sampling (ind 8% charge on directs) Reeorting labor Copies, report production Subtotal Reporting Estimated Project Cost 1 0% contingency Estimated Project Total Estimated labor Range (hours @ $45/hr) low High I I 3 4 20 40 2 4 1912 09/28/2000 Estimated Cost Range low High $45.00 $45.00 $45.00 $45.00 $135.00 $180.00 $140.00 $280.00 $20.00 $35.00 $318.60 $534.60 $90.00 $180.00 $15.00 $25.00 $105.00 $205.00 $784.60 $86.31 $468.60 $863.06 Asbestos ---PAGE BREAK--- 1912 Estimated Level of Effort for Lead-Based Paint Sampling Moscow's 1912 Building Moscow, Idaho Estimated labor Runge (hours @ $45/br) low High Preparation labor 4 4 Subtotal Prep Sameling and Samele Handling Labor 12 24 Point samples@ $6fsample 175 225 Supplies & equipment Subtotal Sampling (ind 8% chg) Labor 4 8 Copies, report production Subtotal Reporting Estimated Project Cost 1 0% contingency Estimated Project Total 09/28/2000 Estimated Cost Range low High $180.00 $180.00 $180.00 $180.00 $540.00 $1,080.00 $1,050.00 $1,350.00 $50.00 $75.00 $1,771.20 $2,705.40 $180.00 $360.00 $25.00 $50.00 $205.00 $410.00 $3,295.40 $329.54 $2,156.20 $3,624.94 Lead-based Paint