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AGREEMENT FOR PROFESSIONAL SERVICES RELATED TO RESTORATION AND REPAIR - CITY HALL BASEMENT BETWEEN CITY OF MOSCOW, IDAHO AND DISASTER RESPONSE, LLC THIS AGREEMENT FOR PROFESSIONAL SERVICES RELATED TO RESTORATION AND REPAIR - CITY HALL BASEMENT, BETWEEN CITY OF MOSCOW, IDAHO AND DISASTER RESPONSE, LLC, made and entered into this day of fc(;{e,,,,zfvx=, 2017, by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Disaster Response LLC, 723 l 51h Street, Clarkston, Washington, 99403 (hereinafter "CONTRACTOR"). W I T N E S S E T H: WHEREAS, CITY intends to contract for the restoration and repair of the City Hall Basement, 206 East Third Street, Moscow, Idaho, as defined in Exhibit (hereinafter referred to as "PROJECT") which PROJECT is more specifically described hereinbelow; and NOW, THEREFORE, it is agreed, for and in consideration of the mutual covenants and promises between the parties hereto, as follows: SECTION I: PROJECT Description/Scope of Work: The PROJECT scope shall be defined in Exhibit "A , attached hereto. The Scope of the PROJECT shall include: Floor protection; Texture drywall; Seal and paint walls and door; Install window apron; Cove base molding; Asbestos test; Job site clean-up; and Site evaluation. Compensation: SECTION II: A. CONTRACTOR shall perform all work necessary to complete the PROJECT for an amount not to exceed eight thousand seven hundred ninety and twenty two one-hundredths dollars ($8,790.22). B. If additional work is necessary, the Parties may amend this Agreement in writing. PROFESSIONAL SERVICES AGREEMENT - RESTORATION AND REPAIR DISASTER RESPONSE, LLC AND CITY PAGE 1OF15 ---PAGE BREAK--- C. CITY shall be invoiced upon completion of emergency service work. Reasonable and customary charges include the costs of services and materials, in accordance with CONTRACTOR's procedures and price guidelines, and/or in accordance with reasonable industry standards plus overhead and profit. Payment in full is due upon completion of the work. SECTION III: CONTRACTOR's Responsibilities: CONTRACTOR shall complete the entire work on the PROJECT. Such work shall be conducted in a good and workmanlike manner which meets or exceeds industry standards and building code requirements. CONTRACTOR shall provide all services and materials necessary to reasonably mitigate additional damage to CITY's property, including, but not limited to, extraction of bulk water, removal of wet or contaminated material and personal property, securing, shoring and/or boarding up of the structure(s) to mitigate the additional damages and to promote security, corrosion control, and emergency safety remediation as necessary to reasonably protect CITY and property. CONTRACTOR shall provide CITY with a limited warranty against hidden latent defects in workmanship for a period of one year from substantial completion of the work on the real property (City Hall basement). SECTION IV: PROJECT Schedule: CONTRACTOR shall achieve completion of the PROJECT on or before thirty (30) days from commencement of work. In the event of unavoidable delays due to any act, interference, or change order requests from CITY, by weather conditions, by material shortages, by an act of God, or other circumstances beyond CONTRACTOR's control, CONTRACTOR, upon concurrence by the CITY, shall be granted an extension. The length of extensions due to such delays shall be as determined by the CITY. The City shall be notified of such delays or potential delays within two working days ofCONTRACTOR's knowledge of such delays. SECTION V: Independent CONTRACTOR: The contracting parties warrant by their signature that no employer/employee relationship is established between CONTRACTOR and CITY by the terms of this Agreement. It is understood by the parties hereto that CONTRACTOR is an independent contractor and as such neither it nor its employees, if any, are employees of CITY for purposes of tax, retirement system, social security (FICA) withholding. PROFESSIONAL SERVICES AGREEMENT - RESTORATION AND REPAIR DISASTER RESPONSE, LLC AND CITY PAGE20F 15 ---PAGE BREAK--- SECTION VI: Termination: A. Termination of Agreement. This Agreement may be terminated by CONTRACTOR upon thirty (30) days' written notice, should CITY fail to substantially perform in accordance with its terms through no fault of CONTRACTOR. CITY may terminate this Agreement upon thirty (30) days' written notice without cause and without further liability to CONTRACTOR except as designated by this section. In the event of termination, CONTRACTOR shall be paid for services performed to termination date, including direct expense and including a percentage of the fixed fee based upon the work completed. B. Termination of PROJECT. If any portion of PROJECT covered by this Agreement shall be suspended, abated, abandoned, or terminated, CITY shall pay CONTRACTOR for the services rendered to the date of such suspended, abated, abandoned, or terminated work; the payment to be based, insofar as possible, on the amounts established in this Agreement or, where the Agreement cannot be applied, the payment shall be based upon a reasonable estimate as mutually agreed upon between the two parties as to the percentage of the work completed. SECTION VII: Insurance: A. The CONTRACTOR shall not commence work until CONTRACTOR has obtained all insurance required under this section or until CONTRACTOR has satisfied CITY in this respect; nor shall CONTRACTOR allow any subcontractor to commence work until such subcontractor has also obtained such required insurance applicable to such subcontractor's work. The CONTRACTOR shall maintain such required insurance coverage throughout the term of this Agreement and will hold CITY harmless and shall indemnify CITY for any losses arising out of the CONTRACTOR's operations, including any contingent liability arising therefrom. The cost of such insurance shall be borne by the CONTRACTOR. The CONTRACTOR shall furnish copies of all insurance policies and/or certificates of insurance to CITY at the time of execution of this Agreement. Each policy shall include a provision to the effect that it shall not be subject to cancellation, or reduction in the amounts of its liabilities, or any other material change, until notice has been given in writing to CITY and the Parks and Facilities Manager not less than fifteen (15) days prior to such action. CONTRACTOR shall further cause CITY to be named as an additional insured on all applicable insurance policies. B. The CONTRACTOR shall take out and maintain, during the term of this Agreement, statutory worker's compensation insurance for all employees who will work on this PROJECT, and if any work is subcontracted, the CONTRACTOR shall require the subcontractor similarly to provide such insurance for all of the subcontractor's employees unless they are included under the protection afforded by the CONTRACTOR. PROFESSIONAL SERVICES AGREEMENT - RESTORATION AND REPAIR DISASTER RESPONSE, LLC AND CITY PAGE3OF15 ---PAGE BREAK--- C. The CONTRACTOR shall take out and maintain during the term of this Agreement comprehensive public and general liability insurance. The comprehensive public and general liability insurance shall have, at a minimum, a coverage limit of at least Five Hundred Thousand Dollars ($500,000) per occurrence, and One Million Dollars ($1,000,000) aggregate. Policies containing deductible clauses will not be acceptable. SECTION VIII: Hold Harmless/Indemnification: In addition to other rights granted CITY by the Contract Documents, CONTRACTOR shall indemnify and save harmless the CITY, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of CONTRACTOR or its subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of CONTRACTOR or its subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. SECTION IX: Conflict of Interest: CONTRACTOR covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the PROJECT which would conflict in any manner or degree with the performance of its services hereunder. CONTRACTOR further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, CONTRACTOR shall immediately disclose such conflict to the CITY Parks and Recreation Director. SECTION X: Entire Agreement, Modification And A sigµability: This Agreement and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This Agreement may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. CONTRACTOR may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by this Agreement, without the prior written consent and express authorization of CITY. PROFESSIONAL SERVICES AGREEMENT - RESTORATION AND REPAIR DISASTER RESPONSE, LLC AND CITY PAGE40F 15 ---PAGE BREAK--- SECTION XI: Adherence To Law Required: All applicable local, state and federal statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these statutes or regulations by CONTRACTOR shall be deemed material and shall subject CONTRACTOR to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of CONTRACTOR will in any way serve to modify the provisions of this requirement. CONTRACTOR and its surety shall indemnify and save harmless CITY and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by CONTRACTOR, CONTRACTOR's employees, or its subcontractors. SECTION XII: Non-Discrimination: CONTRACTOR shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideals, sex, sexual orientation, age, marital status, physical or mental handicap, or national origin. SECTION XIII: Legal Fees: In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. SECTION XIV: Jurisdiction and Venue: This Agreement shall be construed in accordance with and shall be subject to the laws of the State of Idaho and that the venue of any such action shall be the Second Judicial District of the State of Idaho in and for Latah County. SECTION XV: Special Warranty: CONTRACTOR warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Agreement. CONTRACTOR further declares that no improper personal, political or social activities have been used or attempted in an effort to PROFESSIONAL SERVICES AGREEMENT - RESTORATION AND REPAIR DISASTER RESPONSE, LLC AND CITY PAGE 5OF15 ---PAGE BREAK--- influence the outcome of the competition, discussion, or negotiation leading to the award of this Agreement. Any such activity by CONTRACTOR shall make this Agreement null and void. SECTION XVI: Communications: Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: DISASTER RESPONSE, LLC Mike Mooney City: Parks and Recreation Director City of Moscow Execution: 723 l 51h Street Clarkston, Washington 99403 (208) 503-7190 SECTION XVII: 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said CONTRACTOR and CITY have caused this Agreement to be executed on the day and year first above written. CONTRACTOR CITY DISASTER RESPONSE, LLC City of Moscow, Idaho By:r-m mfrv./ By: _ /Ţney U .t:Cow . Dwight Curtis 8 \J · Parks and Recreation Director I/ · · : . IX " . ϵ ! · O Al;TT Q - : : . ' ' :3 t, . ) • PI · PROFESSIONAL SERVICES AGREEMENT - RESTORATION AND REPAIR DISASTER RESPONSE, LLC AND CITY PAGE 6OF15 ---PAGE BREAK--- STATE OF lh() County of la..J.ah ) ) ss: ) ACKNOWLEDGMENT PROFESSIONAL SERVICES AGREEMENT - RESTORATION AND REPAIR DISASTER RESPONSE, LLC AND CITY PAGE 7 OF 15 ---PAGE BREAK--- Landing EXHIBIT Restoration and Repair DISASTER RESPONSE, LLC 723 15th Street Clarkston, WA 99403 [PHONE REDACTED] Contractors Lie# ID RCE-41 OR CCB 210295 WA DJSASRL846KQ CITYOFMOSCOW-REP Main Level Missing Wall 3' 11" x 9' 10" Opens into STAIRS OESCIUl'TION I. Floor protection - heavy paper and tape 2. 5/8" - drywall per LF - up to 4' tall 3. Texture drywall - smooth I skim coal 4. So:al the walls w/latex b<1so:d stain blocker - one coat 5. Paint the walls - two coats 6. Install Paiut door/window trim & jamb - 2 coats (per side) 7. Finish Carpenter - per hour Lah11r for 11 finish carpenter 111 install the window apron 8. Cove base molding - rubber or vinyl, 4" high Hallway DESCRIPTION 9. Floor protection - heavy paper and tape 10. 5/8" - drywall per LF - up to 4' tall 11. Texture drywall - smooth I skim coal 12. Seal the walls wflatex basecl stain blocker - one coot 13. Paint the walls - two coats 14. Cove base molding- rubber or vinyl, 4" high Generator Room DESCRIPTION IS. Vloor protection - heavy paper and tape 16. 5/8" - drywall per LF - up to 4' tall 17. Texture drywall - smooth I skim coat 18. Seal the walls w/latex based stain blocker - one coat 19. Paint the walls - two coats 20. Cove base molding - rubber or vinyl, 4" high PROFESSIONAL SERVICES AGREEMENT - RESTORATION AND REPAIR DISASTER RESPONSE, LLC AND CITY QTY UNITl'RICE 74.97 SF@ 0.30= 43.42 LF@ 9.59= 426.93 SF@ 0.87= 426.93 SV@ 0.43 = 426.93 Sf@ 0.70= 1.00 EA@ 18.30 = 1.00 IIR@ 45.71 = 43.42 LF@ 1.78 = QTY UNIT PRICE 69.79 SF@ 0.30= 42.34 LF@ 9.59 = 416.31 SF@ 0_87= 416.31 SF@ 0.43 = 416.31 Sf@ 0.70= 42.34 LF@ 1.78 = QTY lJNIT PRICE 52.11 SF@ 0.30= 16.00 LF@ 9.59= 225.88 SF@ 0.87= 285.13 SF@ 0.43 = 285.13 SF@ 0.70= 29.00 LF@ 1.78= Height: 9' 10" TOTAL 22.49 416.40 371.43 183.58 298.85 18.30 45.71 77.29 Height: 9' 10" TOTAL 20.94 406.04 362.19 179.01 291.42 75.37 Height: 9' 10" TOTAL 15.63 153.44 196.52 122.61 1 99.59 51.62 PAGE 8 OF 15 ---PAGE BREAK--- Rooml DISASTER RESPONSE, LLC 723 15th Street Clarkston, WA 99403 [PHONE REDACTED] Contractors Lie# ID RCč:-41 OR CCB 210295 WA DTSASRL846KQ DESCRIPTION 21 . Floor proh:ction - heavy paper and tape 22. 5/8" - drywall per LF - up to 4' tall 23. Textme drywall - smooth I skim coat 24. Seal the walls w/latcx based stain blocker - one coat 25. Content Manipulation charge - per hour QTY 35.62 SF@ 24.83 LF@ 244.16 SF@ 244.16 SF@ J.00 HR@ lub11r 111 m11ve <'tmtent.r 11ul of room um/ put tliem but·k in after ul/ repai0 ure wmpleletl 26. Paint the walls - two couts 244.16 SF @ 27. Cove base molding- rubber or vinyl, 4" high 24.83 LF@ Elevator Room DESCRIPTION 28. Floor protection - heavy paper and tape 29. 5/8" - drywall per LF - up lo 4' tall 30. Texlure drywall - smooth I skim coal 31. Seal the W<1lls w/latex based 8tain blocker - one coat 32. Paint the walls - two coats 33. Finish Carpenter - per hour QTY 48.81 SF@ 28.16 LI-'@ 276.94 SF@ 276.94 SF@ 276.94 SF@ 2.00 HR@ Lahor fnr a fini.•·h carpenter to W!tup w11rk area, cut material•, a1ul imtall 34. Window stool & apron 4.00 LF @ 35. Install Paint door/window trilll &jamb- 2 coats (per side) 1.00 EA@ 36. Cove base molding- rubber or vinyl, 4" high 28.16 LF@ GENERAL DF:SCRIPTION 37. Asbeslos lesl fee - run service survey - base fee 38. Painting Material Paint for t11e wi11dow trim nnd jamb 39. Cleaning Technician - per hour Cleun up tile jt1h .•ite 11nce ull 11/ the repui,.,. are com11letetl. 40. On-Site Evalualion and/or Supervisor/ Adm in - per hour 41. Drywall installer I Finisher - per hour To allow for 4 round trips to complete drywall ready for paint PROFESSIONAL SERVICES AGREEMENT - RESTORATION AND REPAIR DISASTER RESPONSE, LLC AND CITY QTY 1.00 Ď:A@ 1.00 EA@ 4.00 IIR@ 10.00 HR@ 8.00 HR@ UNIT PRICE OJO= 9.59= 0.87= 0.43 = 31.50= 0.70= 1.78 = 0.30 = 9.59= 0.87 = 0.43 = 0.70= 45.71 = 4.82 = 18.30 = 1.78 = UNIT PRICli: 300.00 = 30.UO = 29.04= 43.34 = 59.84 = Height: 9' 10" TOTAL 10.69 238.12 212.42 104.99 31.50 170.91 44.20 Height; 9' t O" TOTAL 1 4. 64 270.05 240.94 119.08 193.86 91.42 19.28 18.30 50.12 TOTAL 300.00 30.00 116.16 433.40 478.72 PAGE 9 OF 15 ---PAGE BREAK--- DISASTER RESPONSE, LLC 723 15th Street Clarkston, WA 99403 [PHONE REDACTED] Contmã1ors Lie# ID RCE-41 ORCCB210295 WA DTSASRL846KQ CONTINUED-GENERAL DESCRIPTION 42. Painter - per hour T11 all11w for Z r